The Notion Of Lex Sportiva

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The notion of Lex Sportiva in many ways mirrors the nature of the debate regarding its subject matter. Two academic schools of thought have debated since the 1980 's as to to the role of national legal systems within sporting contexts. More recently however, the debate has changed to one which questions the validity of Lex Sportiva or global sports as a genuinely distinguishable, and unique branch of law. As Gianni Infantino has suggested "both politicians and legal scholars have discussed the much vexed question of the so-called sporting exception. Academic Ken Foster has claimed that Lex Sportiva is even more niche, arguing that legal principles applied to sporting circumstances do not necessarily amount to the formation of Lex…show more content…
As Siekmann and Soek have suggested the CAS is responsible for "the development of a new and useful jurisprudence derived from its awards". One could justifiably argue that the CAS fills the gap between sporting governing bodies and traditional legal systems in the sense it will hear matters of purely sporting significance. Simply, those cases that do not fall within the remit of traditional legal judgements. This somewhat intermediary role is illustrated in Football Association of Serbia v. UEFA, in which the Serbian football association wished to contest the awarding of a point sanction during qualifying for the 2016 European Championships. Clearly in this case there is no breach of European community law. Yet, the CAS enables a bespoke service to challenge sporting judgements regardless of the opinion of traditional legal systems. Therefore one may justifiably argue that the CAS is a quasi-judicial body that successfully provides a reference on the unique nature of sporting regulation and codification. However as James has suggested "The UK has no formal definition of sport and consequently no formal definition of sports law" perhaps meaning that lex Sportiva is a not as clearly defined as previously assumed. As late as the 1980 's the laws relationship with sporting contexts was typified by a piece-meal, ad-hoc approach to legislation

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