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50 Brook. J. Int'l L. 1 (2024)

handle is hein.journals/bjil50 and id is 1 raw text is: HUMAN RIGHTS FORUM SHOPPING IN TRANSNATIONAL SPORT DISPUTES By Ilias Bantekas* INTRODUCTION The emergence of lex sportiva is hailed alongside the so- called specificity of sports law as the benchmark of a field of regulation that favors private institutional rules, with the state chiefly observing legal developments.1 While this state of affairs has served to forge the transnational character of sports law, particularly as regards contracts, dispute resolution and the corporate governance of sport governing bodies (SGBs), it has equally taken away the spotlight from attendant human rights considerations. Fundamental human rights concerns in the field of sport are usually associated with labor rights and human rights abuses by host states to mega-sporting tournaments, as well as corruption in the bidding and post- bidding processes.2 Increasingly, claims with a human rights nexus are escalated to a regional human rights courts, with particular reference to the limited sports-related case law of the European Court of Human Rights (ECtHR).3 Yet these are not * Professor of International Law at Hamad bin Khalifa University (Qatar Foundation) and Adjunct Professor of Law at Georgetown University. 1. See Antoine Duval, Transnational Sports Law: The Living Lex Sportiva, in THE OXFORD HANDBOOK OF TRANSNATIONAL LAW 493 (Peer Zumbansen ed., Oxford Univ. Press 2021); see also Leonardo Casini, The Making of a Lex Sportiva by the Court of Arbitration for Sport, 12 GER. L. J. 1317, 1317 (2011). Both articles emphasize that the particular status of the institutions forming the international sports order renders its regulatory ambit transnational in nature, albeit in synergy with national laws. 2. See Mikhail Reider-Gordon, Money Laundering, Corruption, and the World Cup: In the Wake of Brazil 2014, 21 Sw. J. INT'L L. 97 (2014) (discussing specifically allegations of corruption in Brazil's bidding process for the 2014 FIFA World Cup and manipulation of ticket prices and hospitality arrangements); see also ANDREW SPALDING, A NEW MEGA-SPORT LEGACY: HOST COUNTRY HUMAN RIGHTS AND ANTI-CORRUPTION 85-6 (Oxford Univ. Press 2022). 3. On the right to a fair trial before specialized sporting judicial and quasi- judicial entities, see generally Mutu v. Switzerland, App. Nos. 40575/10 & 67474/10, Judgment (Oct. 2, 2018) (holding that CAS proceedings amounted to compulsory arbitration, which in turn was obliged to provide all the procedural safeguards enunciated in Art 6 ECHR, including the right to a public hearing).

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