Typescript (photocopy). / Digitized by Kansas Correctional Industries

Este trabalho tem como escopo analisar as influências das normas e das decisões jusdesportivas internacionais no ordenamento jurídico brasileiro. Para isso, alinharam-se as predileções do autor por Esporte, Direito Internacional e Relações Internacionais, assim como por outras ciências, como Geografia. Indubitável a importância do tema para a conjuntura atual, sendo o Brasil sede dos dois principais megaeventos esportivos em 2014 e 2016, a Copa do Mundo Fifa e os Jogos da XXXI Olimpíadas, os Jogos Olímpicos. Essa dissertação foi dividida em quatro capítulos. O primeiro trata da relação entre Esporte, Globalização e Geopolítica, e o segundo capítulo versa sobre o Esporte sob a perspectiva dos Direitos Humanos. Após estudar o Esporte sob a perspectiva do Estado e do Homem, analisam-se as fontes do Direito Desportivo Internacional e o ordenamento jusdesportivo. Os Estados não são os únicos produtores de normas jurídicas. Entidades privadas são capazes de produzir normas, em cooperação ou em conflito com o Estado. Admite-se, portanto, pluralidade de produção normativa. No caso do Direito Desportivo Internacional, optou-se por abordar quatro organizações esportivas internacionais: COI, Wada, Fifa e TAS/CAS, tema do derradeiro capítulo. A influência de seus regulamentos e de seus estatutos se mostrará não apenas nos estatutos e nos regulamentos de suas afiliadas, mas também na legislação nacional. Essas organizações não governamentais de alcance transnacional/internacional têm sua natureza jurídica de acordo com seus estatutos constitutivos. A tentativa de unificação de sistemas jurídicos deve ser abandonada, dando lugar à concepção de harmonização. A dificuldade de harmonização é causada pela pluralidade de Estados e de atores privados que tentam normatizar as relações jurídicas que envolvem o esporte. Desse modo, as influências dessas normas internacionais de caráter privado são marcantes no ordenamento jurídico pátrio. Analisa-se como ocorrem essas influências e de que forma cada produtor de norma jurídica poderia atuar para que prevaleça a cooperação entre eles no âmbito jusdesportivo. / This work scopes to analyze the influence of international sports standards and sports law decisions in Brazilian law. To this end, the predilections of the author for Sport, International Law and International Relations, as well as other sciences such as geography, were lined up. Undoubted is the importance of this theme, as Brazil will host two major mega-sport events in 2014 and 2016, FIFA World Cup and the Olympics Games of the XXXI Olympic Games. This thesis was divided into four chapters. The first deals with the relationship between Sports, Globalization and Geopolitics, and second chapter debate about Sports in light of Human Rights. After studying the sports from the state and human rights perspectives, the sources of International Sports Law and the sports legal order are analyzed. States are not the only producers of legal rules. Private entities are able to produce legal norms, in cooperation or in conflict with the state. It is assumed, therefore, a plurality of production rules. For the final chapter, it was decided to address four international sports organizations: IOC, WADA, FIFA and TAS / CAS. The influence of their regulations and their statutes will be shown not only in the statutes and regulations of their affiliates, but also in national legislation. These transnational/international non-governmental organizations legal status is ruled by their statutes in accordance with the national legislation of the country where they are located. The attempt of unification of legal systems has been abandoned, giving rise to the concept of harmonization. The difficulty of harmonization is caused by the plurality of states and private actors that attempt to regulate legal relations involving sport. Thus, the influence of these international standards of a private nature is striking in national legal order. Essential is to analyze how these influences occur and how each law producer could act so that cooperation prevails among them in the sports law order.

