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  • Noshadha, Sam; Duka, M. (2022): Sport sanctions in war situations under international law. 7th International Scientific Congress "Sport. Olympism. Health". State University of Physical Education and Sports of the Republic of Moldova. Chișinău, 15. - 17. September, 2022

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  • Noshadha, Sam; Kushnir, Zhanna (2021): The Doctrine of Competence-Competence (Kompetenz-Kompetenz) in International Sport Arbitration. In: Science in Olympic Sport, S. 65-74. Online verfügbar unter https://sportnauka.org.ua/en/article/?aid=575, zuletzt geprüft am 06.12.2022

     

    Abstract: Objective. In this article, the authors considered: conclusion of arbitration agreement by parties of a sport relation as a basis for sport dispute resolution via applying to an international arbitration court; concept of the “Сompetence– Сompetence” doctrine and its effects in legal practices of Canada, the United States, France and Switzerland.  Methods. This article developed based on the grounded theory to close the gap between theory and empirical research in modern sport problems. The article examines current issues of private international law, court practices, international legal acts in the field of sport, some of the judicial procedures of various countries and organizations, judicial practice of the International Sports Arbitration Courts; laws in the field of physical culture and sport, etc.  Results. Concluding arbitration agreement by parties of a sport relation is an important step before applying to international sport arbitration courts. The jurisdictional issues of a sport dispute decide according to the effects of Competence–Competence doctrine.  Conclusions. Problem is not a part of modern sport. This issue creates sport disputes. Referring a dispute to international sport arbitration is a jurisdictional intervention mechanism of dispute resolution. In this case, parties of a sport dispute need to agree on an arbitration agreement, and consider the Competence–Competence doctrine as the most important principles which its effects define jurisdiction of dispute resolution.

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  • Noshadha, Sam; Kushnir, Zhanna (2021): Doping in lex sportiva and role of the court of arbitration for sport in doping dispute resolution cases. In: Science in Olympic Sport, S. 60-75. Online verfügbar unter https://sportnauka.org.ua/en/article/?aid=594, zuletzt geprüft am 06.12.2022

     

    Abstract: Objective. In this article, authors considered to doping in sport and its challenges, doping dispute resolutions in the CAS, position of the WADA Code in current sport arena, as well as, the CAS procedural approach for dispute resolution, and analyzing some of doping dispute cases in accordance to modern sport, human rights and Olympic movement needs.  Methods. This article developed based on the grounded theory to close the gap between theory and empirical research in modern sport problems, especially doping issues. Additionally, research on private international law, court practices, international legal acts in the field of sport: Olympic Charter; the WADA Code; the Copenhagen Declaration on Anti-doping in Sport; the Swiss Civil Code (1912); the Regulations, Rules and practices of the CAS and ICAS; practices of the Swiss Federal Tribunal; the Swiss Private International Law Act; judicial practice of the International Sports Arbitration Courts; laws in the field of physical culture and sport, etc.  Results. According to modern sport, human rights and Olympic movement specifics, long-term activities of the WADA did not bring Olympic sports closer to solving the problem of doping, despite the constantly increasing financial, personnel and legal capabilities, strict sanctions, intensive propaganda activities, the manifold increased volume of testing, the most severe sanctions, the support of authoritative international organizations (UN, UNESCO, Council of Europe), have not bring Olympic sport closer to a solution for the doping problem, but it also sharply exacerbated, made it dangerous for the authorities and well-being of the Olympic movement.  Conclusions. Doping in sport, WADA Code and procedure of doping dispute resolution by the CAS, are metadisciplinary issues which need to be updated and optimized according to the specific aspects of modern sport, human rights and Olympic movement.

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  • Noshadha, Sam; Kushnir, Zhanna (2021) : The Role of Sport in Socio-Political Conceptualization: Theses of the XIV. International Conference Youths and Olympic Movement: Abstracts: International Conference Youths and Olympic Movement: Kiew, 18. - 20. Mai, S. 85-86. Online verfügbar unter https://uni-sport.edu.ua/sites/default/files/konferencya/molod_xiv_zbirnyk_traven_2021.pdf, zuletzt geprüft am 10.02.2023

     

