Gender Athletes Rights And The Court Of Arbitration For Sport
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Gender, Athletes' Rights, and the Court of Arbitration for Sport by Helen Jefferson Lenskyj Pdf
This book presents an interdisciplinary approach to examining gender-related sports dispute resolution by the Court of Arbitration. Identifying complexities around gender, gender binaries, and the ways in which intersecting identities complicate resolutions, the author demonstrate how athletes' rights are threatened by a forced arbitration process.
The Court of Arbitration for Sport and Its Jurisprudence by Johan Lindholm Pdf
This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umeå University in Sweden.
Sport, Gender and Development by Lyndsay M.C. Hayhurst,Holly Thorpe,Megan Chawansky Pdf
The ebook edition of this title is Open Access, thanks to Knowledge Unlatched funding, and freely available to read online. Sport, Gender and Development brings together an exploration of sport feminisms to offer new approaches to research on Sport for Development and Peace (SDP) in global and local contexts.
Court of Arbitration for Sport (CAS), Procedural Justice, and Athletes' Appeals in Developing Countries by Zia Akhtar Pdf
The Court of Arbitration for Sport (CAS) system for arbitration has rules that follow the lex loci arbitri and its procedures conform to the Swiss private international law in appeals to the Swiss Federal Tribunal for athletes. The jurisdiction of CAS has to conform to the principles of natural justice when appeals from athletes who have disputes with international sports federations are brought to its attention. This is of particular concern when the national federations of developing countries are involved in sanctioning or supporting athletes who have encountered discrimination. The research question in this paper is whether the CAS exercised procedural justice when the adjudication process involved athletes who had been banned from competition and if the rulings were in accordance with fairness and impartiality. The recourse to the European Court of Human Rights, Article 6.1, has been in sharp focus and the judgments of the court on public hearings and the role of quasi-tribunals need to be structured in accordance with natural justice. This paper argues that the CAS process should increase the scope of procedural justice by granting a fair hearing and by being seen as bias free.
Woman Enough by Kristen Worley,Johanna Schneller Pdf
A powerful and inspiring story of self-realization and legal victory that upends our basic assumptions about sexual identity. In 1966, a male baby, Chris, was adopted by an upper-middle-class Toronto couple. From early childhood, Chris felt ill-at-ease as a boy and like an outsider in his conservative family. An obsession with sports--running, waterskiing and especially cycling--helped him survive what he would eventually understand to be a profound disconnect between his anatomical sexual identity and his gender identity. In his twenties, with the support of newfound friends and family and the medical community, Chris became Kristen. Chris had been a world-class cyclist, and now Kristen wanted to compete for her country and herself in the 2008 Beijing Olympics. She became the first athlete in the world to submit to the International Olympic Committee's gender verification process, the Stockholm Consensus. An all-male jury determined she fit their biological criteria--but the IOC ultimately objected to her use of testosterone supplements. They, and other sports bodies, regard them as performance enhancing, when in fact all transitioned female athletes need the hormone to stay healthy and to compete. So Kristen filed a complaint against the sports bodies standing in her way with the Ontario Human Rights Tribunal. And she won. Woman Enough is the account of a human rights battle with global repercussions for the world of sport; it's a challenge to rethink fixed ideas about gender; and it's the extraordinary story of a boy who was rejected for who he wasn't, and who fought back until she found out who she is.
Sport, Gender and Mega-Events by Katherine Dashper Pdf
This volume unpicks mega-events as gendered entities and showcases how they both position athletes in relation to one of two binary sex positions and also push the boundaries of what we see and accept as a recognisably gendered male or female body.
Doping in Sport and Fitness by April Henning,Jesper Andreasson Pdf
Doping in Sport and Fitness argues that rigid differentiations between doping contexts are less clear than it might seem. Breaking down these boundaries allows for a more complete understanding of substance use patterns, behaviours, and policy responses related to sport, fitness, and society.
Author : Jack Anderson Publisher : Springer Science & Business Media Page : 392 pages File Size : 42,8 Mb Release : 2013-04-08 Category : Law ISBN : 9789067049092
This book accounts for over 25 of the most influential cases in international sports law, as written by some of the leading authorities in the area. Authors from Europe, the United States, Australia, South Africa, Canada and New Zealand trace the evolution of this emerging discipline of law through an analysis of individual cases, as discussed under a number of key debates and themes in contemporary sports law, including: the “public” nature of legal disputes in sport; player employment mobility litigation; doping and the spirit of sport; TV rights holding proceedings; and enduring themes in sports law such as on-field violence, spectator safety, animal welfare and gender equality. Valuable for sports law academics, arbitrators and practitioners, sports administrators and governing bodies, but also for students (postgraduate and undergraduate) and all those with an interest in international sports law.
