Subjects -> LAW (Total: 1397 journals)
    - CIVIL LAW (30 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (65 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (161 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (161 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (843 journals)
    - LAW: GENERAL (11 journals)

LAW (843 journals)            First | 1 2 3 4 5     

Showing 201 - 354 of 354 Journals sorted alphabetically
Evaluation Review     Hybrid Journal   (Followers: 8)
Evidence & Policy : A Journal of Research, Debate and Practice     Hybrid Journal   (Followers: 12)
Federal Law Review     Full-text available via subscription   (Followers: 48)
Feminist Legal Studies     Hybrid Journal   (Followers: 21)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Fordham Environmental Law Review     Open Access   (Followers: 4)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 17)
Fordham Law Review     Open Access   (Followers: 14)
Forensic Science International : Mind and Law     Open Access   (Followers: 4)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Frónesis     Open Access  
Geoforum     Hybrid Journal   (Followers: 25)
George Washington Law Review     Free   (Followers: 6)
Georgia State University Law Review     Open Access   (Followers: 2)
German Law Journal     Open Access   (Followers: 1)
Global Energy Law and Sustainability     Hybrid Journal  
Global Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Global Labour Journal     Open Access   (Followers: 15)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)
Golden Gate University Law Review     Open Access   (Followers: 2)
Graduate Law Journal     Open Access  
Grey Room     Hybrid Journal   (Followers: 16)
Griffith Law Review     Hybrid Journal   (Followers: 13)
GRUR International     Full-text available via subscription  
GSTF Journal of Law and Social Sciences     Open Access   (Followers: 2)
Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam     Open Access  
Haramaya Law Review     Open Access   (Followers: 1)
Harvard Environmental Law Review     Free   (Followers: 12)
Harvard Human Rights Journal     Open Access   (Followers: 10)
Harvard Journal of Law & Public Policy     Free   (Followers: 34)
Harvard Journal of Law and Gender     Free   (Followers: 24)
Harvard Law Review     Free   (Followers: 93)
Hasanuddin Law Review     Open Access   (Followers: 2)
Hastings Law Journal     Free   (Followers: 8)
Health Matrix : The Journal of Law-Medicine     Open Access  
Helsinki Law Review     Open Access  
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
Hofstra Law Review     Open Access   (Followers: 2)
Horyzonty Polityki     Open Access  
Houston Law Review     Free   (Followers: 4)
Hukum Islam     Open Access  
IALS Student Law Review     Open Access   (Followers: 2)
IDÉIAS : Revista dos estudantes da Faculdade de Direito do Recife (UFPE)     Open Access  
IDP. Revista de Internet, Derecho y Politica     Open Access   (Followers: 2)
Ihering : Cuadernos de Ciencias Jurídicas y Sociales     Open Access   (Followers: 3)
Indian Law Review     Hybrid Journal  
Indiana Journal of Global Legal Studies     Full-text available via subscription  
Indiana Law Journal     Open Access   (Followers: 3)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 20)
Indigenous Peoples’ Journal of Law, Culture & Resistance     Open Access   (Followers: 2)
Indonesia Law Review     Open Access   (Followers: 2)
Indonesian Journal of Law and Society     Open Access   (Followers: 1)
Indonesian Journal of Legal and Forensic Sciences     Open Access   (Followers: 1)
Information & Communications Technology Law     Hybrid Journal   (Followers: 22)
InSURgência : revista de direitos e movimentos sociais     Open Access  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access  
Intergenerational Justice Review     Open Access  
International and Comparative Law Review     Open Access   (Followers: 4)
International Cybersecurity Law Review     Hybrid Journal   (Followers: 1)
International Data Privacy Law     Hybrid Journal   (Followers: 27)
International Free and Open Source Software Law Review     Open Access   (Followers: 6)
International Journal of Children's Rights     Hybrid Journal   (Followers: 22)
International Journal of Clinical Legal Education     Open Access  
International Journal of Culture and Modernity     Open Access  
