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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.
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.
Previous edition, 1st, published in 1988.
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.
The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS), and national courts significant international and domestic between 2018-2020. It is a must-have for sports lawyers, arbitrators, and researchers engaged in this field. From the ECtHR's landmark ruling in the Mutu & Pechstein case, through the Russian doping scandal, to the first Sun Yang award, it features in-depth articles on important issues raised by international sports arbitration, as well as independent commentaries by academics and practitioners on the most significant international and domestic decisions rendered in the period under review. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.
Sport governance no longer stirs public opinion only when scandals surface; it has become a persistent concern for a number of stakeholders, such as the media, sport followers, and corporates that produce and sponsor sport. Contemporary sport governance is characterised by tension between sport’s potential for commercial benefit on the one hand and moral education and social development on the other. The perceived incompatibility of these two aspects has led to intense conversations in the media, administrative circles, and the public sphere about the need for ethics to be the key element of governance. The chapters in this volume explore the contemporary forms of governance that is structured by sport’s extensive transnational networks, shifts in what the stakeholders mentioned above understand by ‘ethics’, and the emergence of new stakeholders. They identify as the two major directions of contemporary sport governance the growing significance of the non-West, especially in relation to event hosting, and the need for controlling the behaviour of emergent interest groups. The latter is a complex constellation of athletes, officials, supporters, lawyers, and politicians who share power and collectively determine corporate and non-profit governance, legal aspects, and regulatory mechanisms from within their subjective locations. The chapters in this book were originally published in a special issue in Sport in Society.
The second edition of this comprehensive Handbook presents new and significantly revised chapters by leading scholars and practitioners in the burgeoning field of international sports law. National, regional and comparative dimensions of sports law are emphasized throughout, exploring a wide range of issues emerging in sports law today.
A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0.
"Casebook for use in upper level Sports Law course"--