    Abstract: Sport extensively implements the private and public aspects of people's life around the world, ipso facto, sport effects on behaviours of individuals, communities and media. Sport is considered as the main motivation of moral, economic, political, cultural, and social changes. In March 2000, the first Deputy Secretary-General of the United Nations, Ms. Louise Fréchette, in the World Sport Forum expressed that, the power of sport is far more than symbolic; you (athletes) are the engines of economic growth, you are a force for gender equality, you can bring youth and others in from the margins, strengthening the social fabric. You can promote communication and help heal divisions between people, communities, and entire nations, and also be a role model for fair play. Seventh President of the International Olympic Committee, Juan Antonio Samaranch, in connection between sport and politic said, those who say that sport in practice has nothing to do with politics are sorely mistaken. Regardless of health, economic and entertainment aspects of sport, this phenomenon (sport) has social and political consequences that affect relations between governments, and socio-political groups, inter alia, sport ties and affects concepts like national power, competition, convergence, divergence, dispute, conflict, nationalism, and national unity, as well as, sport influences on the attitude of governments and nations in relations to each other. Sport clearly has a competitive nature which may cause positive and negative elements, i.e., depending on how and for what purpose sport roles political and social forms, their natures are changeable.

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  • Noshadha, Sam; Kushnir, Zhanna (2020): Mediation as an alternative method of resolving disputes before applying to international sports arbitration courts. In: Science in Olympic Sport, S. 76-80. Online verfügbar unter https://sportnauka.org.ua/en/article/?aid=520, zuletzt geprüft am 06.12.2022

     

    Abstract: Objective. Today, one of the most important aspects in international sport contracts is how to resolve disputes with regards to understanding the inter-operation or acting agreement provision. Sport disputes infl uence speed, privacy information, investment and fi nancial security of contract performance. One of the most eff ective alternative dispute resolution ways is “mediation”, as a quick, less hassle, and cheaper dispute resolution mechanism, and the best alternative dispute resolutions before applying sport arbitration courts. In this article, diff erences between the dispute and confl ict will be discussed. The following methods will be explained: using silence technique; critical thinking skills; complex problem solving. Additionally, some practices of mediation as an eff ective dispute resolution method in sport will be provided.  Conclusion. Mediation shows a way to participate in the adversarial process without being an adversary. It requires a sport mediator to use many skills in order to help competing parties put the controversy behind them. The mechanism of mediation has diff erent regulations, processing documentation, and conditions comparing mediation before commercial or investment arbitration courts. Also, for sport mediation, the mediator needs to have professional understanding and knowledge in the specifi c area of sport. An important condition for mastering the professional competencies of a sport mediator is the presence of a mediator’s constant practice of dispute resolution. In fact, mediation as a mechanism of sport dispute resolution is a gentle way which keeps the friendly relationship between parties and, this method of sport dispute resolution follows the fundamental principles of Olympism at the Olympic Charter.

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  • Noshadha, Sam; Kushnir, Zhanna (2020): Modern sport and dispute resolution in the international arena. In: Science in Olympic Sport, S. 64-76. Online verfügbar unter https://sportnauka.org.ua/en/article/?aid=530, zuletzt geprüft am 06.12.2022

     

    Abstract: In this article, the authors consider the lack of an independent and modern dispute resolution mechanism in the area of sport relations as a sport problem; the lack of qualifi cation of sports disputes; and, the need to develop a modern mechanism for sports dispute resolution that is compatible with the current paradigm of modern sport.  Methods. This article is based on the grounded theory to close the gap between theory and empirical research in modern sport problems especially sports dispute resolution in the international arena. According to Ralph, Birks & Chapman thesis, grounded theory integrates diverse traditions in sociology, positivism, and symbolic interactionism.  Results. The authors consider the importance of modern sports in life, education, and the economy, as well as, the need to defi ne the concept of sport dispute; developing a modern mechanism for dispute resolution harmonized with the paradigm of modern sport, as the current practices of the CAS specify this necessity.  Conclusions. Choosing the correct jurisdiction for considering sport disputes and a professional institution for sport disputes resolution requires an exact defi nition of “sport dispute” and a study of the classifi cation of sport disputes. Applying international sport dispute resolution institutions developed under the UNCITRAL Model Law is one of the most common sport dispute resolution ways and, issued decision of these institutions are granted to be recognized and enforced by the States which signed the New York Convention 1958. Sport disputes have their own specifi cs and require qualifi ed arbitrators and lawyers in the fi eld of both law and sport knowledge, therefore, parties of a sport dispute are strongly recommended to apply correct sport dispute resolution institutions and choose qualifi ed arbitrators and lawyers to avoid losing their rights. The most common sport arbitration court is the CAS. The CAS experienced several reforms, but, some of the issued decisions after 2000 which many of them under the public policy are appealed to the Swiss Federal Tribunal, show proof of the necessity of developing a mechanism of sport dispute resolution, which is more updated and compatible with the current paradigm of modern sport.