International Journal of Disclosure and Governance     Hybrid Journal   (Followers: 6)
International Journal of Healthcare Policy     Hybrid Journal   (Followers: 1)
International Journal of Language & Law     Open Access   (Followers: 4)
International Journal of Law and Politics Studies     Open Access   (Followers: 1)
International Journal of Law Reconstruction     Open Access  
International Journal of Legal Information     Full-text available via subscription   (Followers: 48)
International Journal of Legal Medicine     Hybrid Journal   (Followers: 7)
International Journal of Liability and Scientific Enquiry     Hybrid Journal   (Followers: 2)
International Journal of Marine and Coastal Law     Hybrid Journal   (Followers: 18)
International Journal of Mental Health and Capacity Law     Open Access   (Followers: 1)
International Journal of Public Legal Education     Open Access  
International Journal of Punishment and Sentencing, The     Full-text available via subscription   (Followers: 8)
International Journal of Rural Law and Policy     Open Access   (Followers: 2)
International Journal of Speech Language and the Law     Hybrid Journal   (Followers: 11)
International Journal of Technology Policy and Law     Hybrid Journal   (Followers: 6)
International Journal of the Legal Profession     Hybrid Journal   (Followers: 9)
International Law Research     Open Access  
International Peacekeeping     Hybrid Journal   (Followers: 250)
International Sports Law Journal     Hybrid Journal   (Followers: 3)
International Theory: A Journal of International Politics, Law and Philosophy     Hybrid Journal   (Followers: 21)
IP Theory     Open Access   (Followers: 10)
Isonomía. Revista de Teoría y Filosofía del Derecho     Open Access  
Italian Review of Legal History     Open Access   (Followers: 3)
Iter Ad Veritatem     Open Access  
Iuris Dictio     Open Access  
Iuris Tantum Revista Boliviana de Derecho     Open Access  
Ius Canonicum     Full-text available via subscription  
Ius et Praxis     Open Access  
IUS ET SCIENTIA     Open Access  
IUSTA : Derecho, investigación, conflicto, prácticas jurídicas     Open Access  
James Cook University Law Review     Full-text available via subscription   (Followers: 4)
Jeffrey S. Moorad Sports Law Journal     Open Access   (Followers: 1)
JILS (Journal of Indonesian Legal Studies)     Open Access  
Jindal Global Law Review     Hybrid Journal  
John Marshall Law Review     Full-text available via subscription  
John Marshall Review of Intellectual Property Law     Free   (Followers: 8)
Journal for European Environmental & Planning Law     Hybrid Journal   (Followers: 5)
Journal of African Law     Full-text available via subscription   (Followers: 3)
Journal of Applied Law and Policy     Full-text available via subscription   (Followers: 3)
Journal of Banking Regulation     Hybrid Journal   (Followers: 27)
Journal of Business & Technology Law     Open Access   (Followers: 2)
Journal of Commonwealth Law and Legal Education     Hybrid Journal   (Followers: 5)
Journal of Conflict and Security Law     Hybrid Journal   (Followers: 18)
Journal of Digital Forensics, Security and Law     Open Access   (Followers: 1)
Journal of Dinamika Hukum     Open Access   (Followers: 1)
Journal of Empirical Legal Studies     Hybrid Journal   (Followers: 12)
Journal of Energy & Natural Resources Law     Hybrid Journal   (Followers: 5)
Journal of Environmental Law     Hybrid Journal   (Followers: 22)
Journal of Environmental Policy & Planning     Hybrid Journal   (Followers: 14)
Journal of European Consumer and Market Law     Hybrid Journal   (Followers: 6)
Journal of Gender, Social Policy & the Law     Open Access   (Followers: 22)
Journal of Human Security     Open Access   (Followers: 7)
Journal of Information Rights, Policy and Practice     Open Access  
Journal of Intelligent Transportation Systems: Technology, Planning, and Operations     Hybrid Journal   (Followers: 3)
Journal of International Peacekeeping     Hybrid Journal   (Followers: 214)
Journal of Intervention and Statebuilding     Hybrid Journal   (Followers: 9)
Journal of Islamic and Near Eastern Law     Open Access   (Followers: 3)
Journal of Law and Conflict Resolution     Open Access   (Followers: 4)
Journal of Law and Courts     Full-text available via subscription   (Followers: 7)
