Human Rights in Sports Arbitrations

Released on by Tsubasa Shinohara
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  • Human Rights in Sports Arbitrations Book Detail

  • Author : Tsubasa Shinohara
  • Release Date : 2023
  • Publisher :
  • Genre :
  • Pages : 0
  • ISBN 13 :
  • File Size : 12,12 MB
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Human Rights in Sports Arbitrations by Tsubasa Shinohara PDF Summary

Book Description: Sports governing bodies establish their sporting rules and regulations. Nevertheless, they confront a complex question concerning whether a female athlete who inherently possesses an advantageous quantity of testosterone may participate in female athletic competitions. The primary focus of this article is to examine how the Court of Arbitration of Sport (CAS) should address human rights-related issues, even though it is not a human rights court like the European Court of Human Rights (ECtHR) but rather an arbitral tribunal. The article provides an overview of a regulatory framework of the prohibition of discrimination based on sex (or gender), gender identity and sex characteristics created by sports governing bodies (e.g. the International Olympic Committee and World Athletics). Then, it considers how such anti-discrimination regulatory framework may be applied by internal dispute resolution bodies within the sports governing bodies. It considers the CAS system concerning applicable law and arbitrators' power in the CAS arbitral proceeding and takes into account a question of what the CAS should do for human rights protection in sports.

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