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- A big thank you and looking to the future
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PubDate: 2023-05-15
- Quotas, disclosure, and a rule called Rooney: diversity and the NFL as a
corporation-
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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
- So long, farewell, aufwiedersehen: and thanks for all the fun!
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PubDate: 2022-12-01
DOI: 10.1007/s40318-022-00234-1
- Competition manipulation in international sport federations’
regulations: a legal synopsis-
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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: 2022-12-01
DOI: 10.1007/s40318-022-00210-9
- 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: 2022-12-01
DOI: 10.1007/s40318-022-00214-5
- Which states parties should be held responsible for the implementation of
positive obligations under the ECHR in sports-related disputes'-
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Abstract: In sports society, awareness of human rights protection has gradually developed and sports governing bodies, such as the International Olympic Committee (IOC) and the Fédération Internationale de la Football Association (FIFA), have striven to commit the implementation of human rights guaranteed by internationally recognised human right treaties in the international community. However, human rights law cannot directly impose any legal obligations on sports governing bodies because they are non-state actors established by domestic private law. In this situation, how can international human rights law apply to the private relationship between non-state actors' According to the European Convention on Human Rights (ECHR), state parties must implement positive obligations to protect individuals against any violations caused by non-state actors within the jurisdiction. To implement the positive obligations under the ECHR, it is necessary to identify which state parties should be held responsible for the implementation in sports-related disputes because, in Mutu and Pechstein v. Switzerland, athletes claimed a violation of the ECHR against Switzerland on the ground that the Court of Arbitration for Sport (CAS) is located in Lausanne, Switzerland. However, it should be considered that Switzerland is not be liable for all violations of the ECHR’s rights caused by another state party. In light of this, the purpose of this article is to identify a hypothetical standard for determining which state parties should be held responsible for implementing the positive obligations under the ECHR.
PubDate: 2022-12-01
DOI: 10.1007/s40318-021-00202-1
- UEFA’S financial fair play regulations: a good example of best practice
governance by a sporting body'-
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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: 2022-12-01
DOI: 10.1007/s40318-021-00207-w
- Sport, Sexual Violence and the Law: A Feminist Critique and Call to Action
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Abstract: Sport is a microcosm of society. In this connection, in as much as there are reasons to celebrate individual athletic prowess and the undeniable contribution of sport to the maturation of communities, sport, like the broader society, contends with many ills, not least sexual violence. Although various sporting organizations and governments have, in the last 2 decades, adopted legislative instruments and Codes of Ethics and established various institutional mechanisms to combat the scourge of sexual violence, sport remains a hot bed for sexual violence, intimidation, reprisals and indignity in many jurisdictions. This article accordingly interrogates, from a Feminist Perspective, recently decided cases to illustrate how sexual violence committed against women and girls in the sporting context reflects a broader deeply entrenched system of patriarchy, characterized by a culture of silence, indifference, and abuse of authority. It concludes by calling on all concerned in the governance, administration, and practice of sport to redouble their efforts to address the growing problem of sexual violence in sport.
PubDate: 2022-11-11
DOI: 10.1007/s40318-022-00230-5
- Correction to: Remedy and redress for sport‑related human
rights abuses-
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PubDate: 2022-11-02
DOI: 10.1007/s40318-022-00233-2
- Responsible sport: no going back
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Abstract: This article explores the nature and extent of the human rights responsibilities of Sports Governing Bodies (SGBs). The relationships between SGBs and other actors in the sports ecosystem have increasingly become viewed through a human rights lens, with a particular focus on responsibilities as defined in the United Nations (UN) Guiding Principles on Business and Human Rights (UNGPs), with the UNGPs now acknowledged as the authoritative framework and roadmap for SGBs on human rights. Progress in this regard has been mixed. Some SGBs have demonstrated resistance to embracing international human rights norms and standards, arguing that the UNGPs are non-binding and apply only to commercial actors, whereas sports organisations are mostly non-profit organisations with a high degree of autonomy. Others have chosen a different path, becoming pioneers in applying the UNGPs not only to Mega Sporting Events (MSEs), but also to their policies, governance mechanisms and operations. In recent years, two complementary trends have been observed: the UNGPs have become increasingly crystallised in cases and legislation in a number of jurisdictions and States have intervened in sports-related issues on the basis of their duty to protect affected groups where national sports bodies have not complied with international human rights norms and standards. Rather than presenting a challenge to the world of sport, embracing human rights responsibilities should be seen as an opportunity to underpin the value of sport, retain the trust of stakeholders and maintain a social license to operate under the commitment to a responsible autonomy.
PubDate: 2022-11-02
DOI: 10.1007/s40318-022-00231-4
- Correction to: Extending the duty of care to achieve justice for abused
match officials-
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PubDate: 2022-09-12
DOI: 10.1007/s40318-022-00229-y
- UEFA and the Super League: who is calling who a cartel'
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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: 2022-09-01
DOI: 10.1007/s40318-021-00201-2
- 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: 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: 2022-09-01
DOI: 10.1007/s40318-021-00206-x
- By what standard' Speech-related conduct issues in globalised sports
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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: 2022-09-01
DOI: 10.1007/s40318-021-00204-z
- Macolin and beyond: legal and regulatory initiatives against match
manipulation-
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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: 2022-09-01
DOI: 10.1007/s40318-021-00205-y
- Correction to: Daily fantasy sports and the law in the USA
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PubDate: 2022-07-21
DOI: 10.1007/s40318-022-00226-1
- To what extent is the law of the Olympics constitutionalised' A global
constitutionalist reading of the International Olympic Committee-
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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: 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
- Examining procedural fairness in anti-doping disputes: a comparative
empirical analysis-
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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: 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
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