Lex Sportiva, FIFA's Exclusive Arbitration Clause and the Nigerian Constitution: Where does the Supremacy Lie?
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Date
2022-04
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Volume Title
Publisher
GNLU Journal of Law, Development and Politics
Abstract
A
bstract-This paper interrogates the viability of the
concepts of Lex Sportiva and sports law as legal realities
founding the existence of FIFA and CAS. It then proceeds to
engage the tension created between FIFA's exclusive arbitration
clause rule operative on its members and the sovereignty of the
state's judicial power as enshrined in the Nigerian Constitution
to resolve all disputes within the country's territory without
exemption. Finally, the tension is resolved through careful
analysis of the theory of the private mode of governance and the
capacity of the state constitution to allow for the accommodation
of such governance practice.
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Citation
2022 GJLDP (12) 1 Page 000