year 4, Issue 3 (Autumn 2016)                   Ann. Appl. Sport Sci 2016, 4(3): 51-59 | Back to browse issues page


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Galantić M. Sports Law: Some Introductory Considerations. Ann. Appl. Sport Sci. 2016; 4 (3) :51-59
URL: http://aassjournal.com/article-1-437-en.html
PhD Legal advisor, Ministry of Finance of Serbia, Tax Administration, Novi Sad, Serbia , mgalantic@yahoo.com
Abstract:   (2307 Views)

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

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APPLICABLE REMARKS

  • GSOs are autonomous and main creators of the rules of conduct in sport
  • Since the second half of the 20th century the state has had more important role
  • Rules of conduct in sports could be divided into private and public segment
  • Benefits of term sports law vs. “law and sport”, “law in sport”, etc.
  • Risks of using the term lex sportiva.

Type of Study: Review Article | Subject: Sport Management and its related branches
Received: 2016/07/22 | Accepted: 2016/10/29 | Published: 2016/10/31

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