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Gender, Athletes' Rights, and the Court of Arbitration for Sport
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.
Emerging Drugs in Sport
Athletes are always aiming to be faster, better, stronger. New techniques to enhance their sporting performance have increasingly been linked to use of novel psychoactive substances (NPS) and other hard-to-detect substances like performance-enhancing drugs. This book offers a timely analysis of the new challenges posed by this phenomenon in the anti-doping community. The authors present the first comprehensive perspective on the rapidly shifting doping scenario and reflect on use, regulation, policy, and market structure of NPS used in sports. They highlight the challenges with the list of prohibited substances and methods in and out of competition. They also evaluate how methods to detect n...
FIDIC Contracts in Europe
FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. FIDIC Contracts in Europe: A Practical Guide to Application provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are used. This book closely follows the format of The International Application of FIDIC Contracts, with the addition of an outline of the construction industry and information on the impact of COVID-19 on both the execution and operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.
Arbitration in the 36th America's Cup
More than the most prestigious regatta and match race in the sport of sailing, the America’s Cup is a test of boat design, sail design, and management skills. It is not surprising that its passionate skippers, builders, and managers often become embroiled in disputes. Recognizing this, and the need to deal quickly and professionally with any divergency, an arbitration panel has become an established part of the Cup’s organization. This book—the fifth of a series that over time constitutes a unique corpus of decisions rendered over more than twenty years—compiles all the directions and decisions issued by the 36th America’s Cup Arbitration Panel in the context of the nineteen cases ...
ESG and Disputes
ASA Special Series ‘We must measure what we value, not just value what is simple to measure.’ This statement from the US White House encapsulates the global trend dubbed ESG – an insistence on attending to the natural environment, social values, and responsible governance in business affairs. A salient aspect of this trend is the ‘explosion’ of human rights and environment-related disputes that have come to the fore on the international legal landscape. In this timely and crucially important volume, distinguished jurists, representatives of governments and NGOs, and in-house counsel identify and analyse the sources of ESG-related litigation and arbitration, providing an extensive t...
Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights
This book provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries. The first part of the book examines the consistency and compatibility of transactional resolutions of antitrust proceedings (such as settlement procedures, leniency programmes and commitments) with due process and the fundamental rights of the parties. This is a particularly important topic, given the widespread adoption of these procedures by anti-trust authorities worldwide. The individual chapters consider how the leniency, settlement and commitments procedures have developed across a range of jurisdictions, and discuss...
Doping in Sport and Fitness
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.
Yearbook of International Sports Arbitration 2018–2020
The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS), and national courts significant international and domestic between 2018-2020. It is a must-have for sports lawyers, arbitrators, and researchers engaged in this field. From the ECtHR's landmark ruling in the Mutu & Pechstein case, through the Russian doping scandal, to the first Sun Yang award, it features in-depth artic...
Country Perspectives
Switzerland’s Journey in the “Unlocking IP-backed Financing Series” gives an account of Switzerland’s financing journey, the initiatives and the challenges faced, as well as the next steps to improve access to financing to commercialize Swiss innovation.
Africa's International Investment Law Regimes
"Decolonization restored African states' sovereign independence. The post-colonial period was, however, characterized by major economic disruptions that resulted in chronically weakened economies. The newly independent African states faced a profound dilemma between economic liberalization and openness on the one hand, and the maintenance of regulatory autonomy on the other. Confronted with unrelenting poverty and inadequate infrastructure, African states needed direct foreign investment to boost their economies. However, most foreign investors were cautious about investing in African countries due to the perceived lack of clear and predictable legal regimes necessary to protect foreign investments from expropriation and other forms of harm"--
