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Gender, Athletes' Rights, and the Court of Arbitration for Sport (Paperback)
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Gender, Athletes' Rights, and the Court of Arbitration for Sport (Paperback)
Series: Emerald Studies in Sport and Gender
Expected to ship within 9 - 15 working days
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Disputes over gender, doping, and eligibility in Olympic sport are
widely covered in sport studies and in the mainstream media. Less
well known are the functions of the Court of Arbitration for Sport
(CAS), and the threat it poses to athletes' rights by depriving
them of access to their own countries' court systems. CAS loosely
follows the model of international arbitration tribunals. As in
forced arbitration outside of sport, employees - in this case, high
performance athletes - sign contracts agreeing to arbitration
rather than litigation as the sole means of dispute resolution.
Promoting the concept of sport exceptionalism, the International
Olympic Committee (IOC) justifies the power it exercises through
CAS by claiming that sport must be autonomous and self-regulating,
with disputes settled by specialist arbitrators. Arguments in
support of this position point to lex sportiva (global sports law)
as a valid legal principle in sport-related disputes, which, it is
claimed, cannot be understood or resolved by non-specialists.
Self-regulation works effectively to protect the Olympic industry
brand by keeping disputes 'in the family'. This critical analysis
of CAS's history and functions demonstrates how athletes' rights
are threatened by the forced arbitration process at CAS. In
particular, CAS decisions involving female and gender-variant
athletes, and racialized men and women, reflect numerous
injustices. As well as the chronic problem of CAS's lack of
independence, other issues examined here include confidentiality,
lex sportiva, non-precedential awards, the closed list of
specialist arbitrators, and, in doping cases, questions concerning
strict liability and burden of proof.
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