Este trabalho tem como escopo analisar as influências das normas e das decisões jusdesportivas internacionais no ordenamento jurídico brasileiro. Para isso, alinharam-se as predileções do autor por Esporte, Direito Internacional e Relações Internacionais, assim como por outras ciências, como Geografia. Indubitável a importância do tema para a conjuntura atual, sendo o Brasil sede dos dois principais megaeventos esportivos em 2014 e 2016, a Copa do Mundo Fifa e os Jogos da XXXI Olimpíadas, os Jogos Olímpicos. Essa dissertação foi dividida em quatro capítulos. O primeiro trata da relação entre Esporte, Globalização e Geopolítica, e o segundo capítulo versa sobre o Esporte sob a perspectiva dos Direitos Humanos. Após estudar o Esporte sob a perspectiva do Estado e do Homem, analisam-se as fontes do Direito Desportivo Internacional e o ordenamento jusdesportivo. Os Estados não são os únicos produtores de normas jurídicas. Entidades privadas são capazes de produzir normas, em cooperação ou em conflito com o Estado. Admite-se, portanto, pluralidade de produção normativa. No caso do Direito Desportivo Internacional, optou-se por abordar quatro organizações esportivas internacionais: COI, Wada, Fifa e TAS/CAS, tema do derradeiro capítulo. A influência de seus regulamentos e de seus estatutos se mostrará não apenas nos estatutos e nos regulamentos de suas afiliadas, mas também na legislação nacional. Essas organizações não governamentais de alcance transnacional/internacional têm sua natureza jurídica de acordo com seus estatutos constitutivos. A tentativa de unificação de sistemas jurídicos deve ser abandonada, dando lugar à concepção de harmonização. A dificuldade de harmonização é causada pela pluralidade de Estados e de atores privados que tentam normatizar as relações jurídicas que envolvem o esporte. Desse modo, as influências dessas normas internacionais de caráter privado são marcantes no ordenamento jurídico pátrio. Analisa-se como ocorrem essas influências e de que forma cada produtor de norma jurídica poderia atuar para que prevaleça a cooperação entre eles no âmbito jusdesportivo. / This work scopes to analyze the influence of international sports standards and sports law decisions in Brazilian law. To this end, the predilections of the author for Sport, International Law and International Relations, as well as other sciences such as geography, were lined up. Undoubted is the importance of this theme, as Brazil will host two major mega-sport events in 2014 and 2016, FIFA World Cup and the Olympics Games of the XXXI Olympic Games. This thesis was divided into four chapters. The first deals with the relationship between Sports, Globalization and Geopolitics, and second chapter debate about Sports in light of Human Rights. After studying the sports from the state and human rights perspectives, the sources of International Sports Law and the sports legal order are analyzed. States are not the only producers of legal rules. Private entities are able to produce legal norms, in cooperation or in conflict with the state. It is assumed, therefore, a plurality of production rules. For the final chapter, it was decided to address four international sports organizations: IOC, WADA, FIFA and TAS / CAS. The influence of their regulations and their statutes will be shown not only in the statutes and regulations of their affiliates, but also in national legislation. These transnational/international non-governmental organizations legal status is ruled by their statutes in accordance with the national legislation of the country where they are located. The attempt of unification of legal systems has been abandoned, giving rise to the concept of harmonization. The difficulty of harmonization is caused by the plurality of states and private actors that attempt to regulate legal relations involving sport. Thus, the influence of these international standards of a private nature is striking in national legal order. Essential is to analyze how these influences occur and how each law producer could act so that cooperation prevails among them in the sports law order.

International sports law with emphasis on issue of doping in sports Key words: international sports law, doping, WADA The aim of this thesis is to describe environment and character of sports law on the one hand and to thoroughly analyse the doping issue in sports as one of highly topical fields of sports law on the other hand. After a general introduction, the second chapter describes problems of definition of the term 'sports' itself and subsequently the relation between sports and law as two distinct phenomena with norms of different nature. Terminological suitability of usage of term 'sports law' commonly used for relation between sports and law is also examined. The third chapter is already focused on international sports, since the international character is a typical attribute of sports law. Crucial characteristics determining the international character of sports law, as the pyramid structure of sports organizations, are explained. The following chapter concerns in more detail international organizations and treaties in the field of sports and their character with respect to public international law. Emphasized is the distinction between governmental and non-governmental international organizations. The thesis does not forget to point out case law, which has a crucial significance for establishment...

