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This open access book explores the complexity of the lex sportiva , the transnational legal regime governing international sports. Pioneering in its approach, it maps out the many entanglements of the transnational governance of sports with European legal processes and norms. The contributors trace the embeddedness of the lex sportiva within national law, European Union law and the European Convention on Human Rights. While the volume emphasizes the capacity of sports governing bodies to leverage the resources of national law to spread the lex sportiva globally, it also points at the fact that European legal processes are central when challenging the status quo as illustrated recently in the Semenya and Superleague cases. Ultimately, the book is also a vantage point to start critically investigating the Eurocentricity and the complex materiality underpinning the lex sportiva . The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.
Table des matières
1. Made in Europe:
Lex Sportiva as Embedded Transnational Law
Antoine Duval , Alexander Krüger and Johan LindholmPart I. The European Roots of Lex Sportiva2. Embedded
Lex Sportiva: The Swiss Roots of Transnational Sports Law and Governance
Antoine Duval3. Putting the Lex into
Lex Sportiva: The Principle of Legality in Sports
Johan Lindholm4. Europeanisation of the Olympic Host City Contracts
Yuliya Chernykh5. The Influence of European Legal Culture on the Evolution of
Lex Olympica and Olympic Law
Mark James and Guy Osborn6. Who Regulates the Regulators? How European Union Regulation and Regulatory Institutions May Shape the Regulation of the Football Industry Globally
Christopher A. Flanagan7. The Europeanisation of Clean Sport: How the Council of Europe and the European Union Shape the Proportionality of Ineligibility in the World Anti-Doping Code
Jan ExnerPart II. The Integration of European Checks into the Lex Sportiva8. False Friends: Proportionality and Good Governance in Sports Regulation
Mislav Mataija9. Sport Beyond the Market? Sport, Law and Society in the European Union
Aurélie Villanueva10. EU Competition Law and Sport: Checks and Balances 'à l'européenne'
Rusa Agafonova11. Is the
Lex Sportiva on Track for Intersex Person's Rights? The World Athletics' Regulations Concerning Female Athletes with Differences of Sex Development in the Light of the ECHR
Audrey BoisgontierPart III. Engaging Critically with a Eurocentric Lex Sportiva12. Lex Sportiva and New Materialism: Towards Investigations into Sports Law's Dark Materials?
Alexander Krüger
A propos de l'auteur
Antoine Duval is Senior Researcher at the TMC Asser Instituut, the Netherlands, a leading inter-university research centre specialised in International and European Law, where he heads the Asser International Sports Law Centre. Before joining the Centre, he obtained a PhD from the European University Institute in Florence in 2015. He has widely published on the transnational private regulation of sports and, in particular, the intersection between lex sportiva and EU law. His scholarly work combines cutting-edge insights on the transnationalization of law and governance with extensive empirical knowledge of sport’s regulations and institutions.Alexander Krüger is Legal Researcher at Umeå University, Sweden.Johan Lindholm is Professor of Law at the Department of Law at Umeå University, Sweden.
