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采用文献分析法分析了国际体育仲裁院(CAS)在全球体育法律体系中扮演的关键角色,旨在阐明全球体育法的制度产生根源。CAS将法律的一般原则适用于体育机构,并且不断创造专门的“体育原则”。CAS在解释体育法方面影响和调节着体育机构的规则制定。CAS在全球体育法创设过程中的第三项功能是规范性调和,这种形式的规则创制通过上诉程序得以实现。CAS经过最初的艰难岁月,到不断扩张其管辖权,最后被所有体育机构如IOC,WADA,Ifs等视为体育领域的最高法院。通过其裁决,CAS为全球体育法的形成做出了至关重要的贡献,CAS已经成为名副其实的全球体育法的缔造者。
The paper analyzes the key role played by the International Sports Court (CAS) in the global sports law system with the aim of illustrating the root causes of the system of global sports law. CAS applies the general principles of law to sports organizations and constantly creates specialized “sports principles.” CAS has influenced and regulated the rules and regulations of sports organizations in explaining sports law. The third function of CAS in the creation of the Global Sports Law is normative reconciliation, a form of rulemaking that is realized through the appeals process. After its initial difficult years, CAS continued to expand its jurisdiction and eventually was recognized as the highest court in the field of sports by all sports organizations such as IOC, WADA, Ifs. Through its ruling, CAS has made a crucial contribution to the formation of a global sport law, and CAS has become the true founder of the global sports law.