Relations in society today are regulated by one rather complex and extensive category, which has the name "right". The existence of this phenomenon was due to the development of social formations. The gradual transition of humanity from tribal associations to state associations led to the need to create a mechanism that would become the main regulator of the internal processes of such structures. This category was created. Its competitiveness was proved by exceptional efficiency in the process of coordinating relations of completely different orientation.
At the same time, law has been constantly developing throughout human history. To date, it is a true system, which includes different in essence legal branches. In addition, the right is not the same on the entire planet. The economic, historical and ethnic characteristics of each state strongly influence the legal category. Nevertheless, the international sphere is becoming increasingly important. After all, most types of human activity have become more common on the world level.
An excellent example is sports. Today, competitions in different sports are not only a struggle for victory and primacy, but also a subtle political game, the features of which are enjoyed by many states. Therefore, this sphere of human activity is regulated by a special branch of law, namely, sports.
International regulatory branch: concept
International sports law is one of the branches of the classical international sphere of coordination. Therefore, a review of the category should begin with an analysis of its origins. International law has not always existed, but it is a truly ancient industry. In theory, it is a set of legal norms and legal relations regulated by them, in which a foreign element is present.
There are also other views on the problems of this industry. For example, some scholars consider international law exclusively as a set of special normative acts, the parties in which there are sovereign states. The development of the represented industry began long ago, as diplomacy was known already in the times of Ancient Egypt, Greece, Rome, etc. The agreements concluded between the ancient states became an example of the first international legal relations. As for the present, in the 21st century the industry is divided into several separate parts. This is due to a number of quite specific features.
What caused the division of the international industry?
Sport law is a relatively young structural element of the previously mentioned sphere of regulation. Its appearance is due to the process of development and popularization of social relations of a certain kind. Looking ahead a little, it should be noted that sports law is a group of interrelated legal norms, that is, similar or homogeneous. The emergence and subsequent development of the sub-sector is determined by three objective factors:
- The emergence of new, rapidly gaining popularity in society;
- Actual interest of several states in establishing the legal order in the new environment of public relations;
- Development, creation and recognition of general legal principles in the new sphere of human activity.
Thus, the development of a new industry or sub-sector is possible only if it is relevant to the international community. In this case, sports law is an example of the industry, the level of popularity and demand for which is increasing today. Therefore, the presented sphere of regulation can be regarded as an independent phenomenon.
The concept of sports law
So, above we have considered the key features of the international legal industry as a whole. In this case, a logical question arises about what is international sports law. According to the general opinion of most SME scholars, this is a whole system of homogeneous legal norms and established rules that regulate relations of a public nature in the field of sports activities. The key factor of such interaction of the society is its international character. That is, we are talking about sports not in the context of one country, for example Russia, but about activities that unite the interest of a large number of different states.
What is international sports activity?
Any legal industry regulates human work in a certain sphere. Physical culture and sports law is a system of legal norms. This indicates the direction of its regulation, the key object of which is international sports activities. This category includes a lot of relatively independent moments. In other words, international sports activities can be represented as:
- Work in the field of sports of states, organizations, individuals;
- Participation of common international formations, for example, the UN in sports movements;
- Holding competitions, events, conferences, symposia;
- Holding the next Olympic Games;
- Receiving foreign investment for the sports sector, as well as providing such subsidies to other states;
- Commercial activities in this area;
- Tax relations in sport, etc.
The subject of the sphere of legal regulation
Analyzing all the above lists, we can conclude that the subject of the sports industry is the relationship that arises in the process of implementation by sports actors world-class. But the peculiarities of this sphere of regulation are manifested not only in the structure of its subject matter. The principles and the system of sports law also have great significance.
Any legal sphere of regulation is a system in its essence. In this fact, the principle of effective coordination of public relations by jurisprudence as a whole is concluded. Sport law in this case is not an exception to the rules. Its system is divided into institutions and separate norms. In this case, we can not talk about the sub-sector of SMEs, because it is itself part of international law. A characteristic feature of the system of the sports industry is its openness. In other words, subjects of SMEs, that is, individual states, can change it through their own national legal systems.
Principles of sports law
Any legal system for regulating public relations has certain starting points. The basis of sports law also includes specific principles. In general, their system within the framework of SMEs is quite extensive, which is due to the presence of several groups. The Sports Law School has some general principles, the structure of which includes the following fundamental provisions, namely:
- The principle of good faith in the performance of obligations;
- The provision on respect for human freedoms;
- The principle of the unification of norms and institutions of SMEs;
- Principle of universal technology.
The presented initial provisions can be found not only in the framework of international sports law.
They also exist in other sub-sectors of international and national spheres of regulation of public relations. However, there are also special principles of SMEs, which reflect all the specifics and essence of the category presented in the article. The initial provisions of this kind regulate the specific relations associated with:
- The holding of the Olympic Games;
- Training activities;
- Development of SMEs and world sports, etc.
Thus, due to these principles, international sports law exists in the form of an independent industry. Moreover, its exceptional nature is also due to the presence of other special categories in the structure of SMEs.
Method of legal regulation
International, Russian sports law and similar industries of other states unites the fact of the existence of certain methods and methods by which regulation of public relations is carried out. In theory, this is called the method of legal coordination. In SMEs, regulation is carried out through a targeted impact on athletes, organizations and other industry actors. The set of methods is quite broad and includes:
- Decentralized and centralized management;
- Subordination, coordination of interests of separate parties;
- Regulation of hard and soft character.
It should be noted that in most cases a method of bilateral influence on the participating States is used. In other words, the initiative is allowed, but on condition that the rules adopted in the sports community are followed.
The study of any existing branch of law is impossible without an analysis of its sources. International sports law is characterized by a certain ambiguity in this issue. The whole system of sources is divided into an internal and international legal group. In the first case, we are talking about the national legislation of SME regulators, legal customs, judicial precedents of these countries. Thus, the whole set of legal norms of individual powers is recognized as a source in this case. International legal sources are more specific. After all, they are the norms regulating relations that are directly within the competence of SMEs.
Sources of international character
To date, theorists have identified four forms of SMEs. This applies directly:
- An international agreement;
- International legal custom;
- Acts of sports organizations;
- Judicial precedents of international instances.
The presented sources are born in the process of general activity of SMEs. For example, the rights of a sports federation of some type allow it to adopt certain acts on internal organization or external interaction. If the structure is of an international character, the issued act is the reference one and automatically equates to the source of the SMEs.
Thus, international sports law is an independent structure, fully formed to date, which has its own system and method of regulatory regulation. Its development needs to continue, because the world sport tirelessly evolves in the 21st century.