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  • Noshadha, Sam; Kushnir, Zhanna (2020): Arbitration agreement in sport arbitration. In: Science in Olympic Sport, S. 63-73. Online verfügbar unter https://sportnauka.org.ua/en/article/?aid=553, zuletzt geprüft am 02.02.2023

     

    Abstract: Objective: The authors considered the need of concluding the arbitration agreement to apply to an international arbitration court for sport disputes resolution. As well as, types of arbitration agreements; the problems of applying national courts for sport disputes resolution; history and definition of the agreement; effects of the arbitration agreement and positive and negative doctrine of these effects, according to the current paradigm of modern sport are described. Methods. This article developed based on the grounded theory to close the gap between theory and empirical research in modern sport problems which needs to metadiciplinary approach for sport dispute resolution under an arbitration agreement.  Additionally, research on private international law, international legal acts in the field of sport: Code of International Sport Arbitration on November 22, 1994, Olympic Charter, European Charter for Sport, New York Convention, 1958, UNCITRAL Model Law 2006, judicial practice of the International Sports Arbitration Court, laws in the field of physical culture and sport, etc.  Results. Parties of a contract which directly or indirectly connected to sport activities need to architect and agree on method(s) of sport dispute resolution, to realize this aim, the parties need to conclude an arbitration agreement. To understand arbitration agreement, it is needed to understand the definition and history of agreement. Arbitration agreement defines scopes of sport dispute resolution, the jurisdiction of sport arbitration institution; as well as, circumstances which may affect the conditions for recognition and enforcement of awards issued by the sport arbitration courts.  Conclusions: Sport arbitration practices show that because of the existence of sport problematic and mutual rights and obligations of parties, the dispute is an inseparable part of sport. Parties of a sport contract need to architect and agree on method(s) of sport dispute resolution, to realize this aim, the parties need to conclude an arbitration agreement.  The article II of the New York Convention (1958) rules obligation of the contracting States to recognize and enforce arbitration agreements. An arbitration agreement may be concluded as a separate agreement or a clause to a contract related to sport, before or after arising a sport dispute.  There are four types of arbitration agreements and courts have relatio perfecta and relatio imperfecta approach to them.  The majority of domestic and international laws, rule the arbitration agreement to identify a “defined legal relationship”.  Therefore, parties by applying to an arbitration court according to an arbitration agreement cause two effects which they have “positive” or “negative” doctrines.

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  • Noshadha, Sam (2020) : Levels, Status and Categories of Sport Disputes: Theses of the XIII. International Conference of Young Scientists: Abstracts: International Conference Youths and Olympic Movement: Kiew, 15. - 16. Mai, S. 37-39. Online verfügbar unter https://uni-sport.edu.ua/content/xiii-mizhnarodna-konferenciya-molodyh-vchenyh-molod-ta-olimpiyskyy-ruh, zuletzt geprüft am 10.02.2023

     

    Abstract: Today, disputes are a part of physical education and sport, as much as we develop and focus on rights  and justice access of parties, sport dispute cases arises. Sport dispute resolution system needs a fair, practical and effective mechanism which is accessible for  all whom they are connected to physical education and sport. These theses developed based on the grounded theory to close the gap between theory and empirical  research in sport problems specially sport dispute resolution. According to Ralph, Birks & Chapman  thesis, grounded theory integrates diverse traditions in sociology, positivism and symbolic  interactionism. Therefore, the author based on the systematic methodology in the social sciences involving the  construction of theories through methodical gathering and analysis of data, developed a logic and  practical method for sport dispute categories. At the moment, there are different opinions (theories) to categorize sport disputes. But some States  have legal difficulties for implementation of these theories in their sport dispute resolution system. One of the tangible issues that paralysis sport disputes resolution mechanisms in national and  international levels is when authors complicate sport deputes categories and sport classification.

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  • Noshadha, Sam (2019) : Paradigm shift as the last chance to survive the earth: Compliance by Ukraine with its international obligations on environmental protection through prism of the association agreement with the European Union: Abstracts: International Scientific Practical Conference: Kiew, 22. April, S. 130-133. Online verfügbar unter http://www.uail.com.ua/wp-content/uploads/2019/04/Vy-konannya-Ukrayinoyu-zobov-yazan-z-ohorony-dovkillya-kriz-pry-zmu-Ugody-pro-asotsiatsiyu-z-YEvropejs-ky-m-Soyuzom.pdf, zuletzt geprüft am 10.02.2023

     

