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  Subjects -> SPORTS AND GAMES (Total: 199 journals)
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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  [2469 journals]
  • Correction to: Extending the duty of care to achieve justice for abused
           match officials

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      PubDate: 2022-09-12
       
  • Remedy and redress for sport-related human rights abuses

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      PubDate: 2022-08-25
       
  • Extending the duty of care to achieve justice for abused match officials

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      Abstract: Abstract The welfare of participants in sport has historically been treated with lesser significance than other, largely commercial, considerations. In recent years, the wellbeing and treatment of athletes has come under the glare of the media and the public, due to a number of high-profile and deeply troubling claims of mistreatment and abuse whilst participating in sport. As result, there has been much support from stakeholders for the plight and well-being of athletes, indeed such concerns led to the commissioning of a “Duty of Care” report in the United Kingdom by former Paralympic athlete, Baroness Tanni Grey-Thompson. Her report was published in April 2017 and covered a number of important areas, including safeguarding and mental welfare. Although the focus was on athletes, there are a number of other participants in sport to whom a duty of care is, or should arguably, be owed. This article contextualizes the position in the UK and elsewhere in world when it comes to participants, the law and duty of care, focussing the analysis to a group of participants who do not garner the same attention: match officials. The author himself is a former football and current rugby union referee. The article shall consider how recent developments in national laws and sporting regulations may well extend the legal duty of care to protect match officials from what has become widespread and unacceptable levels of abuse and ill treatment by athletes and other stakeholders, as well as the options for remedy and redress.
      PubDate: 2022-08-24
       
  • Contesting the autonomy of sport to realize the right to safe sport: a
           Canadian case study

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      Abstract: Abstract The realization of human rights in sports traditionally placed its trust in voluntary adherence by and the protection of national and international sports bodies. The United Nations High Commissioner for Human Rights recently reported that there is no existing mechanism to assure compliance by the International Olympic Committee and the International [Sport] Federations. While many nation states have established human rights enforcement mechanisms, sports bodies still claim ‘the autonomy of sports.’ Each time the protection of human rights is sought to eliminate a violation, it touches off protracted debate in both governments and sports about how to address it. This paper examines the long campaign to establish an independent, government-mandated mechanism to eradicate gender-based violence (GBV) and other forms of maltreatment in Canadian sports. For almost 30 years, athletes and researchers have urged governments to create such an independent mechanism, while the major sports bodies claim the autonomous ‘right’ to regulate themselves. Until very recently, the government agency, Sport Canada, has acquiesced with their claims to self-regulation. The debate intensified recently in response to a series of high-profile abuse cases, research showing that ‘self-regulation’ has not worked, and a new wave of athlete activism. While Sport Canada has recently made a new “independent” approach mandatory for federally funded sports bodies, the exact structures remain to be determined.
      PubDate: 2022-08-01
       
  • Correction to: Daily fantasy sports and the law in the USA

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      PubDate: 2022-07-21
       
  • To what extent is the law of the Olympics constitutionalised' A global
           constitutionalist reading of the International Olympic Committee

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      Abstract: Abstract This study aims to examine the legal order of the Olympics by providing a comprehensive but self-limited literature on global constitutionalism. It provides a thorough understanding of the varied perspectives of global constitutionalism, by presenting a rich seam of a combination of the different global constitutionalist stances that are grouped by similarities concerning their line of thought. By focusing on the representative of various camps of global constitutionalism, the study applies these perspectives to the system of the Olympic Movement prescribed by the Olympic Charter. The study, initially, has the purpose of presenting the perspectives of prominent global constitutionalist scholars in relation to the main discussion points of global constitutionalism. After establishing the meaning and requisites of a global constitutionalist order, its ultimate aim is to provide the constitutionalist reading of the law of the Olympics concerning its legal framework and actors and determine the extent of constitutionalisation of the Olympic Movement.
      PubDate: 2022-07-14
      DOI: 10.1007/s40318-022-00224-3
       
  • The case against the criminalization of doping

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      Abstract: Abstract Over the past two decades, several states have enacted legislation criminalizing the use of performance-enhancing drugs in sports, otherwise known as doping. The decision to criminalize doping raises an important question: ‘Is the criminalization of doping use justifiable'’ In an attempt to justify a criminal response, proponents of the criminalization of doping use have advanced various arguments such as arguments from fraud, health risk, and protection of the integrity, image and value of sports. This paper presents counter-arguments that plead against the criminalization of doping and critically evaluates whether any of the said arguments justifies the criminalization of doping. It is argued that none of the proposed justifications provides sufficient reason, let alone a compelling case, to criminalize doping use. It is also concluded that a criminal response is disproportionate, unnecessary, and impractical. If sound, this implies that the criminalization of doping use is unwarranted and potentially contributes to the crisis of ‘over-criminalization.’
      PubDate: 2022-07-12
      DOI: 10.1007/s40318-022-00223-4
       
