스포츠 로우(Sports Law)

This publication to commemorate my retirement is a great honor and there can be no bigger gift; it pleases me greatly. Many of my colleagues and friends from around the world have taken part in its publication; thirty-four scholars in sports law, as well as numerous experts from fifteen countries in the Americas, Europe and Asia, all of whom are dedicated to researching, teaching and producing excellent works in this field. I would like to express my sincerest gratitude to these worldwide sports law experts for the time they have taken from their busy schedules to send me these invaluable articles.

Human beings are pursuing happier and healthier lives as the economy strengthens. At the same time, international sports games play an important role in bringing together and uniting the communities of the world. While people enjoy watching and participating in big games such as the Olympics or the World Cup, this book aims to assist in the resolution of conflicts and the promotion of peace and cooperation.

As we know, in these changing times, even if the number of sports events are increasing in both the domestic and international arenas, research and development of sports law has fallen behind in many areas such as academic research on sports law underperforms in terms of the protection of sports rights as human rights, the protection of player-related contracts, the protection of players from injury, dispute mediation, sports related rules and their violation and sanctions, and the legalization of sports related industries. Moreover, there is an urgent need to adopt a legal system with laws aimed against sports games manipulation, as evidenced by drug use and violence.

This book is expected to be a guide, directing sports law developments through the scrutiny of recent trends in sports law theory. It was planned and edited to provoke discussion about the future of sports law through the analysis and scrutiny of the world's sports laws as they exist today. This book deals with the immediate problems of overall sports law. It also plans and sets out a new direction in sports law, in particular in the ares of sports contracts, sports injuries and responsibilities, fairness and integrity in sports, legal issues regarding fighting and doping prevention, and the roles and functions of CAS. It will provide answers and important information-possibly even controversial-regarding the normalization of sports law.

Last, but not least, I would like to thank Chairperson Joung Tae-Wook and his supportive staff at the Chaek-Yearn Publishing Co. for all of their hard work and efforts to ensure that this book comes to fruition.

Editorial Foreword

Congratulatory Message



Chapter 1 Sports and Lex Sportiva

ㆍ Fields of Research and Implementation of Sports Law: Sports Law Categories Dimitrios P. PANAGIOTOPOULOS

ㆍ Lex Sportiva and the Fairness Principle Klaus VIEWEG

ㆍ The Challenges of Defining Sport Sławomir FUNDOWICZ

ㆍ Justice or Injustice Code? Some Consideration about the new Italian Sports Justice Code Anna Di GIANDOMENICO

ㆍ The Legal Regulation of Sports Association Autonomy Hongjun MA

ㆍ The autonomy of sport in Italy Maria Francesca SERRA



Chapter 2 Sports and Public Law

ㆍ Model of the Public Administration in the Sports Sphere in India O.A. KASHURO

ㆍ SPORTS AND PUBLIC LAW (CONSTITUTION, ADMINISTRATIVE LAW) IN THE ITALIAN LEGAL SYSTEM E. LUBRANO

ㆍ The Applicability of Administrative Law in Resolving the University Sports Conflict ? Focusing on the legal theory of a partial society and the legal theory of discretionary powers Yong-Taek YOON

ㆍ The registration of non?Community amateur football players in Italy Valentina PORZIA

Kee-Young Yeun