TY  - RPRT
TI  - The making of a Lex Sportiva: the court of arbitration for sport ?The Provider?
UR  - http://www.iilj.org/publications/2010-5.Casini.asp
N2  - The purpose of this paper is to examine the structure and functions of the Court of Arbitration for
Sport (CAS), in order to highlight a number of problems concerning judicial activities at the
global level more generally. Section 1 will outline CAS? organization and functions, from its
inception to the present date. In particular, this section will show how the history of the CAS is
reminiscent of a famous German novel based on a biblical saga, ?Joseph and his brothers? by
Thomas Mann: the CAS was originally the ?favorite son? of the Olympic movement?s founding
fathers; it subsequently became the target of its envious ?brothers? - i.e. the International
Federations and other sporting arbitration institutions - which viewed the CAS as a dangerous
enemy; ultimately, the CAS defeated its opponents, gained independence and brought normative
harmonization, thereby becoming ?the Provider? of global sports law. Section 2 will focus on the
role of CAS in making a lex sportiva, and it will take into account three different functions: the
development of common legal principles; the interpretation of global norms and the influence on
sports law-making; and the harmonization of global sports law. Section 3 will consider the
relationships between the CAS and public authorities (both public administrations and domestic
courts), in order to verify the extent to which the CAS and its judicial system are self-contained
and autonomous from States. Lastly, section 4 will address the importance of creating bodies like
CAS in the global arena, and it will identify the main challenges raised by this form of
transnational judicial activity. The analysis of CAS and its role as ?law-maker?, in fact, allows us
to shed light on broader global governance trends affecting areas such as the institutional design
of global regimes, with specific regard to the separation of powers and the emergence of judicial activities.
Y1  - 2010///
AV  - none
M1  - working_paper
A1  - Casini, Lorenzo
SN  - 1552-6275
EP  - 26
PB  - IILJ Working Paper (Global Administrative Law Series)
ID  - eprints3009
ER  -