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  Subjects -> SPORTS AND GAMES (Total: 199 journals)
Showing 201 - 3 of 3 Journals sorted alphabetically
Слобожанський науково-спортивний вісник     Open Access  

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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  [2468 journals]
  • Responsible sport and state oversight: sports organisations as civil
           society organisations and private regulators in France and Germany

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      Abstract: Abstract The paper compares the legal frameworks of France and Germany as regards the dual nature of sports organisations and private regulators. The historical background, relevant constitutional and statutory law as well as current political and institutional arrangements are covered. Borrowing from a recent ISLJ paper by Rook, Prado and Heerdt, it uses the concept of ‘responsible sport’ to frame a discussion of oversight by the state, using France and Germany as two paradigmatically relevant case studies, although not as a discussion of corporate social responsibility but rather as one of accountability in the state-sport relationship.
      PubDate: 2023-12-06
       
  • Application of Swiss law and influence of Swiss protection of legal
           personality in international sport: a necessity to ensure equality of
           treatment among competitors'

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      Abstract: Abstract Sports law and Swiss law are closely connected. It is at first quite complex to perceive the real implications of Swiss law, in which way it applies as well as its concrete consequences in sport. To understand the relation between Swiss law and international sport, the present article will analyze the concepts, rules and principles of Swiss law which apply in this area (i.e., Swiss association law, contract law and protection of legal personality). Knowledge of Swiss law for athletes, teams and federation is fundamental. It is the first step to develop coherent and powerful strategy before the Court of Arbitration for Sport or internal judicial bodies of international federations. A general overview of the importance of Swiss law appears to be very valuable to understand the context of sports law. Also, the protection of legal personality as the core principle of sports law is of a primordial importance in sports law and it will be developed in this contribution. The specific influence of equality of treatment between athletes will be discussed, too. This principle is fundamental in sport and is one of the purposes of a uniform application of (Swiss) law in sport.
      PubDate: 2023-12-01
      DOI: 10.1007/s40318-023-00251-8
       
  • The status of transgender and intersex athletes in international sports
           federations

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      Abstract: Abstract This contribution is the fruit of numerous discussions with several practitioners and legal advisors within sports organisations in Switzerland, the United Kingdom and the United States, and aims to guide sports federations in the internal rules they must put in place following the recommendations of the International Olympic Committee in November 2021, with a reminder of the various regulations adopted in this area over the last 60 years.
      PubDate: 2023-11-29
      DOI: 10.1007/s40318-023-00250-9
       
  • To what extent is rule 50 of the Olympic charter valid' Balancing athletes
           freedom of expression and the mythical political neutrality of sport

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      Abstract: Abstract The right to freedom of speech and expression is a widely proclaimed right but far less protected, especially in the sporting arena. The compulsion to maintain political neutrality and autonomy of sports have resulted in various impediments to athlete’s freedom of speech and expression in sport. This right is restricted by the International Olympic Committee (IOC) through Rule 50 of the Olympic Charter. Rule 50(2) prohibits any demonstration or political, racial and religious propaganda in any Olympic sites, venues or other areas. Athletes with their expression, have the power to inspire. However, in the name of political neutrality, athletes who inspired generations with their protest against racial injustice, from John Carlos, Tommie Smith to Colin Kaepernick, faced suspensions for such activism. This paper analyses and questions the limitation imposed by Rule 50 on athletes to right to freedom of speech and expression. It is argued that the principle of political neutrality should not reign supreme over athlete’s right to freedom of speech and expression. In doing so, the paper contributes to the existing literature by substantially analysing the theoretical reasoning for protection of this right with in-depth analysis of the application of the proportionality principle that justifies the restrictions imposed on freedom of expression in a sporting context. From a policy perspective, the paper suggests for revision of Rule 50 and implementation of a remedy process mechanism to promote Olympics goal to further human rights and bring a positive reform.
      PubDate: 2023-11-27
      DOI: 10.1007/s40318-023-00249-2
       
