Aramesh Shahbazi; Pouya Berelian
Volume 17, Issue 39 , June 2018, , Pages 153-168
Abstract
The study is to examine the structure and functions of the Court of Arbitration for Sport (CAS) in order to highlight a number of problems concerning judicial activities at the global level. First we will outline CAS’ organization and functions, from its inception to the present date. Then we will ...
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The study is to examine the structure and functions of the Court of Arbitration for Sport (CAS) in order to highlight a number of problems concerning judicial activities at the global level. First we will outline CAS’ organization and functions, from its inception to the present date. Then we will focus on the role of CAS in making lex sportiva, and it will take into account three different functions: the development of common legal principles; the interpretation of global norms and the influence on sports law-making; and the harmonization of global sports law. As a result, the analysis of CAS and its role as law-maker, in fact, allows us to shed light on broader global governance trends affecting areas such as the institutional design of global regimes, with specific regards to the separation of powers and the emergence of judicial activities in realm of international sport law.