The Severance of International Sports Law into a Separate Branch

Article excerpt

Increased interest in the sphere of legal regulation of sport in our country over the past two years has caused a surge of scientific and academic activity in the publication of new articles and developing new programs in sports law for students of legal specialities. The development of the Belarusian sports law doctrine is based on the achievements of foreign legal science and domestic experience. During communication with colleagues, the author faced with the opinion of the need to single out so-called "international sports law" into a separate branch and a separate theme of the course at the university. As a lecturer of a special course at the Faculty of International Relations in the Belarusian State University, the author directly faced with the development of the range of problems of international legal regulation of sports relations. For some time the author used in his publications (1) a term without proper critical analysis, but the activity of colleagues urged him to write this article.

The term "international sports law" is used in modern legal literature in two ways - as a part of international law, the designation of a set of instruments of an international character governing international sports relations (conventions, acts of the IOC, etc.) (2) and as a legal regulation of the sport at the international level, in the broadest sense (typical common law system) (3). In connection with the use of these concepts the question of the need to separate sports law into "domestic" and "international" and reasonability of the separation of international sports law as a separate science raises. As these two issues outlined in the most detailed manner by Professor Alekseev in his "International Sports Law", the opinion given in this article is based largely on a critical analysis of Chapter 2 of this monograph.

Generally accepted criteria for differentiation between branches of law are subject and method of legal regulation (4). What is the subject of international sports law? Obviously, these competitions of an international character and related relationships - are the basis of the subject of the international sports law. All other issues related to sports competitions of the international character are secondary - the activity of the subjects of the international sports law (IOC, international federations and WADA, sports arbitration courts, state). First of all sport is a competitive activity (5). Competitive activity involves at least two subjects of competition. In practice a lot of participants are involved in the international competitive activities if, of course, we do not deal with the international unofficial match e.g. of two basketball clubs from different countries. At the same time one of the features of the sports law (or more exactly quasi law) is that the question of the participation of the club in an international competition of international sports activities is solved before taking part in the international cup tournament. National Federation for the sports games recognized by the international federation can "nominate" the club which has won some prize in the national championship to participate in an international competition. Practically, this means that the club participating in the national championship is also participates in the tournament matches and is a candidate for the international competition. In the individual sports disciplines, such as tennis, athletes participate in international rankings, which are formed on the basis of their participation in recognized international and national open tournaments. Here the author considers the competitive sports relationships - the relationships of the first level. Related relationships - doping control and responsibility for the use of doping, labour relations of athletes, violence in sports and civil legal relations in terms of "international aspect" have their own specifics.

Nowadays thanking to the existence of the World Anti-Doping Code (VADC) and international conventions, anti-doping fight takes a global character. …


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