[Lex sportiva] New publications on transnational sports law

Published 4 September 2020

Asser senior researcher Antoine Duval recently authored several publications in the field of transnational sports law, also known as lex sportiva. The publications are now available on Asser’s SSRN page. The main topics are:

'Transnational Sports Law: the living Lex Sportiva’ in P. Zumbansen (ed) Oxford Handbook of Transnational Law, Oxford University Press, forthcoming 2020.
In this chapter, Duval traces the emergence of a transnational sports law, also known as lex sportiva. He examines lex sportiva both in theory and in action, with the aim of looking beyond the rules and identifying the processes and institutions that characterise the lex sportiva in its daily practice. Read more here.

'Time to go public? The need for transparency at the Court of Arbitration for Sport ‘ in A. Duval & A. Rigozzi (eds) Yearbook of International Sports Arbitration 2017, T.M.C. Asser Press, Springer, 2019
In this article, Duval argues that the Court of Arbitration for Sport must be more transparent, particularly with regard to its hearings and publication of awards. The Court ought to be subject to the same procedural scrutiny as national and international judicial bodies. Read more here.

'Seamstress of Transnational Law: How the Court of Arbitration for Sport Weaves the Lex Sportiva’ in N. Krisch (eds) Entangled Legalities, Cambridge University Press, forthcoming 2020
Duval shows that the work of the Court of Arbitration for Sport (CAS) can be compared to that of a seamstress; weaving together legal inputs into awards. In this chapter, Duval argues that the CAS judicial practice is best characterised by assemblage and hybridity. The argument is supported by empirical studies, charting the enmeshment of Swiss law, EU law and the European Convention on Human Rights (‘ECHR’), within the case law of the CAS. Read more here.

'Offside? Challenging the Transnational Legality of Israeli Football Activities in the Occupied Palestinian Territories’ in A. Duval & E. Kassoti (eds) The Legality of Economic Activities in Occupied Territories - International, EU Law and Business and Human Rights Perspectives, Routledge, 2020
In this chapter, Duval chronicles the failed challenge mounted by some NGOs and the Palestinian Football Association against the legality of the affiliation of football clubs located in the Occupied Palestinian Territories with the Israeli Football Association. This case study aims to assess the opportunities and limits of the business and human rights discourse in the context of economic activities in occupied territories. Read more here.

Antoine Duval is senior researcher in international and European law. He is the coordinator for the research strand ‘Advancing public interests in international and European law.’ His research focuses on the role of private actors in transnational law and lex sportiva is his primary case study. He is the founder and editor-in-chief of the ASSER International Sports Law Blog, of the Yearbook of International Sports Arbitration, and a member of the editorial board of the International Sports Law Journal and International Sports Law book Series of Asser Press.