  • Sports governance (in football) under attack

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      Abstract: Abstract The governance of sports and the role of sports governing bodies is at the centre of contemporary academic debates. This is because the status quo has come under attack in several high-profile court cases, especially those involving the International Skating Union (ISU) and the European Super League (ESL). This article provides a critical reflection on the current state of affairs, as viewed through the lens of these cases, and presents suggestions for reform.
      PubDate: 2023-11-17
      DOI: 10.1007/s40318-023-00253-6
       
  • Human rights and the Olympic Charter

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      PubDate: 2023-11-15
      DOI: 10.1007/s40318-023-00254-5
       
  • Throwing a lifeline to an old sport: a modern review of the
           America’s Cup Deed of Gift

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      Abstract: Abstract It has been more than 13 years since the end of the last major America’s Cup litigation in 2010. Regrettably, the world’s oldest ongoing international sport is still yet to recover from the effects of that litigation with fewer competitors competing for the Cup since. Is there a better way to resolve competitor disputes when there are no agreements in place to arbitrate, without the risk of again damaging this historic sport' The Deed of Gift governing the competition, without analysis or argument has been assumed by litigants and the New York courts, to create a New York-based charitable trust. The majority of the New York Court of Appeals in their Mercury Bay judgment of 1990 questioned this characterisation in a brief footnote, but since then the New York courts have continued to rely on the same assumption, according to the majority, simply because “none [of the Mercury Bay] of the litigants have raised it”. This paper reviews the Deed and finds it suffering from legal deficiencies that perhaps call into question the Deed’s status as a legal document and as a charitable trust. These deficiencies also raise the question of whether the mid-nineteenth century Donors of the Cup had legal intent but perhaps intended a gentlemen’s agreement, binding only in honour, rather than at law to be enforced in the civil courts' The paper also explores how the Donors intended competitor disputes are to be resolved and finds that there is a dispute resolution provision hidden within the terms of the Deed, which is likely to be in the best interests of the sport, if it were to be to applied, in place of litigation in a courtroom.
      PubDate: 2023-09-11
      DOI: 10.1007/s40318-023-00238-5
       
  • Creating equality through differentiation in doping control

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      Abstract: Abstract Awareness of human rights and related principles, such as equality and non-discrimination, is growing in sports. While debates on doping regulation typically target the contours of the prohibition and the sanctioning regime, much less attention has been given to how anti-doping detection impacts the level playing field, i.e. whether equality is realised in the manner in which the substances and methods are detected in athletes’ samples, or whether athletes are all equal when it comes to the analytical cut-offs that the regulations set. This article seeks to fill this gap and explores the implications of differentiation—or non-differentiation—in anti-doping detection for principles of equality and non-discrimination. After discussing notions related to equality in anti-doping detection, the article presents case studies from current anti-doping analytics, to make differentiation in that context tangible. Based on case law of the European Court of Human Rights, the Swiss Supreme Court and the Court of Arbitration for Sport, we submit that anti-doping authorities should resort to an operational ‘discrimination test’ when drafting technical regulation for anti-doping, in order to incorporate these principles ‘by design’ into the detection system. The article also demonstrates that—apparently—technical rules are not value-neutral, but that scientific data and policy choices are entwined in a way that warrants debate on the political scene, and creates duties of transparency and justification on part of the decision-makers.
      PubDate: 2023-09-04
      DOI: 10.1007/s40318-023-00245-6
       
  • Regulating the concussion crisis in sports: Canada’s initiative to
           bring prevention into focus

