Global Administrative Law: The Next Step for Global Sports Law?

10 Pages Posted: 14 May 2012

See all articles by Ken Foster

Ken Foster

University of Westminster - School of Law

Date Written: March 2, 2012

Abstract

This paper explores the implications of an emerging global administrative law for global sports law. It examines the theoretical underpinnings of lex sportiva as a transnational legal order and suggests that it has begun to internalize sufficient principles of substantive and procedural justice, through a process of juridification, to be able to argue for a limited immunity from legal intervention and regulation. But the increasing role of the IOC as a global regulatory body for international sport and the wider role of the Court of Arbitration for Sport is changing the character of the regulatory regime. It has become more a system of transnational private regulation. As such the development of a global administrative law, which seeks to control the private exercise of governmental type powers, is a coming challenge that lex sportiva needs to address.

Keywords: global administrative law, lex sportiva, transnational private regulation

Suggested Citation

Foster, Ken, Global Administrative Law: The Next Step for Global Sports Law? (March 2, 2012). U. of Westminster School of Law Research Paper No. 12-10. Available at SSRN: https://ssrn.com/abstract=2057750 or http://dx.doi.org/10.2139/ssrn.2057750

Ken Foster (Contact Author)

University of Westminster - School of Law ( email )

4 Little Titchfield Street
London, England W1W 7UW
United Kingdom

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