Annals of Applied Sport Science, vol. 4, no. 3, pp. 51-59, Autumn 2016 DOI: 10.18869/acadpub.aassjournal.4.3.51 www.aassjournal.com ISSN (Online) : 2322 – 4479 ISSN (Print): 2476–4981 *. Corresponding Author: Miloš Galantić E-mail: [email protected] Review Article www.AESAsport.com Received: 22/07/2016 Accepted: 29/10/2016 Sports Law: Some Introductory Considerations Miloš Galantić * Legal advisor, Ministry of Finance of Serbia, Tax Administration, Novi Sad, Serbia. ABSTRACT With the rise of importance of sport as a social phenomenon in recent decades, more public attention has been paid to the issue of the legal nature of the rules governing social relations in sports. The issue raised above are only a part of a much broader topic that involves questions of relations of a classical Westphalian state and changes in the international community as well as issues of the essence and manifestations of law. The traditional theoretical approach, based on the principles of Westphalian sovereign state and state centralism, does not allow the possibility of existence of sports law because the law does not exist outside of the state. The modern theories of legal pluralism represent a different approach and see one of the most powerful examples of non-state law in sports law. If the concept of the existence of sports law is accepted, it is important to determine its contents. From temporal and quantitative distance, sports organizations are autonomous and main creators of the rules of conduct in sport. However, since the second half of the 20th century the state has had bigger and more important role in the regulation of sport. KEY WORDS: Sports Law, Lex Sportiva, Legal Pluralism, State Regulation of Sport. INTRODUCTION With the rise of importance of sport as a social phenomenon in recent decades, more public attention has been paid to the issue of the legal nature of the rules governing social relations in sports. Are those just non-binding rules of conduct prescribed by the civic associations within the general right to freedom of association? Do such rules have a binding force in the national legal system only if the state determines so? Are they perhaps a part of a distinct legal order? The questions raised above are only a part of a much broader issue that involves questions of relations of a classical Westphalian state and changes in the international community as well as issues of the essence and manifestations of law. First of all it has to be seen who are the creators of the rules of conduct that regulate the social relations in sports. Sport organizations are the main creators of the rules of conduct that regulate the social relations. The conditions for the rise of modern sport were created in the 19 th century along with the economic and cultural changes caused by the industrial revolution and urbanization and the development of modern capitalist countries of the Western Europe and the United States of America (1). Modern sport is an organized competitive physical play (2). Basic preconditions for its existence are standardization of the rules of conduct and organizing sports competitions. The Downloaded from aassjournal.com at 13:11 +0330 on Saturday December 29th 2018 [ DOI: 10.18869/acadpub.aassjournal.4.3.51 ]
Sports Law: Some Introductory Considerations
Jul 09, 2023
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