Transnational Sports Law: The Living Lex Sportiva

T.M.C. Asser Institute for International & European Law - Asser Research Paper 2020-06

Forthcoming in: Zumbansen, P. (ed.), ’Oxford Handbook of Transnational Law’, Oxford University Press (2020)

27 Pages Posted: 10 Sep 2020

Date Written: September 6, 2020

Abstract

This chapter focuses on the emergence of a transnational sports law, also known as lex sportiva, ruling international sports. In the transnational law literature, the lex sportiva is often referred to as a key example or case study, but rarely studied in practice. Yet, it constitutes an important playground for transnational legal research and practice, and this chapter aims to show why. The focus of the chapter will first be on the rules of the lex sportiva. Law, even in its transnational form, is still very much connected to written rules against which a specific behaviour or action is measured as legal or illegal. As will be shown, this is also true of the lex sportiva, which is structured around an ensemble of rules produced through a variety of law-making procedures located within different institutions. The second section of this chapter will aim to look beyond the lex sportiva in books to narrate the lex sportiva in action. It asks, what are the institutional mechanisms used to concretize the lex sportiva in a particular context? The aim will be to go beyond the rules in order to identify the processes and institutions making the lex sportiva in its daily practice. Finally, the enmeshment of the lex sportiva with state-based laws and institutions is highlighted. While the lex sportiva is often presented as an autonomous transnational legal construct detached from territorialized legal and political contexts, it is shown that in practice it operates in intimate connection with them. Hence, its transnational operation is much less characterized by full autonomy than assemblage.

Keywords: lex sportiva, transnational law, global law, sports law, court of arbitration for sports, international olympic committee, world anti-doping agency, fifa

JEL Classification: K33

Suggested Citation

Duval, Antoine, Transnational Sports Law: The Living Lex Sportiva (September 6, 2020). T.M.C. Asser Institute for International & European Law - Asser Research Paper 2020-06, Forthcoming in: Zumbansen, P. (ed.), ’Oxford Handbook of Transnational Law’, Oxford University Press (2020), Available at SSRN: https://ssrn.com/abstract=3688344

Antoine Duval (Contact Author)

T.M.C. Asser Instituut ( email )

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

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