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      Abstract: Abstract The twenty-first century has revealed the existence of a concussion crisis in sports. The crisis is of global reach, and Canada is no exception. In recent years, the Canadian government joined citizens in recognizing sports concussion as a major public health issue. A parliamentary committee investigated the crisis, reported findings, and made recommendations which the government accepted. As far as legal responses to the sport concussion crisis, new among the recommendations was a call-to-action on prevention (Recommendation 13). Since there remains no medical cure for concussions, the government agreed with the view of injured former athletes and injury prevention advocates that prevention is paramount. However, government reports reveal little progress thus far in implementing prevention measures. We confirmed this through an interview, as well as surveys of sports-governing bodies. Our findings show that legal responses continue to focus on previously identified objectives of concussion research, raising awareness, and concussion management—fronts on which substantial progress had already been made over the preceding decade-and-a-half. The article observes that Recommendation 13 calls on government to work with sports bodies on sport-specific prevention measures; however, the government lacks significant experience from its prior work on research, awareness and concussion management protocols with those types of directed collaborative regulatory mechanisms that would most likely be effective for prevention. The article, therefore, examines a range of such mechanisms that the Canadian government could use to make more significant headway on prevention of concussions, as the next phase of its efforts to counter the concussion crisis in sports.
      PubDate: 2023-09-01
       
  • A victory for Caster Semenya—but still no right to compete

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      PubDate: 2023-09-01
      DOI: 10.1007/s40318-023-00247-4
       
  • Challenges of legal structure and judicial principles governing the
           Statutes of the Iranian Football Federation

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      Abstract: Abstract This paper aims to examine the legal framework and principles governing the Statutes of the Iranian Football Federation [FFIRI (The acronyms FFIRI and IRIFF have been interchangeably employed in various correspondences involving the AFC and FIFA). The FFIRI Statutes, which defines and explains the legal structure of the organization, is central to the establishment of judicial principles governing the football organization. It serves as the official framework for establishing substantive legal principles, and as such, is subject to challenges. The challenges surrounding the FFIRI Statutes are primarily concentrated around three main areas: sports-related laws, legal structure definitions in the Statutes, and the jurisdiction of judicial bodies within the Football Federation. In this article, a comparative analysis of the latest version of the FFIRI Statutes with its previous version is presented to assess the resulting improvements and shortcomings, as well as identify any remaining unaddressed issues, both in terms of form and substance.
      PubDate: 2023-08-02
      DOI: 10.1007/s40318-023-00246-5
       
  • The Super League, the European Sports Model and antitrust law

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      Abstract: Abstract The ECJ's Super League proceedings are keeping sports antitrust law busy. The author outlines the European Sports Model of Art. 165 TFEU and its relevance for the antitrust review of sports association regulations. Furthermore, the opinion of Advocate General Rantos is assessed from the author’s point of view.
      PubDate: 2023-08-01
      DOI: 10.1007/s40318-023-00244-7
       
  • A comparative study on the viewership of different professional leagues in
           India

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      Abstract: Abstract Many new sports markets, particularly in developing nations, have seen the rise of sports leagues for about the first time. This may be the first study to look into sports leagues in their early stages of development and discover elements that contribute to their success. As a result, the characteristics of professional sports league viewership growth in India are estimated in this study. The impacts of team quality and outcome uncertainty on the characteristics of selected professional sports league attendance in India are investigated in this study. The main goal of the study was to compare the viewership of different professional leagues, i.e., Indian Premier League (IPL), Pro Kabaddi League (PKL), Indian Super League (ISL), and Pro Wrestling League (PWL). The secondary data of the first 5 years of the viewership of these leagues were taken to compare their success, which was obtained from different sources like BRAC reports, leagues’ websites, news articles, Duff and Pheleps reports, and team sports stars. The data on the Viewership of the leagues were recorded in a population of millions. Further, study the sociological and economic factors influencing watching pro-league sports. With the raw data structure of the dependent variable and independent variable considered in this study, the Tobit model was used. Further, descriptive statistics were used to analyze the viewership. Viewership (population in millions), increased viewership (population in millions) all the year, and increased viewership percentage difference (between the years) were represented in separate tables of all the mentioned leagues. Based on the results and findings, it was concluded that the Pro Kabaddi League witnessed the highest viewership (i.e., in the first 5 years of the league) in contrast to the Indian Premier League, Indian Super League, and Pro Wrestling League which are discussed in a detailed manner. As a result, the consequences of team management and league policy are examined, as well as future study objectives on professional sports leagues and viewership demand.
      PubDate: 2023-08-01
      DOI: 10.1007/s40318-023-00243-8
       
