Global Administrative Law: The Next Step for Global Sports Law?

Abstract

This paper explores the implications of an emerging global administrative law for global sports law. It examines the theoretical underpinnings of lex sportiva as a transnational legal order and suggests that it has begun to internalize sufficient principles of substantive and procedural justice, through a process of juridification, to be able to argue for a limited immunity from legal intervention and regulation. But the increasing role of the IOC as a global regulatory body for international sport and the wider role of the Court of Arbitration for Sport is changing the character of the regulatory regime. It has become more a system of transnational private regulation. As such the development of a global administrative law, which seeks to control the private exercise of governmental type powers, is a coming challenge that lex sportiva needs to address.

Keywords: global administrative law, lex sportiva, transnational private regulation