Volume 02 Issue 12-2022
1
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
01-03
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
An analysis of the grounds for the emergence of international sports legal relations is presented in this article.
KEYWORDS
International legal regulation, sports legal relations, conventions, international treaties.
INTRODUCTION
International legal relations in the field of sports are
shaped by legal facts, just like any other legal
relationship. As defined by the rule of law, legal facts
are events and actions associated with the emergence,
change, or termination of legal relationships.
In civil law, for instance, the right to inherit arises after
the death of the owner of the property, and full legal
capacity comes with adulthood. What are the possible
reasons for international legal relations in sports?
In the first place, international legal norms are created
and their implementation leads to the emergence of
international legal relations in the sports field as a
result of legal facts. There are a number of legal norms
that entail the emergence of international legal
relations, including the following.
Norms that are negotiated between subjects of
international
law.
Consistency
and
mutual
conditionality of the parties' wills are the hallmarks of
contractual norms. International treaties are both
normative acts and legal facts, which express the
specificity of international law, in which its subjects are
both creators of legal norms and participants in
specific legal relationships.
Research Article
INTERNATIONAL SPORTS LEGAL RELATIONS AND THEIR ORIGINS
Submission Date:
December 01, 2022,
Accepted Date:
December 05, 2022,
Published Date:
December 10, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue12-01
Rakhmonov Jaloliddin Akmalovich
Lecturer At Tashkent State University Of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 02 Issue 12-2022
2
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
01-03
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
Norms derived from international law. An example of
such a norm can be found in Ancient Greece's tradition
of ceasing hostilities during the Olympic Games (1). To
hold international sports competitions, it is customary
to obtain government guarantees from the
governments of states.
International
organizations
are
traditionally
considered intergovernmental organizations, and their
decisions create legal norms.
As a rule, procedural and technical decisions create
rules binding on members of this organization (for
example, UN Charter Article 21).
Organizational resolutions concerning technical issues
contain the so-called rule-making elements - elements
of legal and technical regulation that are mandatory for
contracting states; the General Assembly shall
establish the rules of procedure to be observed by the
Organization's member states. The UN Charter directly
indicates that the decisions of the UN Security Council
are binding on the most important issues of
international relations (for example, Article 25 of the
UN Charter notes the binding nature of the Security
Council's decisions). An international legal relationship
emerges because of decisions that create norms,
which are governed by the general principles and
norms of international law (for example, the 1961
Declaration on the Granting of Independence to
Colonial Countries and Peoples).
Norms of a recommendatory nature can serve as the
basis for establishing international legal relations.
According to the general theory of law, advisory norms
may cause legal relations. It is also possible for
international legal relations to emerge from advisory
norms created by the decisions of international
organizations that have the right to make
recommendations to their members on a certain range
of issues.
As a rule, recommendatory norms are not binding in
nature, they do not contain prescriptions, but
permissions, and thirdly, if two or more states agree to
comply with a certain recommendation, legal relations
arise between them, which determine the rights and
obligations of the parties. According to Article 14 of the
UN Charter, for example, if the UN General Assembly
recommends to states X and Y certain measures for
peacefully resolving a dispute or situation, and these
states accept this recommendation, then the latter
find themselves in a legal relationship based on a
recommendation. Such a legal relationship is not based
on a recommendation made by an international
organization, but on the agreement of the parties to
abide by that recommendation.
Legal facts in international law include decisions of
international organizations, international courts, and
arbitrations. Court decisions are binding and cause
specific legal consequences - the obligation of the
parties to follow them. Consider the International
Court of Arbitration for Sport at the IOC in Lausanne
(Switzerland) and the European Court of Human Rights
in Strasbourg (France) for example.
Other normative non-legal acts should also be
considered legal facts.
Lastly, the legal facts that can cause the emergence,
change, termination of legal relations in the sports field
should include the facts of the emergence or
disappearance of a subject of law, such a legal fact
might extend a particular legal norm to any category of
persons, particular persons, territories, etc. Other
classifications of legal facts developed by the general
Volume 02 Issue 12-2022
3
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
01-03
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
theory of law can be applied to international sports
cooperation.
A subject's rights and obligations can be established,
changed, or terminated based on legal facts. The
signing of an international agreement in the field of
sports activities, the introduction of amendments and
additions by signing protocols, the denunciation of an
agreement by any party, and actions or events can
constitute legal facts. International legal relations in
the sports field are established, changed or terminated
by actions. It is possible, however, for legal fact-events
to act as such. For example, natural disasters can halt
the Winter Olympics or the Games of the Olympiad.
Legal facts can vary depending on the number of
entities involved (recognition of the International
Olympic Committee by the Swiss Federal Council as an
international non-governmental organization with
legal status in Swiss territory), bilateral (concluding
bilateral or multilateral international sports treaties),
or multilateral (concluding bilateral or multilateral
international sports treaties).
There are simple and complex legal facts based on the
number of legal facts that can cause legal
consequences. In the first case, one legal fact causes
consequences, but in the second case, a set of legal
facts is needed for the onset of legal consequences -
for example, in order for an international sports treaty
to enter into force, it must be signed, ratified, and
deposited with a specific number of instruments of
ratification with the depository.
Legal facts can be created either by lawful actions by
subjects or by illegal actions - international crimes, for
example, an act of aggression, or international
offenses (torts) - violations of international treaties by
states that do not pose a threat to peace. Lawful
behavior of subjects of law is the basis of most legal
facts in the sports field. Non-compliance with the
UNESCO International Convention against Doping in
Sport of October 19, 2005 can produce legal facts of
the second type.
REFERENCES
1.
Kun N. A. Myths of Ancient Greece. - M: Eksmo,
2009
