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With a foreword by Prof. Dr. Steve Cornelius, International Sports Law Centre, University of Pretoria, Pretoria, South Africa This book, written by an expert in the field, covers some of the following issues, namely high-profile WADA cases such as that of Maria Sharapova, the Bosman ruling, decisions by the Court of Arbitration for Sport (CAS), and footballers’ employment contracts and transfers for enormous amounts. These issues have led to sport no longer being confined to the back pages of traditional media such as newspapers, but increasingly finding its way onto the front pages and into new media. Since ancient times sport has been practised but today it is a multi-billion dollar ‘industry', and Sports Law as a discipline in its own right is developing apace and is increasingly being studied and practiced at all levels of interest and competency. Thereby creating a need amongst students, lawyers, accountants, sports marketers, promoters, agents, sports broadcasters, sports administrators and managers for some basic and general knowledge of the legal aspects of sport. This introductory guide to international sports law will serve to satisfy the needs currently not being met in present-day sports law literature, and should also be of interest to researchers and the general reader. Although the topics covered are necessarily selective, sports law being such a vast subject, they are representative of the main legal issues facing the world of sport today. Throughout the book, the reader is referred to articles, publications and other materials that provide further information on the various subjects treated in the text, thus enhancing its value and usefulness. The Law is stated as at 1 January 2017, according to the sources available at that date. Prof. Ian S. Blackshaw is an International Sports Lawyer, a Solicitor of the Supreme Court of England and Wales, and a Visiting Professor at several Universities, including Anglia Ruskin University, Cambridge, United Kingdom, and The University of Pretoria, South Africa. He is also a member of the Court of Arbitration for Sport, Lausanne, Switzerland. Specific to this book: • Written by an acknowledged expert in the field• Clear and concise presentation• Includes references throughout to further information and materials Excerpt from a book review: "Prof Ian Blackshaw has provided an excellent and comprehensive overview of the core areas and intricacies of ‘sports law’, enabling the reader to understand why it is, quite rightly, a distinct doctrine of law worthy of study and research on its own merits.""It’s an excellent guide to all aspects of sports law for lawyers – and those interested in this subject matter in general."Hilary Forde,Sports solicitor and director of racing governanceand compliance at the Irish Greyhound BoardLaw Society Gazette, Dec. 2017
Stephen F. Ross presents this succinct introduction to key topics of law specific to sports, comparing approaches to sports law across the globe, with particular focus on the United States, Europe, and common law jurisdictions. Contrasting the profit-maximizing approach of North American leagues with the global integrated approach of professional sports governed by national and international governing boards, the book offers a novel model for the latter.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in South Africa deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.
The aim of this book is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the book focuses on legal doctrine it has been written bearing in mind sport's historical, cultural, social and economic context, including the drama and colour of sport's major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur. Initially, the book addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known as 'sports law'. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme is dealt with in chapters considering the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in chapters concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events. The conclusion summarises modern sport's experience of EU law, pointing the way to the future direction of sports law more generally. While the book is aimed primarily at students, and is designed to cover fundamental and topical areas of sports law (sports law in general; sports bodies and the courts; arbitration in sport; corruption; doping; violence; civil liability; discrimination; the commodification of modern sport; and the likely future of sports law), it should also prove of wider interest to practitioners, sports administrators and governing bodies; and though focused primarily on UK law it will also appeal to readers in Australia, Canada, New Zealand and the USA.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Australia deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.
The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law. The chapters are all put in the perspective of the innovative sports law doctrine that is developed and presented in the opening chapter on what sports law is. After a general coverage of the core concept of “sport specificity” (that is whether private sporting rules and regulations can be justified notwithstanding they are not in conformity with public law), the book covers the following specific main themes of International and European Sports Law (capita selecta): comparative sports law; competition law and sport; the collective selling of TV rights; sports betting; Social Dialogue in sport; sport and nationality; professional football transfer rules; anti-doping law in sport; transnational football hooliganism in Europe; international sports boycotts. In this book association football (“soccer”) is the sport that is by far most on the agenda. It is the largest sport in the world and most popular all over the globe. The elite football in Europe is a day-to-day commercialized and professionalized industry, which makes it a perfect subject of study from an EU Law perspective.
Gambling is a significant global industry, which is worth around 0.6% of world trade, that is, around US$ 384 billion; and gambling on the outcome of sports events is a very popular pastime for millions of people around the world, who combine a bet with watching and enjoying their favourite sports. But, like any other human activity, sports betting is open to corruption and improper influence from unscrupulous sports persons, bookmakers and others. Sports betting in the last ten years or so has developed and changed quite fundamentally with the advent of modern technology – not least the omnipresence of the Internet and the rise of on-line sports betting. This book covers the law and policy on sports betting in more than forty countries around the world whose economic and social development, history and culture are quite different. Several chapters deal with the United States of America. This book also includes a review of sports betting under European Union (EU) Law. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.
This book accounts for over 25 of the most influential cases in international sports law, as written by some of the leading authorities in the area. Authors from Europe, the United States, Australia, South Africa, Canada and New Zealand trace the evolution of this emerging discipline of law through an analysis of individual cases, as discussed under a number of key debates and themes in contemporary sports law, including: the “public” nature of legal disputes in sport; player employment mobility litigation; doping and the spirit of sport; TV rights holding proceedings; and enduring themes in sports law such as on-field violence, spectator safety, animal welfare and gender equality. Valuable for sports law academics, arbitrators and practitioners, sports administrators and governing bodies, but also for students (postgraduate and undergraduate) and all those with an interest in international sports law.