1,721,032 research outputs found
Sustainability and sport, turning challenges into opportunities
No full textSports organisations began to think about and engage with the challenges of sustainability much earlier than the adoption of 2030 Agenda for Sustainable Development (A/Res/701), which identified sport as an important actor in the realisation of development and peace (pt. 37).
Since 1994, there was a call for the inclusion of a provision in the Olympic Charter
emphasising the Olympic Movement's concerns to preserve the environment. This led to the inclusion of a clause on the environment and sustainable development in the 1996 Olympic Charter, confirmed (with variations) in subsequent Olympic Charters. International sports organisations renewed their commitment to foster and promote environmental sustainability by adhering to the UN Sport for Climate Change Framework, aimed at bringing together sports federations, organisations, teams, athletes and fans in a concerted effort to achieve the goals of the Paris Agreement. In this regard, the Olympic Agenda 2020 is emblematic: here sustainability is considered as one of the three pillars alongside credibility and youth of IOC’s strategic roadmap.
The results of the Agenda 2020 led the IOC to draft a new Agenda (named Agenda 2020+5) as a new roadmap determining the IOC and Olympic Movement until 2025, keeping in mind that sport and the value of Olympism can play a key role in turning challenges into opportunities
L’identità personale. Problemi giuridici e prospettive filosofiche
No full textUna disamina del concetto di identità personale considerato tanto secondo una prospettiva giuridica, quanto una psico-dinamica così come una filosofic
Nuove forme di promozionalità? La Nudge Theory
No full textLa Nudge Theory si presenta come teoria politico-economica innovativa: è veramente così o, invece, si tratta di una riproposizione di forme di promozionalità? Una breve disamina della teoria con considerazioni critiche dal punto di vista giusfilosofic
Exploration of the internal logic and development trend of the relationship between sustainability and sport under the Olympic system’
No full textWith the advancement of global social concepts and the enhancement of sustainablity awareness, sustainability has increasingly become prominent in the sports field. Especially after the introduction of the Olympic Agenda 2020, sustainability has successfully become one of the three core pillars of the Olympic Movement, profoundly influencing the development landscape of modern sports. Taking the practical achievements and evolutionary context of sustainable policies within the Olympic institutional framework as the entry point, this paper combines the active responses of international sports federations, national Olympic committees, and relevant institutions to sustainable development goals. Through multi-faceted case studies, it systematically analyzes the potential problems in the sports sustainability system. The current Olympic institutional framework still has obvious deficiencies in aspects such as the collaborative mechanism for the sustainability of natural and human resources, the balanced development of sustainable regions, and the contradictions between sustainability and event hosting. Correspondingly, it proposes establishing a sustainable development support system, emphasizing the need to create a dynamic balance system for the sustainability of natural and human resources, and promoting the development of global sports events towards a more green, efficient, and sustainable directio
Il diritto alla vita nelle Dichiarazioni Universali e nei Trattati internazionali sui Diritti dell’Uomo,
No full textcritical analysis of right to life, as ruled by international Treaties[...
The overlap between Italian state legal system and sports legal system. The 2023 Juventus FC case
No full textThe paper would like to deepen the legal issues caused by the overlap of competence between Italian state legal system and sports legal system. Legal critical issues that persist despite the division of juridical competence between the two legal orders made under Law 17 October 2003, n. 280
The analysis of such legal issues begins by outlining the distinctive features of sports legal systems and of the state legal order; then, there will be a brief resuming of law 280/2003 provisions; finally, the analysis of 2023 Juventus FC case will highlight some legal issues not solved by law 280/2003.
The analysis of the last Juventus FC case reveals how the strict discipline put in place by the FIGC with regard to the economic management of clubs can generate a kind of regulatory short-circuit. On the one hand, in fact, there is a precise competence of the state to regulate economic issues; on the other hand, there is the claim by sports legal system to also regulate the economic management sphere, recognising how an incorrect management could alter the competitive balance and, therefore, constitute a genuine sports offence, or rather a sports fraud. Which of them prevails? The state legal system with its significantly slower jurisdictional times? Or sports legal systems, certainly faster, but lacking its own means of acquiring evidence?
The deepening of such legal issues could lead at suggesting amendments of state and sports rules, as well as at improving a coordination between the two legal orders, especially in those matters, governed by both legal system
Doping
No full textUna disamina della fattispecie doping, sviluppata secondo una prospettiva giusteoretica: la sola che, grazie all’opera di astrazione concettuale, di individuazione di soggettività e beni posti in questione, possa sottrarsi al rischio di una rapida obsolescenz
Gli eSports: il fantasma che avanza
No full textUna breve riflessione sugli eSports: quale la loro storia? quale l'evoluzione? è possibile riconoscerli quali sport a tutti gli effetti
Some consideration about sport as intrinsically ethical activity
No full textAlmost all scholars depict sport as an activity, characterised by an intrinsic ethical feature. This distinctive feature gives rise to some issues, both in international and/or state legal system and in sports legal systems. The first ones highlight the value of fair play, considering it as the true pillar upon which structuring sport. An in depth analysis shows some issues. What is fair play in a state and/or international legal system? Is it the mere respect of state and/or international norms on sport? Is it more? In the first case, what is the true difference between fair play in sport and the obligation to respect legal norms? In the second case, how can we introduce such “more” in a state and/or international legal system? How can we rule such “more”? Sports legal systems establish themselves as ethical legal systems, because of their Grundnorm, namely the ensuring of fair competition. Thus, they structure and organise themselves in order to ensure the compliance with a single absolute principle, up to the recession of the protection of individual rights. However, some issues arise when we consider the unavoidable overlap of regulatory competences between these different legal systems is considered. Which of them prevails?
