Relations in society today are regulated by one rather complex and extensive category, which has the name "law". The existence of this phenomenon was due to the development of social formations. The gradual transition of mankind from tribal associations to state ones entailed the need to create a mechanism that would become the main regulator of the internal processes of such structures. This category has been created. Its competitiveness has been proven to be extremely effective in coordinating relations of completely different directions.
Moreover, law throughout human history has been constantly evolving. Today it is a real system, which includes different inherently legal branches. Moreover, law is not the same on the whole planet. The economic, historical and ethnic characteristics of each state strongly influence the legal category. Nevertheless, the international sphere is now becoming increasingly relevant. After all, most types of human activity began to increasingly reach the world level.
A great example is sports. Today, competitions in various sports are not only a struggle for victory and primacy, but also a delicate political game, the features of which are used by many states. Therefore, this area of human activity is regulated by a special branch of law, namely sports.
International regulatory industry: concept
International sports law is one of the branches of the classical international sphere of coordination. Therefore, consideration of the category must begin with an analysis of its origins. International law did not always exist, but it is a truly ancient industry. In theory, it is a combination of legal norms and legal relations regulated by them, in which there is a foreign element.
There are also other views on the problems of this industry. For example, some scholars view international law exclusively as a set of special normative acts, in which there are sovereign states. The development of the presented industry began a long time ago, because diplomacy was already known at the time of Ancient Egypt, Greece, Rome, etc. The agreements concluded between the ancient states became an example of the first international legal relations. As for modernity, in the 21st century the industry is divided into several separate parts. This is due to a number of rather specific features.
What caused the division of the international industry?
Sports 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 a little ahead, it should be noted that sports law is a group of interconnected 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;
- the 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 a new area of human activity.
Thus, the development of a new industry or sub-industry is possible if it is relevant to the international community. In this case, sports law is an example of an industry, the level of popularity and demand of which is growing today. Therefore, the presented regulatory sphere can be considered as an independent phenomenon.
The concept of sports law
So, above we examined the key features of the international legal industry as a whole. In this case, a logical question arises as to what constitutes 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 govern public relations in the field of sports. A key factor in this interaction of society is its international character. That is, we are not talking about sports in the context of one country, for example Russia, but about activities that combine the interest of a large number of different states.
What is international sports activity?
Any legal industry regulates human work in a certain area. Sports and sports law is a system of legal norms. This indicates the direction of its regulation, the key object of which is international sports activity. This category includes a lot of relatively independent moments. In other words, international sports can be represented as:
- work in the field of sports of states, organizations, individuals;
- participation of general international formations, for example, the UN in sports movements;
- holding competitions, events, conferences, symposia;
- holding the next Olympic Games;
- obtaining foreign investment for the sports sector, as well as providing such subsidies to other states;
- commercial activities in this area;
- tax relations in sports, etc.
The subject of legal regulation
Analyzing all the above statements, we can conclude that the subject of the sports industry is the relationship that arises in the process of world-class sports activities. But the features of this sphere of regulation are manifested not only in the structure of its subject. Of great importance are the principles and system of sports law.
Industry structure
Any legal sphere of regulation is a system in its essence. In this fact, the principle of effective coordination of public relations with jurisprudence as a whole is concluded. In this case, sports law is no exception to the rule. His system is divided into institutions and individual norms. In this case, we cannot talk about the sub-sector of SMEs, because it itself is part of international law. A characteristic feature of the sports industry system is its openness. In other words, 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, due to the presence of several groups. The sports school of law has some general principles, the structure of which includes the following fundamental provisions, namely:
- the principle of good faith performance of obligations;
- provision on respect for human freedoms;
- the principle of unification of norms and institutions of SMEs;
- principle of universal technologization.
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 that reflect all the specifics and essence of the category presented in the article. Initial provisions of this kind govern specific relationships related to:
- the holding of the Olympic Games;
- training activities;
- the development of SMEs and world sports, etc.
Thus, due to these principles, international sports law exists as an independent industry. Moreover, its exceptional character is also due to the presence of other special categories in the structure of SMEs.
Legal Regulation Method
International, Russian sports law and similar branches of other states are united by the fact of the presence of certain techniques and methods by which the regulation of public relations is carried out. In theory, this is called the legal coordination method. In SMEs, regulation is carried out through targeted impact on athletes, organizations and other industry entities. The set of methods is quite wide and includes:
- decentralized and centralized management ;
- subordination, coordination of interests of individual parties;
- hard and soft regulation.
It should be noted that in most cases the method of bilateral impact on the participating states is used. In other words, initiative is allowed, but subject to the rules generally accepted in the sports community.
Industry sources
The study of any existing branch of law is impossible without an analysis of its sources. International sports law is characterized by a certain duality in this matter. The entire system of sources is divided into a domestic and international legal group. In the first case, we are talking about the national legislation of the subjects of regulation of SMEs, legal customs, judicial precedents in these countries. Thus, the source in this case is recognized as the totality of the legal norms of individual powers. International legal sources are more specific. After all, they contain rules governing relations that are directly within the competence of SMEs.
International Sources
To date, theorists distinguish four forms of SMEs. This directly applies to:
- international agreement;
- customary international law;
- acts of sports organizations;
- judicial precedents of international instances.
The presented sources are born in the process of the general activity of SMEs. For example, the rights of a sports federation of any type allow it to adopt certain acts on issues of internal organization or external interaction. If the structure is international in nature, then the issued act is a reference and is automatically equated to the source of the SME.
Conclusion
Thus, international sports law is an independent, fully formed structure today, which has its own system and method of regulatory regulation. Its development must be continued, because world sport is constantly evolving in the 21st century.