Extraterritorial Application of Sports Law:International Challenges and China’s Response
-
Graphical Abstract
-
Abstract
In recent years, the United States, the European Union and other countries and regions have successively introduced sports legislation with extraterritorial application effect, which has aroused many worries of international sports organizations.Furthermore, the practical difficulties of the presumption against extraterritorial application promotes the U. S. to adopt long-arm jurisdiction legislation, ignoring the potential conflicts as to different countries' jurisdictions for sports. Responding to this international challenge, it is necessary to accelerate the construction of the extraterritorial application system of China's sports law,which covers three levels: The direct application of Chinese sports laws to foreign-related cases, the extraterritorial transmission of Olympic protection rules, and the right to speak in the rule of law of international sports. On the basis of respecting international treaties and international customary law, to establish the extraterritorial application system of Chinese sports law, it is necessary to create extraterritorially applicable clauses in sports legislations, to improve the implementation system of extraterritorial application of China's sports law, and to participate in the formulation and improvement of international sports legal rules.
-
-