Journal of Law and Health     Open Access   (Followers: 7)
Journal of Law and Legal Reform     Open Access  
Journal of Law and Policy     Open Access   (Followers: 1)
Journal of Law and Regulation     Open Access  
Journal of Law and Religion     Full-text available via subscription   (Followers: 6)
Journal of Law and Social Policy     Open Access   (Followers: 3)
Journal of Law and Society     Hybrid Journal   (Followers: 43)
Journal of Law and the Biosciences     Open Access   (Followers: 3)
Journal of Law, Medicine & Ethics     Hybrid Journal   (Followers: 23)
Journal of Law, Policy and Globalization     Open Access   (Followers: 13)
Journal of Law, Religion and State     Hybrid Journal   (Followers: 4)
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction     Full-text available via subscription   (Followers: 4)
Journal of Legal Analysis     Open Access   (Followers: 6)
Journal of Legal Anthropology     Open Access   (Followers: 1)
Journal of Legal Education     Open Access   (Followers: 7)
Journal of Legal Pluralism and Unofficial Law     Hybrid Journal   (Followers: 3)
Journal of Legal Studies     Full-text available via subscription   (Followers: 46)
Journal of Legal Studies     Open Access   (Followers: 8)
Journal of Legal Studies Education     Hybrid Journal   (Followers: 6)
Journal of Media Law     Hybrid Journal   (Followers: 7)
Journal of National Security Law & Policy     Free   (Followers: 6)
Journal of Nursing Law     Hybrid Journal   (Followers: 4)
Journal of Penal Law & Criminology     Open Access   (Followers: 2)
Journal of Perpetrator Research     Open Access   (Followers: 1)
Journal of Planning Education and Research     Hybrid Journal   (Followers: 13)
Journal of Police Crisis Negotiations     Hybrid Journal   (Followers: 10)
Journal of Politics     Full-text available via subscription   (Followers: 53)
Journal of Politics and Law     Open Access   (Followers: 9)
Journal of Property Research     Hybrid Journal   (Followers: 3)
Journal of Property, Planning and Environmental Law     Hybrid Journal   (Followers: 5)
Journal of Psychiatry & Law     Full-text available via subscription   (Followers: 10)
Journal of Supreme Court History     Hybrid Journal   (Followers: 8)
Journal of the National Association of Administrative Law Judiciary     Open Access   (Followers: 1)
Journal of Trafficking and Human Exploitation     Hybrid Journal   (Followers: 4)
Journal of Victimology and Victim Justice     Hybrid Journal  
Journal of World Energy Law & Business     Hybrid Journal   (Followers: 1)
Judicial Officers Bulletin     Full-text available via subscription   (Followers: 2)
Judicial Review     Full-text available via subscription   (Followers: 11)
Juridica International     Open Access  
Jurídicas CUC     Open Access  
Jurisdictie Jurnal Hukum dan Syariah     Open Access   (Followers: 1)
Jurisprudence     Hybrid Journal   (Followers: 17)
Jurist-Diction     Open Access  
Jurnal Akta     Open Access  
Jurnal Bina Mulia Hukum     Open Access  
Jurnal Cakrawala Hukum     Open Access  
Jurnal Cita Hukum     Open Access  
Jurnal Daulat Hukum     Open Access  
Jurnal Hukum & Pembangunan     Open Access  
Jurnal Hukum dan Pembangunan Ekonomi     Open Access  
Jurnal Hukum dan Peradilan     Open Access  
Jurnal Hukum Magnum Opus     Open Access  
Jurnal hukum Prasada     Open Access  
Jurnal Hukum Respublica     Open Access  
Jurnal Idea Hukum     Open Access  
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan     Open Access  
Jurnal Jurisprudence     Open Access  
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial     Open Access  
Jurnal Magister Hukum Udayana (Udayana Master Law Journal)     Open Access  
Jurnal Mimbar Hukum Fakultas Hukum Universitas Gadjah Mada     Open Access  
Jurnal Notariil     Open Access  
Jurnal Pembaharuan Hukum     Open Access  
Jurnal Repertorium     Open Access  
Jurnal Suara Keadilan     Open Access  
Jus Cogens : A Critical Journal of Philosophy of Law and Politics     Hybrid Journal  
Jussens Venner     Full-text available via subscription  
Justiça do Direito     Open Access  
Justice Research and Policy     Full-text available via subscription   (Followers: 1)
Justicia     Open Access  
Justicia Juris     Open Access  
Justitia et Pax     Open Access  
Kanun : Jurnal Ilmu Hukum     Open Access  
Kertha Patrika     Open Access  
Kertha Wicaksana     Open Access  