    Abstract: Biocultural diversity is recognized as the diversity of life in all its manifestations and includes a variety of biological, cultural and linguistic diversity, which is dependent on the social-ecological holistic system. Biocultural diversity has important rights that must be recognized and, enforced to ensure its continuity. Many issues have emerged as a result of the neglect of these rights. In one hand, the contemporary human life is such as that most of the interaction with «free nature» as well as «customs and methods of peaceful engagement with nature» is very limited. On the other hand, with increasing population growth, per capita consumption and the consequences of modern human technology have reached a stage where their production, consumption, and pollution exceeded the capacity of the planet. In order to avoid irreversible destruction and extinction; it is necessary the biocultural diversity rights be admitted and observed to achieve the general objectives below: ·      Introducing global paradigm shift; Increasing peace and lasting harmony between human activities ·      and nature; Reducing the destructive effects of human beings on nature, ·      such as rapid climate change, widespread extinction of life and ·      collapse of cultural diversity that are in harmony with nature; Improving overall health for all earthly beings. To reach global paradigm shift and suitable governance for human beings, to live in harmony with nature joyfully, and providing the last existence opportunity for every survived earthly beings before it’s too late, the Global Biocultural Diversity Rights Foundation (GBDRF) established in Canada with global policy actions in mission of fostering all capacities for global biocultural diversity rights by providing required education, accreditation, licensing, certification and advocacy through global think tank, alliance cooperative network, and legal consultation and protection assistance for all members who want to respect this endangered diversity; as well as, to undertake some efficient and effective roles in this unique mission. The Presidium members are extremely honored to present these opportunities for the first time during this crucial era. The main value of the GBDRF is congenital rights of life, living free with access to nature for all earthly beings especially human children and inherited right for cultural diversity. The GBDRF goals to realizing its mission are: – Decreasing destructive technologies and increasing those which work harmoniously with nature; – Improving economic dimensions which work harmoniously with nature; – Increasing advocacy regarding suitable governance roles to live in harmony with nature; – Increasing possibilities for living free with access to nature, for all earthly beings especially human children; – Increasing respect for endangered biocultural diversity of earth; – Improving members capacities for undertaking some efficient and effective roles in regard to biocultural diversity rights; – Improving legal consultation and protection support for members whom their rights are being violated as well as biocultural diversity issues; – Increasing attraction of financial facilities to support approved proposals related to biocultural diversity rights; –  Improving global advocacy related to biocultural diversity rights; –  Improving global accreditations related to biocultural diversity rights; –  Improving communication and awareness related to biocultural diversity rights; – Improving global holistic health through nature-based nutrition, exercise, and lifestyle. Overall goals –  Introducing global paradigm shift; –  Increasing peace and lasting harmony between human activities and nature. – Reducing the destructive effects of human beings on nature, such as rapid climate change, widespread extinction of life, and collapse of cultural diversity that are in harmony with nature; – Improving overall health for all earthly beings. The biocultural issues like environmental, ecological, sociological and economical are not only regional, provincial, national or continental; they are global as well and need to global paradigm shift. According to the statistics, time for surviving our primal mother (earth) is not a lot and humankind must shift the paradigm as it is already late for reforms.

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  • Noshadha, Sam (2019) : Mechanism and challenges of international arbitration in modern sport: Theses of the XII. International Conference of Young Scientists: Abstracts: International Conference Youths and the Olympic Movement: Kiew, 17. - 18. Mai, S. 210-211. Online verfügbar unter https://uni-sport.edu.ua/content/hii-mizhnarodna-konferenciya-molodyh-vchenyh-molod-i-olimpiyskyy-ruh, zuletzt geprüft am 10.02.2023

     

