Revitalising a Phantom Regime: the Adjudication of Human Rights Complaints in Sport
20th May 2019
Author - Daniel West, The International Sports Law Journal
This academic article makes two assertions. First, that the current system for adjudicating human rights complaints in sport lacks cohesion, effectiveness and credibility; it is consequently a ‘phantom regime’. Second, that the best means of addressing the accountability gap created by this phantom regime is through a closer alliance with principles of public international law. The article then examines the case for a specialist Court of Arbitration for Sport and Human Rights. In doing so, it will seek to emphasise the value of a functional adjudicatory system to the overall effectiveness of human rights protections in sport, and consider how best this objective might be achieved.
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