  • Evolution of CAS human rights jurisprudence: observations from Keramuddin
           Karim v. FIFA

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      Abstract: Abstract This essay seeks to analyze certain elements in the 2020 Court of Arbitration for Sport award in Keramuddin Karim v. Fédération International de Football Associations (CAS 2019/A/6388, award dated July 14, 2020) where the former President of the Afghan Football Federation was sanctioned for offences including sexual abuse of Afghan footballers. Against the backdrop of increasing visibility of and focus on safeguarding of sporting bodies in the recent past, this essay looks at three aspects: (1) the definition and constitution of the offence; (2) select evidentiary matters of standard of proof, anonymous witness statements and due process; and (3) sanctioning—contextualizing them against a non-criminal, arbitration forum’s human rights jurisprudence as it currently stands. Concluding observations made include a dearth of robust provisions in applicable regulations, but the possibility to read rights into them, and the necessity of nuanced, perhaps unconventional, approaches to evidentiary standards and sanctioning.
      PubDate: 2022-06-20
      DOI: 10.1007/s40318-022-00219-0
       
  • Examining procedural fairness in anti-doping disputes: a comparative
           empirical analysis

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      Abstract: Abstract While the principles of procedural fairness apply in anti-doping disputes pursuant to Article 8 of the Word Anti-Doping Code, 2021 (the Code), there has been limited research assessing whether due process requirements are applied consistently by national anti-doping tribunals. This paper investigates the extent to which the procedural requirements set out under the Code are followed in practice, with a focus on India, New Zealand and Canada, facilitating comparison between developed and developing jurisdictions. By providing an evidence-based examination of first instance anti-doping procedures, this study confirms existing theories on the overall lack of harmonization in anti-doping procedures. We undertook a frequency analysis on the full-text awards handed down by first instance anti-doping tribunals in the comparative jurisdictions and the findings highlight inconsistent application of timeliness requirements and access to legal representation. Critically, in India, disputes take significantly longer to be resolved than in Canada and New Zealand, while far fewer Indian athletes are represented by legal counsel. In all jurisdictions, athletes who were represented by counsel were more likely to see a reduction in their sanctions. The study provides empirical evidence of systemic issues associated with timeliness and access to justice in anti-doping tribunals across jurisdictions and reinforces the need to focus on capacity building and enforcement of procedural safeguards, especially in developing countries. Practical recommendations include strategies to better achieve compliance and harmonization in protecting the procedural rights of athletes, particularly those athletes affected by the current application of the Code where cultural and socio-economic barriers may exacerbate procedural issues.
      PubDate: 2022-06-10
      DOI: 10.1007/s40318-022-00222-5
       
  • VAT chargeability of football intermediaries’ commissions in EU Law, in
           the light of the EU–UK Trade and Cooperation Agreement

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      Abstract: Abstract This article discusses the Value-Added Tax (VAT) discipline relating to the representation services offered by football intermediaries in the contractual negotiation of the employment contract between the player and the club(s). The analysis is carried out taking into consideration the relevant legislative provisions of European Union (EU) law as well as the case law of the European Court of Justice (ECJ) and the findings of the EU VAT Committee. The VAT discipline of representation services provided by football intermediaries is first analyzed in light of the EU legislative acts regulating the different legal figures of intermediation contracts and the effects on the EU internal market. Then, the legal nature of the “intermediation commission”—as the VAT chargeable event—and the “place of supply of the intermediation service”—as the place of taxation—as qualified by EU tax law, are studied. Finally, the EU–UK Trade and Cooperation Agreement (TCA) provisions regarding VAT chargeability of intermediation services are analyzed. The article concludes arguing that, at the moment, it does not seem that the TCA has specifically reformed the regulation of the VAT chargeability of the intermediation commission received by football agents for their representation services in negotiating an employment contract between the player and the club(s).
      PubDate: 2022-06-07
      DOI: 10.1007/s40318-022-00216-3
       
  • Children’s right to play sports in a safe and healthy environment

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      Abstract: Abstract According to the United Nations Convention on the Rights of the Child (CRC), every child has a right to practise sports in a healthy, safe environment (art. 19). However, research indicates that child athletes experience various forms of violence in sports. Violence is particularly harmful to children, as the effects may be significant and long lasting. In addition, children often have difficulty identifying and reacting to violence. In this article, we first aim to shed light on the prevalence and implications of violence towards child athletes in sports. By child athletes, we mean athletes under the age of 18 (CRC art. 1). Thereafter, we discuss the following questions: (1) How does the CRC protect children in sports' (2) Can children’s rights be effectively protected through sports self-regulation of sports bodies and legal remedies' (3) Who is responsible for safeguarding children’s rights in sports' To answer these questions, we employ a multidisciplinary perspective that combines jurisprudence and sport psychology. In summary, we conclude that the CRC unequivocally prohibits all violence against children in all sectors of society, including sports. The responsibility for enforcing this prohibition lies with both member states and sports bodies. It is always the responsibility of adults. The full realisation of children’s rights requires action on multiple fronts, including legislation, information, education and resources.
      PubDate: 2022-06-07
      DOI: 10.1007/s40318-022-00217-2
       