  First | 1 2 3 4 5     

Similar Journals
Journal Cover
International Sports Law Journal
Journal Prestige (SJR): 0.136
Number of Followers: 3  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1567-7559 - ISSN (Online) 2213-5154
Published by Springer-Verlag Homepage  [2469 journals]
  • An analytical study of the human rights concerns before the CAS with
           reference to Caster Semenya

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      Abstract: At a time when the social ideas regarding gender are shifting and the need for protection of human rights in sports has been emphasized, the IAAF Regulations on the participation of non-binary athletes in sporting competitions have been exclusionary and display a disregard for the legal standing of human rights of the athletes. At this juncture, the competency of the Court of Arbitration for Sports (CAS), the premier forum for dispute resolution in international sports, to adjudicate upon cases concerning the human rights of the athletes has been called into question after its failure to uphold the human rights concerns of the South African athlete Caster Semenya who challenged the validity of these IAAF Regulations vis-à-vis the requirement of female athletes to conform to a certain level of testosterone in their systems. This paper analyzes the functions of the CAS and argues why the CAS is uniquely placed to uphold the human rights of the athletes. Additionally, the paper delves into the historical understanding of gender verification in sports and examines the scientific evidence regarding elevated male hormones leading to competitive advantage in female athletes. Finally, the paper suggests reforms for the CAS for it to be better equipped in handling human right concerns before it.
      PubDate: 2022-05-12
       
  • Taming of the megalomaniac institution: perspectives on regulating the
           unbridled powers of the BCCI

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      Abstract: The boisterous emotion associated with the game of Inches, i.e., Cricket has given this ‘mere’ sport, the dimension of worship, faith, religion and a status of idolism of players. The negatives or the positives of worshipping a sport or escalating it to a status comparable to that of immortal gods, is a continual argument that shall always remain on the brink of the line of abstruseness. Yet, politicising the sport to earn commercial and economic benefits by exploiting the emotions associated with the sport falls on which side of the line remains ambiguous The infamous case of Surinder Singh Barmi, where severe accusations were levelled against BCCI, showed the roller-coaster ride of manipulation of emotions. The author in the paper will focus on the structure of Cricket in India and the uncontested power derived by BCCI. The author will further expound on the revenue generation of BCCI which has made BCCI invincible. The author will also illustrate the power of BCCI by reflecting on the competition law concerns it modelled over the years, making it unassailable. The author contends that, despite the ostensible and anti-competitive nature of its powers, the competition law remedy against the BCCI falls short in checking the varied variety of rights associated with the Game of Cricket in India. BCCI needs to be subjected to a more comprehensive power checking mechanism. The paper shall argue that BCCI should be considered a State under the Indian Constitution and should fall under the domain of Right to information to bring in more transparency in its functioning.
      PubDate: 2022-05-10
       
  • Grievance mechanisms and challenges to ensuring effective remedies for
           athlete abuses in Japan

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      Abstract: Unfortunately, harassment and abuse in the sporting context have been serious social issues in Japan for a long time. There are three judicial and non-judicial mechanisms that address sports-related abuses: civil procedure, criminal procedure, and disciplinary measures by sporting organizations. Victims can avail of all these mechanisms simultaneously or choose one or two of them. Theoretically, these three mechanisms operate independently, but in practice, each one affects others. Although victims are desperately in need of support, grievance mechanisms sometimes fail to protect victims due to inflexible jurisdiction of the sports-governing bodies. Another challenge is the lack of a system to share information about sport-related human rights abuse cases among sports-governing bodies to prevent further abuse cases. Considering this background, this paper proposes legal measures to effectively prevent harassment and abuse in Japanese sports, taking lessons from to laws, systems, and projects for safe sport in other countries including the U.S., Canada, and Germany. We conclude by proposing the establishment of a centralized entity in Japan, which maintains functions of reporting, investigating, and adjudicating harassment and abuses in Japanese sports, while promoting the concept of safe sport in Japan.
      PubDate: 2022-05-04
       
  • How Russia’s invasion of Ukraine shook sports’ foundation

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      PubDate: 2022-03-29
       
  • Competition manipulation in international sport federations’
           regulations: a legal synopsis

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      Abstract: Abstract Manipulation of competitions has long plagued the sport industry, affecting almost every sport over time. While sharing certain common features, the regulatory provisions and procedural responses to this phenomenon by international federations (IFs), sports’ governing bodies, vary on many aspects, including the definition of the specific offence of “competition manipulation” itself, scope of application, especially in relationship to betting, categories of participants, mens rea elements such as recklessness and negligent behaviour, reporting obligations, aggravating and mitigating factors, and applicable sanctions across sports and within a sport/discipline. More nuanced items within internal disciplinary procedure also vary across federations, such as standard of proof and evidence. The purpose of this study is to offer a comparative synopsis of the regulations of 43 IFs governing Olympic and certain non-Olympic sports, to provide a critical overview of specific aspects of the above mentioned factors in the regulations and to identify areas of improvement for the future.
      PubDate: 2022-03-07
       