    Abstract: Today sport is not only physical education, but also business which for developing it needs to financing big investment. According to report of EurActive in European Union, It is approximated that for every new job created within the industry, a further 0.65 new professions are created connected industries outside the supply chain. Sport sector is up 2% of the EU global GDP, as the total employment created by sports sector is 7.3 million, which it is equivalent to 3.5% of total European Union employment. The European Commission published a report on 2014 highlighting that sport in total produces a massive € 294bn contribution added up to gross value of the European Union, concluding that “the sector is considered a significant driver of growth.” On 2007, finally European Union entered sport to the Treaty of Lisbon (Chapter 1 and 2, article 165). These are apart which they show importance of sport in modern lifestyle.  Close relationship between sport and economy caused increasing financial importance and disputes in sport industry. Just a glance at the economic overview of the sports sector is highly impressive. As much this statistics raise up mutually disputes connected to sport will increase.  Professional sport may not be without conflicts / disputes. Sport competitive activities with its features imply disputes in sports environment which they effects not only professional athletes as well as physical education and sports organizations, referees, coaches, fans, organizers of sports competitions, medias, sports facilities providers; etc.  Sports dispute ceases in simple clashes but, when these clashes go to disagreements over mutual rights and obligations between parties, such sports disputes develop, as it may not be resolved unilaterally and require jurisdictional intervention.  Usually sports disputes are classified to the following groups:  • Technical disputes (applying technical rules);  • Administrative disputes (permitting sportsmen to a competition or transferring sportsmen between clubs);  • Disciplinary disputes (sanctions or disqualification);  • Economic disputes;  • Inter-agency disputes at different levels. Types of sports disputes between parties are:  • Disputes regarding to commercial parties in sports areas;  • Disputes between sportsmen and sports organizations;  • Disputes between sports organizations;  • Disputes regarding to sanction or disciplinary limitations decisions made by sport organizations toward a person or group.  One of the most common sports dispute resolutions is via applying international sport arbitration courts. Awards of the international arbitration institutions are granted to be enforced by the New York Convention 1958.  The most common sport arbitration court is the CAS and mostly paradigm of many sport arbitration institutions is the CAS. Generally, a sports dispute may be submitted to the International Sport Arbitration (CAS) only if there is an arbitration agreement between the parties, which specifies recourse to the CAS. However, according to Rule 61 of the Olympic Charter, all disputes in connection with the Olympic Games can only be submitted to the CAS, and all Olympic International Federations (IF) have recognized the jurisdiction of the CAS for at least some disputes.

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  • Noshadha, Sam; Litvinenko, Victor; Anufriiev, Mykola (2018): Economic and Political Corruptions in Engineering of Developing States Management Systems. In: Ukrainian Journal of International Law

     

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  • Noshadha, Sam; Litvinenko, Victor (2018): Analyze and prevention ways of the economic and political corruptions in engineering of developed states management systems and International Commercial Arbitration Courts as an effective mechanism of anti corruption to incentive foreign investors. In: Ukrainian Journal of International Law

    Abstract: Today corruption and fighting against corruption is one of the most important fundamental policy in states around the world. Also, economic and political corruptions are known as a crime forms. Crime is the action that violates law. In other word, any action which it is prohibited and causes penalty by law is a crime. International organizations called the financial and political corruptions as state management worries and one of the most important reasons of lack of development in a many states. As much as the political and economic corruptions rise up, the level of national security of a state decreases. The most fundamental economic and political anti-corruption activities are: -       Creating employment options and decreasing unemployment;  -       Fair distribution of opportunities and fighting against bribery;  -       Preparing minimum standard level of life for all people of a state;  -       Fair judicial system.  This article is titled as the “Analyze and prevention ways of the economic and  political corruptions in engineering of developed states management systems and International Commercial Arbitration Courts as an effective mechanism of anti corruption to incentive foreign investors”. Therefore, plan of the article will be as follows: -       Entering to the legal conceptual literatures, then explaining the economic and political corruptions that stops development and they are bases of other corruptions;  -       Pointing to the types, levels and definitions of the corruption in some countries;  -       In summery explaining the effective reasons of the economical and political corruptions;  -       By comparing corruption levels in developing countries, we explain to you the consequences and the effective ways for fighting this destructive  phenomenon; -       International Commercial Arbitration Courts in summery; -       How the International Commercial Arbitration Courts may be as an effective mechanism of anti corruption.

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  • Noshadha, Sam (2013): Alternative Dispute Resolution in International Commercial Law. In: The Ukrainian Journal of Business Law. Online verfügbar unter https://www.ujbl.info/article.php?id=362, zuletzt geprüft am 16.12.2022

     

    Abstract: Today, one of the most important aspects in international commercial agreements is how to resolve dispute with regard to understanding the interoperation or acting agreement provision. Commercial disputes influence speed, privacy, information, investment and financial security. When creating such regulations and agreements, we must consider the effects of such regulations on the flow of business.  To select the most effective method, we should be aware of: —  Commercial dispute resolution mechanism, — Advantages and disadvantages of an agreement according to circumstances and the subject. In recent years as a response to this need, we have seen the formation and use of new methods for peaceful settlement of commercial disputes. These methods are known as Alternative Dispute Resolution (ADR). ADR typically refers to processes and techniques of resolving disputes that fall outside of the judicial process. In such processes person(s) who resolve dispute is formed based on determination of the parties and often heard by a “private person(s)/ private party (ies)” who are selected and agreed by the parties. I will explain briefly about such methods in this article.

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