The Basic Legal Issues of International Sports Organization from the View of Legal Pluralism
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Graphical Abstract
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Abstract
International sports organization plays an important promoting role in international sports law and international sports practice.However, the deficiency in relevant legal basis limits the further function it's creative to explore the legal basis of international sports organization by applying the traditional international law theory and the“autonomous global sports law theory”.The evolution about terms and concepts of international sports law reflected the international sports organization's function on international sports law order, and as a result, a distinguishing theory—the“autonomous global sports law theory”established.Analyzing the juridical personality according to the traditional international law theory, intergovernmental sports organization has the qualification of subject of international law;the non-intergovernmental sports organization has not the qualification of subject of international law, which only belongs to the domestic legal person.However, according to the“autonomous global sports law theory”, international sports organization has the qualification of subject of“global law”.On the basis of the traditional international law theory, the attribute of international sports organization's“internal law”belongs to“international soft law”, but belongs to independent“global law”in accordance with he“autonomous global sports law theory”, the“sources theory of international law”, which leads into the concept of“international soft law”, appears to be more mature and comprehensive.
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