Almost all scholars depict sport as an activity, characterised by an intrinsic ethical feature. This distinctive feature gives rise to some issues, both in international and/or state legal system and in sports legal systems. The first ones highlight the value of fair play, considering it as the true pillar upon which structuring sport. An in depth analysis shows some issues. What is fair play in a state and/or international legal system? Is it the mere respect of state and/or international norms on sport? Is it more? In the first case, what is the true difference between fair play in sport and the obligation to respect legal norms? In the second case, how can we introduce such “more” in a state and/or international legal system? How can we rule such “more”? Sports legal systems establish themselves as ethical legal systems, because of their Grundnorm, namely the ensuring of fair competition. Thus, they structure and organise themselves in order to ensure the compliance with a single absolute principle, up to the recession of the protection of individual rights. However, some issues arise when we consider the unavoidable overlap of regulatory competences between these different legal systems is considered. Which of them prevails
What does the Kamila Valieva case teach us? Some considerations about the new WADA regulation on protected persons
No full textKamila Valieva is a famous and excellent figure skater of the Russian Olympic Committee who participated in the last Winter Olympics with excellent chances of victory in the single and team competition. At the time of the Olympic Games she was 15 years old and, as such, according to the regulations of figure skating, she could participate in senior competitions, because she would turn sixteen in the calendar year.
As is well known, she underwent to an in-competition control test during the Russian Figure skating championship, held from 21 to 26 December 2021 in Saint Petersburg. There was no further communication about the outcome of such control test on the collected sample until 7 February 2022. On such day, she competed in the Team event Women’s Single Skating – Free Skating as member of the ROC team (placed first).
Only on 8 February 2022 the head of the Results Management Department of the RUSADA notified the athlete that Results Management Process initiated due to a potential anti-doping rule violation, consequently provisionally suspending the skater. She (better her representatives) filed an appeal to the TAS ad hoc division, established for the Olympic Winter Games. In this regard, the TAS recalls that it was not necessary to assess whether Valieva had infringed the anti-doping rules, but whether it was correct to withdraw the provisional suspension pending the substantive proceedings. Thus, without entering into merit of the alleged violation of anti-doping rules, the TAS ordered the withdrawal of the suspension from competitions, considering that the suspension could harm the athlete, also recalling judicial precedents in this regard. In its judgment the TAS recalled many times her status of protected person, according what stated by Appendix 1 of the 2021 WADA Code.
Following the TAS judgment, the IOC decided to allow participation of the Russian figure skating to competitions, but, in case of achievement of medal result, there will be no award ceremony, replaced by a private delivery of medals.
This complex event highlighted some critical aspects of the new regulation put in place by the revision of the WADA Code. It is important to remember that this revision has occurred also because of obvious voids in the discipline of doping, particularly in cases where there is the involvement of underage athletes, for which there was no protection or consideration of their essential legal incapacity: in fact, they were considered responsible like adults in the event of a positive finding in doping controls, with the sole provision of more stringent protection of their privacy, as well as the provision of the opening ex officio of investigations against adults members of their staff. An obvious criticism, considering precisely their intrinsic legal incapacity. In this sense, the identification of the category of protected persons, described in Appendix 1, for which the WADA Code provides a flexible sanction regime, would seem to have filled this void, providing for a less stringent evidentiary regime, in the event of a positive finding at doping controls. Where protected persons are those individuals who do not have legal capacity according to the applicable national laws (hence not only minors). This regulatory solution is certainly more respectful of the legal status of minors, but, in the light of the facts, still unsatisfactory, opening spaces for further issues. In fact, quid ius when such athletes compete in senior categories? Is there not a clear disparity in the treatment of adult athletes and underage athletes, belonging to the protected category? What about, then, the void of guarantee of athletes' right to a fair competition, which requires a balance of performance capabilities? What could be acceptable regulatory solutions?
Certainly, the events of Kamila Valieva highlighted some legal issues of the sport regulations against doping, but also raised an important ethical issue of general order, such as the beginning of the competitive activity of athletes in childhood, in view of achieving brilliant results in competitions. This is an issue on which, with the increase of cases, sports organizations intervened gradually, raising from time to time the minimum age for access to senior competitions (we recall, for example, the raising of the minimum age in gymnastics competitions, which was moved to 15 in 1980 and up to 16 in 1997; such as the move to a minimum of 15 for diving, after the 13-year-old Fu Mingxia won the Barcelona Olympics). Therefore, beyond the regulatory expedients, these latter events reopen and make current a reflection on sport: if the competition is inherent in it (and it cannot be otherwise), how far can we go so that the quest for victory does not become its only distinctive element
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