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Regulating International Sport
Power, Authority and Legitimacy
Author:
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 bodiesâ 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 sportâs 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 regimeâs legality and to give it legitimacy by resolving the regimeâs democratic deficit.
Lloyd Freeburn, Ph.D. (2018), University of Melbourne, is a Senior Fellow at that university lecturing in event management law. He has published various articles concerning sports law including contributing to the sports law section of Halsburyâs Laws of Australia.
Acknowledgments
Introduction
â1âThe Concern
â2âBook Structure
1 Fundamental Aspects of Regulatory Power in International Sport
â1âThe Structure of International Sports Governance
â2âThe Nature of Regulatory Power in International Sport
â3âThe Democratic Legitimacy Deficit in International Sport
â4âThe Legitimisation of Regulatory Power in International Sport
2 The Contractual Authority of Sports Governing Bodies â The Real and the Fictional
â1âProblems in the Contractual Characterisation
â2âThe Contractual Basis of Regulatory Authority â Conceptual Issues
â3âIndirect âContractualâ Devices
â4âImplied Contracts in Sport
â5âThe Vice of the Contractual Characterisation
3 The De Facto Power of Sports Governing Bodies
â1âSportâs Practically and Legally Effective, Pervasive De Facto Power
â2âThe Foundations of the De Facto Power of Sports Governing Bodies
4 The Extent and Function of Consent in the De Facto Power of Sports Governing Bodies
â1âConsent and De Facto Power in Sport
â2âDe Facto Power and Contracts
â3âDe Facto Power and Consent
5 The De Facto Jurisdiction of the Court of Arbitration for Sport
â1âDe Facto Power and Consent to Sports Arbitration
â2âThe âMythâ of Consent in Sports Arbitration
â3âThe Inadequate Justification of Non-Consensual Arbitration
â4âThe Handmaidens of Sportâs International Federations
6 Individual Liberty and De Facto Power
â1âIndividual Liberty and De Facto Regulatory Power
â2âImplications of De Facto Power Not Being the Exercise of Individual Liberty
7 Legitimacy and the Justification of the Regulatory Power of International Sports Governing Bodies
â1âThe Necessity of Legitimacy
â2âDemocratic Legitimisation of the Governance Regime of International Sport
â3âDemocratic Legitimacy and International Sports Arbitration
8 Conferring Legality on the Regulation of International Sport â the Need for an International Treaty
â1âThe Limited Benefits of Democratic Legitimacy
â2âAn International Treaty
â3âThe Contents of a Convention on the Governance of International Sport
â4âThe Impetus for Reform
â5âConclusion
Bibliography
âTable of Cases
Introduction
â1âThe Concern
â2âBook Structure
1 Fundamental Aspects of Regulatory Power in International Sport
â1âThe Structure of International Sports Governance
â2âThe Nature of Regulatory Power in International Sport
â3âThe Democratic Legitimacy Deficit in International Sport
â4âThe Legitimisation of Regulatory Power in International Sport
2 The Contractual Authority of Sports Governing Bodies â The Real and the Fictional
â1âProblems in the Contractual Characterisation
â2âThe Contractual Basis of Regulatory Authority â Conceptual Issues
â3âIndirect âContractualâ Devices
â4âImplied Contracts in Sport
â5âThe Vice of the Contractual Characterisation
3 The De Facto Power of Sports Governing Bodies
â1âSportâs Practically and Legally Effective, Pervasive De Facto Power
â2âThe Foundations of the De Facto Power of Sports Governing Bodies
4 The Extent and Function of Consent in the De Facto Power of Sports Governing Bodies
â1âConsent and De Facto Power in Sport
â2âDe Facto Power and Contracts
â3âDe Facto Power and Consent
5 The De Facto Jurisdiction of the Court of Arbitration for Sport
â1âDe Facto Power and Consent to Sports Arbitration
â2âThe âMythâ of Consent in Sports Arbitration
â3âThe Inadequate Justification of Non-Consensual Arbitration
â4âThe Handmaidens of Sportâs International Federations
6 Individual Liberty and De Facto Power
â1âIndividual Liberty and De Facto Regulatory Power
â2âImplications of De Facto Power Not Being the Exercise of Individual Liberty
7 Legitimacy and the Justification of the Regulatory Power of International Sports Governing Bodies
â1âThe Necessity of Legitimacy
â2âDemocratic Legitimisation of the Governance Regime of International Sport
â3âDemocratic Legitimacy and International Sports Arbitration
8 Conferring Legality on the Regulation of International Sport â the Need for an International Treaty
â1âThe Limited Benefits of Democratic Legitimacy
â2âAn International Treaty
â3âThe Contents of a Convention on the Governance of International Sport
â4âThe Impetus for Reform
â5âConclusion
Bibliography
âTable of Cases
All interested in sports law including academics, students, sports governing bodies and participants in sports including players associations, the representatives of professional athletes, professional sports teams and leagues.