European Union Law

Sports Law in Switzerland 4th Edition

Edited by Lucien W. Valloni · Thilo Pachmann
Kluwer Law International January 2022

Specifications

ISBN-13
9789403541327
Publisher
Kluwer Law International
Publication
January 2022
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Switzerland deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law.

The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured.

This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Switzerland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Table of Contents

List of Abbreviations
Acknowledgements
General Introduction
Part I. Organization of Sport
Chapter 1. Sports Governance
Chapter 2. Public Regulation
Part II. Employment and Sport
Chapter 1. Athletes’ Position
Chapter 2. Labour Law
Chapter 3. Personality Rights
Part III. Doping and Sport
Chapter 1. Legal Basis
Chapter 2. Anti-doping Foundation Switzerland
Chapter 3. Criminal Prosecution of the Abuse of Doping
Chapter 4. Reinforcement of State Law?
Chapter 5. The Doping Procedure: Between Civil and Criminal Law
Chapter 6. Proving Doping According to the WADA Code
Chapter 7. Indirect Proof of Doping via Biological Passport and Alternative Methods
Part IV. Sport and Commerce
Chapter 1. Sport and Competition Law
Chapter 2. Free Movement in Swiss Sports
Chapter 3. The Role of Switzerland as a Host
Chapter 4. Bidding for Sporting Events
Chapter 5. Selection Criteria and Selection Decisions
Chapter 6. Sponsorship
Chapter 7. Broadcasting
Chapter 8. Ambush Marketing
Chapter 9. Betting in Sports
Chapter 10. Regulation of the Player-Agent Business
Chapter 11. Optimization of the Athletes’ Taxation in Switzerland
Part V. Legal Measures in Sports Cases
Chapter 1. Proceedings at the Court of Arbitration for Sport
Chapter 2. Legal Measures Against CAS Decisions

Selected Bibliography
Index
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