  • The death of judicial review of sporting bodies in the commonwealth
           Caribbean

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      Abstract: Abstract Judicial review is the procedure by which municipal courts intervene in the affairs of public bodies to review the process by which they have arrived at decisions which adversely affect their constituents. In this connection, the decisions of public bodies may be challenged on the basis that they were arrived at in error of law, tainted by error of fact or bias, irrational, disproportionate or in breach of principles of natural justice. Although in some jurisdictions sporting bodies are amenable to judicial review, courts in England and Wales and, indeed, the Commonwealth Caribbean, have been largely consistent in finding that because of their private and largely contractual nature, their decisions are not susceptible to judicial review. This article argues that in light of the recent Court of Appeal decision of Trinidad and Tobago Football Association v FIFA, the death knell has effectively been sounded for the judicial review of sporting bodies, such that the view of Michael Beloff, Tim Kerr and Marie Demetriou in their 2012 book, Sports Law, that ‘it is not clear that the last word has been said on the subject’, has now been put to rest, at least in the Commonwealth Caribbean. Notwithstanding its recognition of the importance of the Court of Appeal’s decision in clarifying the scope of judicial review in sporting cases, this article nonetheless contends that FIFA’s sweeping Statutes, its increasingly frequent installation of Normalization Committees and its imposition of heavily punitive sanctions against allegedly recalcitrant constituent sporting federations represent legal imperialism and supranational exceptionalism.
      PubDate: 2022-03-01
       
  • The exchange of self-incriminating information of athletes between sports
           organisations and law enforcement

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      Abstract: Abstract Sports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.
      PubDate: 2022-03-01
       
  • Physical and sexual abuse against young athletes in sport in light of
           article 8 of the European Convention on Human Rights (ECHR)

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      Abstract: Abstract Numerous young athletes have suffered from physical and sexual abuse at the hands of their coaches. Despite this, the European Court of Human Rights (ECtHR) has never dealt with a violation of child rights under the European Convention on Human Rights (ECHR) in the case of physical and sexual abuse in sport. In this situation, a question that may arise is how young athletes can argue a violation of their substantive rights under the Convention before the ECtHR in the case of such abuses' In this regard, the right to physical and mental integrity under Articles 10 (2) and 27 (2) of the Swiss Federal Constitution (SFC) as well as the prohibition of an excessive limitation of personal freedom under Article 27 (2) of the Swiss Civil Code (SCC) may play an essential role to build a bridge between the Convention rights and the fundamental human rights under national law in light of the SFT’s precedents within the meaning of substantive public policy under Article 190 (2) (e) of the Swiss Private International Law Act (PILA). Although the International Federations (IFs) have not recognised a legal standing of young athletes suffering from physical and sexual abuse, state parties to the ECHR must implement positive obligations under Article 8 (1) of the ECHR to take necessary measures to protect young athletes against such abuses by non-state actors and may require sports governing bodies within the jurisdiction to comply with Article 8 (1)’s obligations. Accordingly, this article might serve to clarify a duty of sports governing bodies to protect young athletes against such abuses through a lens of the ECHR.
      PubDate: 2022-03-01
       
  • Agents in the sporting field: a law and economics perspective

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      Abstract: Abstract While agents have been active in the sporting field since the late 1800s, sports agents and their activities have grown in prominence only in more recent times, particularly as a result of typically adverse headlines. Agents are generally considered to be necessary (or some might say a necessary evil) for the sporting industry, in the representation of sportsmen and women, the consultation of sports clubs and franchises, or the facilitation of employment contracts and transfer deals. In contrast to players and clubs (not to mention sports federations and governing bodies), however, sports agents are not engaged in sporting endeavour. Rather, the essence of their role is an economic one for the provision of services. This peripheral position of sports agents implies that their interests are likely to be quite different from those of other stakeholders in the sports industry – but it also gives rise to a significant regulatory conundrum. This conundrum has become especially apparent in the sport of football in recent years, where various attempts at regulation of access to and the performance of the profession of football agent have been made at national and international level. The field of sports and football in particular clearly has a great societal impact and a large economic value. Yet, sports law is remarkably absent so far from the economic approach to law. From a law and economics perspective and in the light of regulation theory, therefore, our main research questions are whether there is a need to regulate the profession of sports agent and, if so, what type of regulation is needed.
      PubDate: 2022-03-01
       