  • Smashed vials, fair trials' Sun Yang and procedural fairness at the court
           of arbitration for sport

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      Abstract: Abstract In World Anti-Doping Agency v Sun Yang & Fédération Internationale de Natation (Sun Yang), the Court of Arbitration for Sport (CAS) sanctioned China’s most successful swimmer with an eight-year period of ineligibility for intentionally interfering with a blood sample collection attempt in violation of the World Anti-Doping Code; a decision that was later partially overturned. This hearing was afflicted with translation and bias issues that undermined public confidence in the legitimacy of the award, and in CAS arbitrations more broadly. Employing the lens of global administrative law (GAL), this article assesses the extent to which the CAS hearing lacked procedural fairness. It argues that, while the hearing procedures in Sun Yang complied with CAS protocol, there is scope for reform that draws further on administrative law principles to ensure greater procedural fairness protections and improve the legitimacy of all CAS awards.
      PubDate: 2023-07-11
      DOI: 10.1007/s40318-023-00242-9
       
  • Doping in eSports: need for a techno legal synchrony

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      Abstract: Abstract Mankind has taken its due course of time to evolve to what we are today biologically, but technologically, we have advanced at a pace that cannot be matched. There is an ongoing debate as to whether eSports should even be considered as sports (Todt et al. in J Hum Sport Exerc, 2020, https://doi.org/10.14198/jhse.2020.15.Proc1.10) but with the increase in number of professional tournaments being held and investments flowing, eSports are practically similar to physical sports. Recently Intel even announced a professional tournament for Street fighter V and Rocket league, in collaboration with the International Olympic association, called Intel World Open, which was supposed to be a pre-Olympic event for Tokyo 2020 (The tournament has now been shifted to 2021 due to the ongoing pandemic COVID-19). The field of eSports also suffer from problems that physical sports do, and one of the major problems is cheating by doping. Since there is a difference in physical sports and eSports in the way they are played, the doping methods are very different as in the former more strength and/or agility enhancing doping agents are used to cheat, while in the latter its mostly mental ability enhancing dopants. Along with such traditional doping, eSports also suffers from the problem of mechanical doping, as a participant in eSports is a combination of a machine and the human, thus, unlike physical sports, anti-doping regulations of WADA or NADA are not adequately efficient in eSports. Although there exists multinational organisations such as ESIC or the IeSF, there is a lack of uniformity that most physical sports enjoy. IeSF, the body with the greatest number of national federations as members, applies WADA regulations as a whole, even though many of those regulations can have zero effect on the performance of a player in eSports. There is a need for a single International eSports Regulatory authority/federation for which inspiration can be drawn from other regulatory authorities like FIDE or FIFA. The paper seeks to understand the impact of doping in eSports and suggest some solution(s) for the same.
      PubDate: 2023-07-03
      DOI: 10.1007/s40318-023-00236-7
       
  • The regulation of threshold levels for prohibited substances in the world
           anti-doping program

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      Abstract: Abstract Technological advancements in the equipment and laboratories used by anti-doping bodies means that minute levels of prohibited substances can be detected in an athlete's blood or urine. This had led to an increase in athletes testing positive for prohibited substances where the quantity of that substance in the athlete's sample is very low. This article will consider the role that decision limits and minimum reporting levels play with respect to prohibited substances identified in the World Anti-Doping Program. Recent CAS awards are analyzed to determine whether, and how, the issue of threshold requirements for prohibited substances should be further regulated.
      PubDate: 2023-07-03
      DOI: 10.1007/s40318-023-00241-w
       
  • Protecting human rights in sport: is the Court of Arbitration for Sport up
           to the task' A review of the decision in Semenya v IAAF