Regulating Bodies offers the first global history of protective policies in elite sports and asks how far we are willing to go in the name of sporting excellence.
The Tokyo Olympic Games are likely to feature the first transgender athlete, a topic that will be highly contentious during the competition. But transgender and intersex athletes such as Laurel Hubbard, Tifanny Abreu, and Caster Semenya didn’t just turn up overnight. Both intersex and transgender athletes have been newsworthy stories for decades. In Sporting Gender: The History, Science, and Stories of Transgender and Intersex Athletes, Joanna Harper provides an in-depth examination of why gender diverse athletes are so controversial. She not only delves into the history of these athletes and their personal stories, but also explains in a highly accessible manner the science behind their gender diversity and why the science is important for regulatory committees—and the general public—to consider when evaluating sports performance. Sporting Gender gives the reader a perspective that is both broad in scope and yet detailed enough to grasp the nuances that are central in understanding the controversies over intersex and transgender athletes. Featuring personal investigations from the author, who has had first-person access to some of the most significant recent developments in this complex arena, this book provides fascinating insight into sex, gender, and sports.
Playing With the Boys by Eileen McDonagh,Laura Pappano Pdf
Athletic contests help define what we mean in America by "success." By keeping women from "playing with the boys" on the false assumption that they are inherently inferior, society relegates them to second-class citizens. In this forcefully argued book, Eileen McDonagh and Laura Pappano show in vivid detail how women have been unfairly excluded from participating in sports on an equal footing with men. Using dozens of powerful examples--girls and women breaking through in football, ice hockey, wrestling, and baseball, to name just a few--the authors show that sex differences are not sufficient to warrant exclusion in most sports, that success entails more than brute strength, and that sex segregation in sports does not simply reflect sex differences, but actively constructs and reinforces stereotypes about sex differences. For instance, women's bodies give them a physiological advantage in endurance sports, yet many Olympic events have shorter races for women than men, thereby camouflaging rather than revealing women's strengths.
Gender Diversity and Sport by Gemma Witcomb,Elizabeth Peel Pdf
This timely and urgent text presents cutting-edge research exploring the complexities of barriers to inclusive access to sport and physical activity, and discusses how sport, and society, can move forward beyond the gender binary, in both theory and practice. Sport is one of the most influential, powerful, and visible institutions upholding the gender binary, even as the number of people identifying as transgender and non-binary increases rapidly worldwide. With this rising visibility, societal pressure has been increasing for the equal acceptance of gender diverse people, but while gains have been made in many areas, the participation of intersex, trans and non-binary people in sport remains harshly contested. Bringing together a world-leading team of established and emerging scholars from the UK, USA, and Australia, this collection presents an interdisciplinary analysis of current issues related to the participation of gender diverse individuals in sport and physical activity. Engaging with psychological ideas around identity, prejudice and discrimination, and sports psychology and performance, authors examine evidence that the rules, regulations, and practices that surround physical activity participation – from elite sport to sport in schools, universities, and society at large – are grounded in heteronormative, cisgendered, and sexist practices which unfairly discriminate against gender diverse people. Also including analysis of personal accounts from non-binary and transgender athletes from a range of sports, this is fascinating and essential reading for education, health, and sports professionals who work with and support gender diverse children and adults, as well as academics and students in the fields of psychology, sport psychology, sociology, law, and sports science, and those participating in, and navigating, sport and physical activity spaces.
Justice for Trans Athletes by Ali Durham Greey,Helen Jefferson Lenskyj Pdf
Bringing insights from sociology, philosophy, science and law, contributors present cogent analyses of these developments and explore the way forward, providing thoughtful and original recommendations for changes to policies and practices that are inclusive, innovative and democratic.
Arbitration at the Olympics:Issues of Fast-Track Dispute Resolution and Sports Law by Gabrielle Kaufmann-Kohler Pdf
What does an athlete do when she is not allowed to take the start of the Olympic finals because of a positive doping test or he is not allowed to compete at the Games for reasons of nationality? He or she brings the case before the ad hoc Division of the Court of Arbitration for Sport, an arbitral body first created on the occasion of the 1996 Games in Atlanta, which is present on site and resolves all disputes within 24 hours. Written by its former President, who teaches and practices international dispute resolution in Geneva, Switzerland, this book tells the story of the ad hoc Division from Atlanta to Sydney over Nagano. It gives an account of the cases resolved, discusses the Arbitration Rules, and explains the practical operation of the Division. It also reviews all the main arbitration law issues which the Division faces, including jurisdiction, arbitrability, due process, the choice and proof of the applicable substantive rules, the remedies against the award, as well as some sports law issues, such as field of play rules or strict liability for doping offenses. The wealth of information it contains makes this book an indispensable tool for all involved or interested in sports law and dispute resolution. Many of its developments go beyond the sports context and are of general interest to all arbitration practitioners.