  • By what standard' Speech-related conduct issues in globalised sports

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      Abstract: Abstract The ban of Uruguayan footballer Edinson Cavani for a post on his Instagram account has been highly controversial. Opinions as to the appropriateness of the ban and associated stance taken by the Football Association have been divided. On one side, groups such as anti-racism campaigners have argued that the ban is justified citing a need to promote a greater understanding of acceptable language and behaviour among international athletes. On the other hand, many Spanish speakers have argued that the Associations’ actions are inconsistent with their stance on inclusivity and understanding, arguing that they failed to consider the cultural and linguistic characteristics unique to South America. This raises an important question for globalised sports: how should words and speech be judged in an international context'
      PubDate: 2022-02-28
      DOI: 10.1007/s40318-021-00204-z
       
  • UEFA and the Super League: who is calling who a cartel'

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      Abstract: Abstract The football industry finds itself at a turning point. Through the recent rise and steep fall of the Super League, the concept of a super breakaway league in football is once again at the center of the discussions among football stakeholders. Whilst the key discussion points of such breakaway projects seem to be primarily of a commercial and political nature, EU competition law could also have a crucial impact on the success rate of these initiatives. Sports governing bodies often build in control mechanisms which require their consent prior to the establishment of new third-party competition, often complemented with a severe sanctioning mechanism for athletes participating in non-authorized events. In the ISU case, the European Commission and the General Court found such an ex-ante control mechanism to be contrary to EU competition law in certain circumstances. This Article will analyze UEFA’s ex-ante control system in light of the decision in the ISU case. If the football pyramid desires to uphold its control mechanism it should introduce objective, non-discriminatory, transparent, and proportionate criteria, as well as proportionate sanctions. This article will also analyze whether the Super League's own set-up is compliant with EU competition law.
      PubDate: 2022-02-21
      DOI: 10.1007/s40318-021-00201-2
       
  • The effective application of international human rights law standards to
           the sporting domain: Should UN monitoring bodies take central stage'

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      Abstract: Abstract This work aims to reflect on the role that UN human rights monitoring bodies—both charter and treaty based—could play in tackling human rights violations of athletes rights occurred in the sporting domain. While recognizing the autonomy of sports associations in the application of their own lex sportiva, the author maintains that the perspective and concrete recommendations provided by UN human rights mechanisms could help (i) raise human rights standards applied by sporting associations and (ii) more effectively combat discriminatory and other harmful or unfair practices in sport. Thus, the purpose of the analysis is twofold. First, the work will examine the reasons behind the absence of a significant UN human rights mechanisms/bodies practice so far. Secondly, it will support that autonomy of sport should not imply that athletes could be prevented from having access to these mechanisms seeking concrete recommendations regarding changes in situations of discrimination or application of such harmful or unfair practices. While identifying certain obstacles to individual access, the work advocates for a more decisive action of these mechanisms in this regard. In particular, through Committees’ General Recommendations and Concluding Observations, on the one hand, and special procedures of the Human Rights Council’s pronouncements, on the other.
      PubDate: 2022-02-10
      DOI: 10.1007/s40318-021-00209-8
       
  • Force majeure and changed circumstances during the COVID-19 pandemic: the
           case of sports service contracts and judicial responses in China

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      Abstract: Abstract This paper aims to explore the impact of COVID-19 on the performance of sports service contracts in China from a legal and judicial perspective. It attempts to contribute to the discussion on the applicability of the doctrines of force majeure and change of circumstances in the cases of impracticability of performance or obstructed performance due to COVID-19 and consequent government enforced pandemic control policies and measures. It reveals that courts in China have adopted a differentiated, pluralist, and practical approach according to the degree of the impact of COVID-19 preventive and control measures on the performance of contracts. The juridical responses by judges tend to favour the amendment of contract under the principle of changed circumstances with a view to balancing the interests of both parties to the contract and reducing the impact on the operations of the sport service industry. China’s experience suggests that it is important that courts adhere to the principle of fairness, the principle of balance of interests, and the principle of encouraging transaction in dealing with contract performance disputes caused by COVID-19, while the applicability of force majeure should be carefully examined in judicial practice.
      PubDate: 2022-01-20
      DOI: 10.1007/s40318-021-00206-x
       
