خلاصة:
With the rise of importance of sport as a social phenomenon in recent decades, more public attention has been paid to
the issue of the legal nature of the rules governing social relations in sports. The issue raised above are only a part of
a much broader topic that involves questions of relations of a classical Westphalian state and changes in the
international community as well as issues of the essence and manifestations of law. The traditional theoretical
approach, based on the principles of Westphalian sovereign state and state centralism, does not allow the possibility
of existence of sports law because the law does not exist outside of the state. The modern theories of legal pluralism
represent a different approach and see one of the most powerful examples of non-state law in sports law. If the
concept of the existence of sports law is accepted, it is important to determine its contents. From temporal and
quantitative distance, sports organizations are autonomous and main creators of the rules of conduct in sport.
However, since the second half of the 20th century the state has had bigger and more important role in the regulation
of sport.
ملخص الجهاز:
"In contrast to the traditional approach, the modern theory of legal pluralism argue that codes of conduct issued by the international sports organizations have the character of legal norms as part of a separate legal system that is independent of the state.
The crisis of the Westphalian system of sovereign states and popularity of the theory of legal pluralism that accept possibility of existence of non-state law give special importance to the autonomous regulation of sport by the sport organizations.
Siekmann (14), also rises doubts on the original use of the term by the aforementioned author, stating that according to his research, Michael Stathopoulos president of the International Association of Sports Law (IASL) used the term lex sportiva: in ‘Proceedings of the IASL Fifth Congress held from 10 to 12 July 1997.
With the further development of sports law over time, the term lex sportiva has gained wider meaning and became for many authors a collective name for various forms of legal rules of behaviour in sport, more precisely becoming extremely simplified motto (4), with the task to present an independent branch of law in the simplest way.
e. , the possibility of confusion arises from the generalization of the term global or transnational at all areas of sports law, which might lead to the neglecting of the public segment of sports law – the legal norms of national legislation and public international law that are the product of states and international governmental organizations.
CONCLUSION The author suggests the use of the term sports law to denote the totality of rules of conduct that regulate given social relations in sports."