Seamstress of Transnational Law: How the Court of Arbitration for Sport Weaves the Lex Sportiva

T.M.C. Asser Institute for International & European Law - Asser Research Paper 2020-08

Forthcoming in: Krisch, N. (ed.) ‘Entangled Legalities’, Cambridge University Press (2020)

26 Pages Posted: 10 Sep 2020

Date Written: September 6, 2020

Abstract

This chapter aims to show that the work of the Court of Arbitration for Sport (‘CAS’), which is often identified as the institutional centre of the lex sportiva, can be understood as that of a seamstress weaving a plurality of legal inputs into authoritative awards. In other words, the CAS panels are assembling legal material to produce (almost) final decisions that, alongside the administrative practices of sports governing bodies (‘SGBs’), govern international sports. It is argued that, instead of purity and autonomy, the CAS’ judicial practice is best characterised by assemblage and hybridity. This argument will be supported by an empirical study of the use of different legal materials, in particular pertaining to Swiss law, EU law and the European Convention on Human Rights (‘ECHR’), within the case law of the CAS. The chapter is a first attempt at looking at the hermeneutic practice of the CAS from the perspective of a transnational legal pluralism that goes beyond the identification of a plurality of autonomous orders to turn its sights towards the enmeshment and entanglement characterising contemporary legal practice.

Keywords: lex sportiva, court of arbitration for sport, transnational law, eu law, human rights, swiss law, interlegality, legal pluralism

JEL Classification: K33

Suggested Citation

Duval, Antoine, Seamstress of Transnational Law: How the Court of Arbitration for Sport Weaves the Lex Sportiva (September 6, 2020). T.M.C. Asser Institute for International & European Law - Asser Research Paper 2020-08, Forthcoming in: Krisch, N. (ed.) ‘Entangled Legalities’, Cambridge University Press (2020), Available at SSRN: https://ssrn.com/abstract=3688335

Antoine Duval (Contact Author)

T.M.C. Asser Instituut ( email )

P.O. Box 30461
2500 GL The Hague, 2517JN
Netherlands

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