Chapter 2: The Court of Arbitration for Sport
JOBNAME: No Job Name PAGE: 1 SESS: 7 OUTPUT: Tue Sep 6 14:00:44 2011 2 The Court of Arbitration for Sport Richard H. McLaren 1. OVERVIEW OF CAS In the early 1980s, the International Olympic Committee (IOC) perceived the need for an adjudicative tribunal that would be independent from international sports federations and capable of resolving international sports-related disputes. As IOC president H.E. Juan Antonio Samaranch described it, there was a need for ‘a supreme court of world sport.’1 Growing commercialization and globalization of sport meant sports-related disputes were becoming increasingly common and of a larger scale than previously seen. No one wanted to resolve such disputes in the opposite party’s national legal system. The uniqueness of each nation and sport, with diverse rules, legal systems, opinions, principles and philosophies of law, and goals, made it a Herculean feat to create a dispute resolution system that would be fair to all parties involved. Elite sport played at the global level depends upon nationalism, pride of spirit, and the sheer excitement of competition to support its ever-increasing popularity. The ﬂeeting nature of sport makes expeditious, impartial, and independent dispute resolution essential to the continuing prosperity and growth of elite sport. These forces came together in the international world of sport and forced recognition of the need for a unifying body to assist in the development of sporting law principles. Such a body would ensure fairness and integrity in sport through sound legal control and the harmonization of diverse laws...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.