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      Abstract: Abstract In light of observed deficiencies in democratic accountability of SGBs (Freeburn, Regulating international sport, power, authority and legitimacy, 2018; Freeburn, SSRN Electron J, 2020; Geeraert, Sports Governance Observer 2015, 2015) and limitations of other forms of accountability, this article argues that there is a need for robust legal scrutiny of the decisions of SGBs when it comes to potential human rights infringements. However, the governing structures of many sports, the typically insular mechanisms of dispute resolution and the lack of ‘reach’ of human rights instruments combine to create an environment where avenues to seek redress for perceived human rights interferences by SGBs are limited. As human rights concerns proliferate in sport, the Court of Arbitration for Sport (CAS), as the current de facto ‘supreme court’ for sport, is likely to have an increasingly important role to play in considering, determining and framing human rights norms in a sporting context. Yet, it has been suggested that the CAS, as currently constituted, is ill equipped to play such a role (Krech, Int Sports Law Rev 3:66–76, 2019; Heerdt, The court of arbitration for sport: where do human rights stand', 2019; Ruggie, FIFA and human rights, 2016). This article considers the recent litigation in Semenya v IAAF as a paradigmatic example of sporting self-regulation and potential interference with substantive human rights and evaluates whether the CAS’s approach reflects such concerns. In doing so, the article considers whether the ‘intensity of the review’ (Rivers, Cambridge Law J 65:174–207, 2006) of the IAAFs justifications for discrimination undertaken in Semenya was sufficient. It is argued that the Semenya litigation raises important wider concerns about a possible lacuna in accountability for SGBs with regard to decisions that result in human rights infringements.
      PubDate: 2023-06-15
      DOI: 10.1007/s40318-023-00239-4
       
  • Legal recommendations and psychological advice sports administrators can
           implement in the next pandemic

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      Abstract: Abstract The COVID-19 pandemic exposed sports administrators’ lack of crisis management preparedness and athletes, coaches, and support staff’s lack of mental preparedness for a pandemic. Sports administrators were in the unenviable position of having to protect the health of their athletes, staff, and the wider population by preventing the spread of the COVID-19 disease with restrictive policies, such as bio-bubbles and quarantines, while at the same time not restricting anyone’s liberty and unalienable rights to pursue happiness. This article informs sports administrators how to balance health instructions from regulatory bodies with measures protecting individual liberty. It provides sports administrator’s legal recommendations they can follow and psychological advice that they can pass on to their athletes, coaches, and support staff. The article also explains to coaches and support staff how to manage, and athletes how to successfully cope with, future bio-bubbles, quarantines, and the next pandemic.
      PubDate: 2023-06-12
      DOI: 10.1007/s40318-023-00240-x
       
  • A big thank you and looking to the future

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      PubDate: 2023-05-15
      DOI: 10.1007/s40318-023-00237-6
       
  • Quotas, disclosure, and a rule called Rooney: diversity and the NFL as a
           corporation

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      Abstract: Abstract In recent regulatory memory, we have seen several tools proposed to enhance boardroom diversity. Scholars situate these tools on a spectrum between “hard” and “soft,” with quotas at the former end and disclosure at the latter end. In 2003, the Rooney Rule, an NFL policy, entered the scene. The Rule mandates that when a head coach vacancy arises, teams must interview at least two racialized candidates. Can the Rule fill the space between quotas and disclosure on the regulatory spectrum' In proposing a response, I draw on and compare corporate legal, sociological, and critical race theory and commentary. I evaluate the Rule as a “third way” to diversify hiring practices by conducting a literature review and analysis. My research seeks to determine the most useful approaches to examining how the Rule has redefined hiring within the NFL and whether the Rule can be applied to Silicon Valley.
      PubDate: 2022-12-30
      DOI: 10.1007/s40318-022-00232-3
       
 
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  Subjects -> SPORTS AND GAMES (Total: 199 journals)
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Слобожанський науково-спортивний вісник     Open Access  

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