When Napster was first launched on the Internet in August of 1999 by young programmer, Shawn Fanning, the intension was that the platform would easily link Internet users with the free MP3 downloads they sought out on the web. By the time an injunction against the platform was granted and upheld by a state then federal court, Napster had made a far bigger impact than simply linking music listeners with free downloads. The proceedings of A & M Records, Inc. v. Napster, Inc. through the District Court Northern District of California then the United States Court of Appeals for the Ninth Circuit acted to test the applicability of copyright protections that had been legislatively heightened throughout the 1990’s and built the framework for specifications for copyright protection on the Internet. Even after fifteen years of being offline, the peer-to-peer platform still remains a household name due to the influence Napster had on shaping music consumers’ expectations of access to digital music as well as distributors’ practices. Through a review of A & M Records, Inc. v. Napster, Inc. in the district and appellate courts I will explore the workings of the Napster platform and the legal issues surrounding it - with an emphasis on vicarious copyright infringement, contributory copyright infringement, the application of the DMCA, and the application of the substantial non-infringing use doctrine to software technologies, as established by Sony Corporation of America v. Universal City Studios, Inc. I conclude that Napster has had a resounding legal, psychological, and technical impact on both the distribution and consumption of music in the digital space.

Properly written waiver of liability forms can be an effective tool in decreasing injury liability of intramural and recreational sports programs. In order for a waiver to be effective, (i.e., held up in court), participants must not only read and sign the waiver, but they must understand it as well. Readability, the ease of which text can be read and understood, is an important part of a well-written waiver. Waiver of liability forms should be written at a reading level consistent with that of the intended audience. On average, students read three grade levels below the last grade they completed in school. The highest grade level at which waiver of liability forms written for use in college settings should be the 9th grade. The main goal of this study was to assess the reading level of intramural and recreational sport waiver of liability forms, and compare them to the 9th grade level. Nine NIRSA member schools and nine non-NIRSA member schools from each of the six NIRSA regions were randomly selected for inclusion in this study. Following multiple mailings, the forms received were scanned into a computer, and readability was assessed using the Readability Calculation software (Micro Power & Light, Dallas, TX) for McIntosh. A one-sample t-test was performed to compare the forms to the 9th grade reading level. Forms were written significantly higher than the 9th grade level (t[26]=14.53, p<.0001). An analysis of variance was performed to assess possible moderating variables (e.g., NIRSA membership status and involvement of a risk management team in writing the waiver). No significant differences were found. Font size was also measured, and forms were found to have been written at a significantly higher level then the recommended 12 point font (t[28]=-2.88, p<.01). This study brings into questions the efficacy of waiver of liability forms used in many collegiate/university intramural and recreational sports programs in the U.S. / Graduation date: 2003

Please read the abstract (Synopsis) in the section, 00front, of this document / Thesis (DPhil (HMS))--University of Pretoria, 2008. / Biokinetics, Sport and Leisure Sciences / unrestricted

This paper considers whether the implementation of an international draft by Major League Baseball (MLB) will be possible. Over the last five years, the MLB has increasingly placed more stringent limitations on international spending, which has limited the bargaining power of international free agents. Many in the international market believe that the agreement between the MLB and the Major League Baseball Players Association (MLBPA) during the 2016 Collective Bargaining (CBA) negotiations are progressing towards an international draft, which would have a crippling effect on the future of baseball in many foreign countries. This paper is focused on the countries that stand to suffer the most should an international draft be implemented: the Dominican Republic, Venezuela, and Cuba. Currently there is little reliable research on this topic. Based on extensive research and interviews with both current and former international scouts, MLB baseball operations personnel, and employees working in the Labor Department in the MLB Commissioner’s Office, this paper suggests that while the MLB maintains that an international draft will be implemented in upcoming collective bargaining agreements, the obstacles in implementing an international draft will prove to be insurmountable.

RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...

International dispute resolution in sports Key words: international sports law, dispute resolution, CAS Abstract The purpose of this thesis is to analyze the mechanisms of dispute resolution in sports. After the introductory first chapter which deals with definitions of basic concepts such as sport in general or sports law, the thesis focuses on international aspects of sports law. The second chapter is concerned with essential issues of international sports law, particularly with the legitimacy of nongovernmental sports federations in the realm of the international legal order, nature of sports regulations, subjects of international sports law and the most important international legal documents. The third chapter describes the structure of international sports federations on the example of the International Olympic Committee (IOC). Special attention is dedicated to the discussion of international legal personality of the IOC and also to the character of the Olympic Charter, which is a crucial international document in the area of sports. The next three chapters examine one of the most important segments of international sports law - dispute resolution. Firstly, a domestic level of dispute resolution is addressed. This passage also contains the analysis of state courts' interventions into the practice and...