  • The potential of restorative justice in advancing safe sport

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      Abstract: Abstract This article introduces the potential application of restorative justice in addressing sexual violence and abuse in sport. The suggested framework aims to strengthen existing safeguarding measures in sport organisations. Without proper oversight, abuses within the sport industry are often unidentified, concealed by various stakeholders, resulting in victims suffering much pain. Such suffering, however, contradicts any sporting goals, as abuse tends to result in long-term trauma, permanently scarring the victim, and potentially affecting their performance in sports. Exploring the situation from a victim’s perspective, this article discusses restorative justice, a theory of justice that places the victim at the centre of the resolution model. Restorative justice, which gained its popularity within the criminal justice system, has evolved over time. The principles, values and practices have been applied in various situations, including organisations. Though restorative justice is frequently used to address the aftermath of a conflict or a crime, this article suggests incorporating restorative justice in advancing safe sport.
      PubDate: 2022-06-02
      DOI: 10.1007/s40318-022-00218-1
       
  • Lost in translation' The European Convention on Human Rights at the
           Court of Arbitration for Sport

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      Abstract: Abstract The Court of Arbitration for Sport (CAS) is not known as a human rights court. Instead, its primary focus is on applying and interpreting the regulations of international (and sometimes national) sport governing bodies (SGBs). It is only recently that the intersection between the CAS jurisprudence and human rights has become of interest in the academic literature and public debates. In particular, the Mutu and Pechstein decision of the European Court of Human Rights (ECtHR) in October 2018 made clear that the CAS does not escape the indirect scrutiny of the Strasbourg court. Nevertheless, until today, very few publications have been dedicated to the interplay between the European Convention on Human Rights (ECHR) and the CAS. This paper aims to contribute to remedying this want by charting the CAS awards in which a reference to the ECHR or a decision of the ECtHR was made and tracing the impact and function of such references in the CAS jurisprudence. The findings highlight the various functions of the references to the ECHR in CAS awards, the discrepancies between some of the interpretations of the ECHR advanced by the CAS and the ECtHR’s own understanding of the Convention, and the limited success of appellants to challenge SGBs’ decisions on the basis of the ECHR. The paper concludes by arguing that the CAS would need to be institutionally reformed in order for human rights to act as an effective check on the transnational power of SGBs in CAS proceedings.
      PubDate: 2022-06-01
      DOI: 10.1007/s40318-022-00221-6
       
  • The quest for harmonisation in anti-doping: an Indian perspective

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      Abstract: Abstract The World Anti-Doping Agency aims to promote clean sport through the introduction and implementation of harmonised rules under the World Anti-Doping Code, 2021 (the Code). Since WADA relies heavily on National Anti-Doping Organisations to implement the Code, the experience of anti-doping differs across countries. Some scholars argue that the current framework disproportionately impacts athletes from developing countries. This paper contributes to this debate by analysing systemic issues in the implementation of the Code in one such country—India. The legitimacy of anti-doping in India has been questioned as a result of the recent suspension of the National Dope-Testing Laboratory, a series of false positive tests, accusations of significant procedural and substantive errors by domestic tribunals, and access to justice challenges. Given the prevalence of doping in India, alongside the accumulation of recent controversies and push for reform, a deeper analysis of anti-doping in the country is warranted. The lack of compliance in India with certain requirements set out in the Code, as well as the failure to meet “best practice” standards set by other jurisdictions, is evidence that there is a lack of harmonisation in implementing anti-doping rules and procedures across countries. This paper contributes to the debate on the impact that a lack of harmonisation in the implementation of the Code can have on the legitimacy of the anti-doping framework. From a policy perspective, the proposed research agenda and recommendations can be applied to promote reform in India and other jurisdictions, especially in developing and emerging countries.
      PubDate: 2022-05-25
      DOI: 10.1007/s40318-022-00220-7
       
  • An analytical study of the human rights concerns before the CAS with
           reference to Caster Semenya

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      Abstract: 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
      DOI: 10.1007/s40318-022-00214-5
       
  • Taming of the megalomaniac institution: perspectives on regulating the
           unbridled powers of the BCCI

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      Abstract: 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
      DOI: 10.1007/s40318-022-00215-4
       
  • Grievance mechanisms and challenges to ensuring effective remedies for
           athlete abuses in Japan

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      Abstract: 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
      DOI: 10.1007/s40318-022-00212-7
       
  • 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
      DOI: 10.1007/s40318-022-00210-9
       
  • 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
      DOI: 10.1007/s40318-021-00196-w
       
  • 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
      DOI: 10.1007/s40318-021-00194-y
       
 
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