  • Macolin and beyond: legal and regulatory initiatives against match
           manipulation

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      Abstract: Abstract Match manipulation, as one of the most common types of sports fraud, constitutes a significant threat to the integrity of sport and those involved. This paper aims to provide an image of the legal and regulatory framework currently in place to tackle match manipulation in sport against the background of the topics dealt with by the Council of Europe Convention on the Manipulation of Sports Competitions of 2014 (Macolin Convention). The paper, firstly, observes that, over the course of the past decade, several European states have introduced specific anti-corruption laws to deal with the phenomenon. In addition, multiple initiatives that were taken with the intention of improving national and international cooperation in relation to the topic of match manipulation are considered. At national level, numerous states have created multi-stakeholder platforms, so-called national platforms. At international level, cooperative initiatives exist as well. For example, organisations such as INTERPOL and Europol facilitate cooperation between police authorities and law enforcement agencies. Furthermore, the Group of Copenhagen, created against the backdrop of the Macolin framework, brings together representatives of the various national platforms. Last, the paper discusses multiple actions taken at the level of sports organisations in order to strengthen their regulatory framework with the aim of preventing, detecting and sanctioning match manipulation.
      PubDate: 2022-01-20
      DOI: 10.1007/s40318-021-00205-y
       
  • The role of athlete commissions in addressing sport-related human rights
           abuses: a case study of the Commonwealth Games Federation Athletes
           Advisory Commission

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      Abstract: Abstract Athlete commissions have an important role to play in addressing sport-related human rights abuses. This article will explore this by examining the Commonwealth Games Federation (CGF) which made constitutional changes and created its first athlete representation body in 2017—the CGF Athletes Advisory Commission (AAC). These governance and legal changes empowered athletes to be part of the CGF leadership. Under the new governance structure, the Chair of the AAC is a voting member of the CGF Executive Board. The AAC met for the first time in 2018. In 2020, they launched their strategy (CGF Media Release 13 May 2020. https://thecgf.com/news/cgf-athletes-advisory-commission-launch-new-strategy. Accessed 28 October 2021) which seeks to uphold and live the Commonwealth Sport values of humanity, equality and destiny. The strategy identifies the Commonwealth athletes as agents of change, advocates for integrity and ambassadors for respect, impartiality and non-discrimination. How realistic is this ambition' The CGF itself, Commonwealth Sports Ministers and Commonwealth Member Countries have all adopted zero tolerance policies towards human rights violations (See The Commonwealth Consensus Statement on Promoting Human Rights in and through Sport 27 October 2020. https://thecommonwealth.org/sites/default/files/inline/CW%20Consensus%20Statement-ADOPTED%20v2.pdf. Accessed 28 October 2021 and The CGF Transformation 2022 Refresh 3 September 2019 Page 31. https://thecgf.com/sites/default/files/2019-10/CGF_TRANSFORMATION%2022_BROCHURE_FINAL_16-08-19_LOW%20RES.pdf. Accessed 28 October 2021). The authors will speak to the current Chair of the AAC and the previous Chair of the AAC to ask some pertinent questions around what impact the 2020 AAC strategy can have in safeguarding participants from sport related human rights abuses. The interview will explore policy change, governance reforms and long terms strategies which can maximize the role of athletes in protecting, respecting and fulfilling the human rights of not just athletes but all involved in the delivery of the Commonwealth Sport movement.
      PubDate: 2022-01-17
      DOI: 10.1007/s40318-021-00208-9
       
  • UEFA’S financial fair play regulations: a good example of best practice
           governance by a sporting body'

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      Abstract: Abstract The Union of European Football Associations (UEFA) is the body that governs European football. In 2010 it introduced its Financial Fair Play (FFP) Regulations with the main aim of bringing financial stability to European football. This article examines UEFA’s FFP Regulations from good governance and ‘best practice’ perspectives. It finds that the setting-up, implementation and monitoring of the FFP Regulations by UEFA generally adhere to ‘best practice’ principles. However, recent cases in the Court of Arbitration for Sport have revealed several areas where changes to the regulations would be appropriate. In 2021 UEFA made some changes to its Procedural rules governing its Club Financial Control Body, which address some of the outstanding issues but there are still a number of areas where changes would be beneficial as these would provide greater clarity and transparency to its operation and enforcement and thereby promote more timely and cost-effective regulation.
      PubDate: 2022-01-17
      DOI: 10.1007/s40318-021-00207-w
       
