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In a fresh and original account, Lloyd Freeburn challenges the conventional conception of contracts as the consent-based legal foundation of international sports law. The prevailing legal orthodoxy is shown to be untenable, failing to explain or justify international sports governing bodies’ regulatory power or their control over the livelihoods and liberty of participants in sport. The non-consensual jurisdiction of the Court of Arbitration for Sport is similarly tainted. But this significant challenge is not made simply to undermine international sport’s regulatory regime. A sound legal foundation for regulatory authority in sport is both desirable and necessary. Consequently, effective reform is urgently required to support the regime’s legality and to give it legitimacy by resolving the regime’s democratic deficit.
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.
I am honoured to have been invited to write the foreword to this book. Since the publi- tion of Professional Sport in the EU: Regulation and Re-regulation (edited by Andrew Caiger and Simon Gardiner, T.M.C. Asser Press 2000), there have been a number of dev- opments in the European Union in sports law, both in the European Commission and the European Court of Justice. The most significant of these was probably the adoption by the Commission of the White Paper on Sport on 11 July 2007. The White Paper takes stock of the acquis communautaire – the rather prodigious body of European Law including judgements and preliminary rulings of the ECJ – in the sports field and sets out the position of the Commission on three significant aspects of European sport: its societal role, its economic dimension, and its governance. The White Paper also contains concrete proposals for further EU action as part of an Action Plan named after Pierre de Coubertin, the founder of the modern Olympic Games.
Previous edition, 1st, published in 1988.
Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.
The Oxford Handbook of American Sports Law is a timely and engaging compilation of commentaries by leading experts on the most significant issues in US sports law. The book blends analysis of historical and contemporary controversies with prescriptions for how courts and lawmakers can reconcile the competing interests of leagues, owners, and players. The Handbook also establishes a foundation for future research on sports law issues. As technology and social media alter the ways fans, athletes, and team officials interact, legal doctrine will be challenged to adapt, and the Handbook both forecasts these debates and outlines where the law may be headed.
International Sport Management, Second Edition, serves as an invaluable guide for students as they build careers that require an understanding of the relationships, influences, and responsibilities of sport management in a global context.
Long established as the market leading textbook on sports law, this much-anticipated new edition offers a comprehensive and authoritative examination of the legal issues surrounding and governing sport internationally. Locating the legal regulation of sport within an explicit socio-economic context, this refocused edition is divided into four core parts: Governance & Sport; Commercial Regulation; Sports Workplace; and Safety in Sport. Recent developments covered in this edition include: EU competition law interaction with sport under arts. 101 and 102 of the Treaty on the Functioning of the European Union; the current World Anti-Doping Agency code; analysis of the recent Court of Arbitration for Sport Jurisprudence; reforms of the transfer system in team sports; anti-discrimination provisions in sport; engagement with match fixing; a focus on the legal context of 2012 London Olympics. Essential reading for students studying sports law or sports-related courses, this textbook will also prove useful to sports law practitioners and sports administrators in need of a clear companion to the field.
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
The important theme “What is Sports Law?” was the topic of the international Conference on “The Concept of Lex Sportiva Revisited”, which took place in Jakarta in late 2010. Academics and practitioners are still in debate to agree on this concept as is evident in this book. This book not only contains the worked out contributions of this Conference, but also other related chapters on the subject. It produces a reassessment of the content of Sports Law and its terminology keeping a close eye on the current literature. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.