Center on Global Governance
Scattering to the Four Winds: The Fragmentation of Sports Law
Sports Law is characterized by a multiplicity of sources: from the outset, law-making function was mainly carried out by different and competent sports associations (both national and international). Two major events have wreaked havoc: on one side, the ever-increasing professionalization of sports business has given birth to the outcrop of private associations – active in a sort of grey and undefined area – torn between public authority ans free market; on the other side, international federations have been called upon to manage those same associations. Lack of institutional and substantive coordination, both at the law-making and judicial levels, might (and has indeed) lead to manifold uncertainties not only on applicable law but also rising costs of transaction. We believe that, in order to address the issues by the so-called (and sometimes much-abused formula of) fragmentation, it may be helpful to draw some lessons from the analysis undertaken (in this same article) with regard to public international law (and its legal order). This article will then deal with the application of these lessons on Sports Law and we will strive to show why some analogies between these two legal orders are hardly to be inferred from.
Giovanni Distefano & Petros C. Mavroidis,
Eparpillement aux Quatre Vents: La Fragmentation du Droit du Sport,
Citius, Altius, Fortius: Mélanges en l'Honneur de Denis Oswald, Antonio Rigozzi, Dominique Sprumont & Yann Hafner, Eds., Bâle: Helbing Lichtenhahn, 2012
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2378