  • O wild West Wind: What can a student-athlete named Alston teach global
           sports law'

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      PubDate: 2021-12-13
      DOI: 10.1007/s40318-021-00203-0
       
  • Gaps in the protection of athletes gender rights in sport—a
           regulatory riddle

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      Abstract: Abstract This paper examines the regulatory gaps in the protection of athletes’ gender rights in sport. The regulation of human rights in sport is increasingly being scrutinised and at the same time, the societal parameters of sex and gender identity are shifting. Together, these current developments present a regulatory riddle when determining how to balance the interests of sport with the protection of non-conforming athletes’ rights, who may not strictly fit into the binary categories of sport. Despite a strong human rights framework protecting gender rights, the complex relationship between law and sport leaves athletes in a vulnerable position, with limited accountability of sports bodies and restricted access to a legal remedy. Drawing upon existing recommendations, this paper offers original insight for resolving the riddle, such as the establishment of an anti-discrimination in sport unit to enforce human rights in sport.
      PubDate: 2021-12-01
      DOI: 10.1007/s40318-021-00182-2
       
  • Intent, substances of abuse, aggravating circumstances, protected persons
           and recreational athletes: does the World Anti-Doping Code 2021 provide
           proportionate sanctions'

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      Abstract: Abstract This paper examines the proportionality of sanctions in the World Anti-Doping Code 2021 (“Code 2021”). The author argues that Code 2021 improved the proportionality of sanctions compared to the World Anti-Doping Code 2015 (“Code 2015”), but problems persist. Sanctioning framework of Code 2021 introduces several provisions that modify the basic period of ineligibility and the margin of appreciation of hearing panels to reduce, but also aggravate the basic sanction. Since it would be practically impossible to cover all the modifications in one paper, the author analyses four groups of provisions converging in the criterion of fault that he considers the most fundamental novelties in terms of proportionality. The author argues that the new approach towards sanctioning of the ingestion, use or possession of substances of abuse is more suitable and proportionate compared to the one in Code 2015. Moreover, he considers the creation of two new categories of protected persons and recreational athletes and adjustment of their sanctioning a step forward compared to Code 2015 in terms of both suitability and proportionality. On the other hand, the author argues that hearing panels need to consider the difference between cheating and mere knowing to impose a proportionate sanction based on the revised definition of intentional presence, use or attempted use or possession of prohibited substances or methods that abolished the reference to “athletes who cheat”. Moreover, he claims that hearing panels should prefer shorter ineligibility to disqualification of only some competitive results to impose a proportionate punishment in cases involving aggravating circumstances and their combination with the disqualification of results. Overall, the text of Code 2021 is a good start to the race for the proportionality of sanctions. Nevertheless, hearing panels must keep the pace and ensure proportionate punishments in particular cases.
      PubDate: 2021-10-25
      DOI: 10.1007/s40318-021-00200-3
       
  • Independence and impartiality of sports disputes resolution in the UK

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      Abstract: Abstract Private sports governing bodies in the United Kingdom have the contractual freedom to organise their own sports tribunals and disputes procedures. There is no legislation in the UK that governs the form of a sports governing body’s dispute resolution procedure. The common law and, to a certain extent, other industry measures influence the structure of a disputes procedure within a private sports governing body. When establishing dispute resolution systems in self-regulating industries, there is potential for structural conflicts of interest to arise. Reporting mechanisms and adjudicatory processes may be structurally bias through, for example, the way appointments are made to a dispute resolution panel. There may be the suggestion of implicit bias of panel members because of the interests that control the appointment process. Even if no actual bias arises, the perception of bias can damage the engagement of stakeholders in a dispute process and damage the reputation of the sport with sponsors or the general public. The key is to minimise structural conflicts of interest and ensure that the process is independent and impartial. This article examines the challenges faced with organising sports dispute resolution procedures, the requirements of Article 6 of the European Convention on Human Rights and highlights the important factors that a sports governing body should consider when designing an independent and impartial dispute resolution system. It concludes with a discussion of whether the legal basis for sports dispute resolution in the UK requires reconsideration to provide certainty, independence, impartiality and, above all, to guarantee a fair hearing.
      PubDate: 2021-06-10
      DOI: 10.1007/s40318-021-00189-9
       
 
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