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Sport and the Law 2nd ed

ISBN13: 9781911611196
To be Published: February 2021
Publisher: Clarus Press
Country of Publication: Ireland
Format: Paperback
Price: £36.00

Sport and the Law, Second Edition is a full revised, expanded and updated since its first publication in 2010.

This book documents the interaction between law and sport. In recent years there has been an increased involvement of the law as it applies sport. The professionalisation and commercialisation of sport has brought with it a number of legal issues, from disputes arising from a contacts or sponsorship deals; or doping allegations; or injuries sustained on the sports field.

The traditional approach to sports governing bodies has been to view them as autonomous and private associations and thus immune from the intervention of the law. This view does not reflect the reality. Sport is an industry which accounts for around three percent of the European Union’s (EU) Gross Domestic Product (GDP). A number of recent scandals at international level including, the International Association of Athletics Federations (IAAF) and corruption and extortion in the wake of widespread doping of Russian athletes and the Fédération Internationale de Football Association (FIFA) and the indictment of a number of officials on charges of racketeering and money-laundering. At a national level, the Olympic Council of Ireland (OCI) and its former President, Pat Hickey were the subject of a non-statutory inquiry following the incarceration of Hickey in a Rio prison for allegedly touting Irish allocation tickets. The Irish Athletic Boxing Association (IABA) and the resignation of Billy Walsh, the head coach of the high-performance unit culminated in a meeting of the Joint Committee on Transport and Communications. These scandals have highlighted the importance of good governance and as a corollary the need for public confidence to be restored. The law has a role to play, however, the extent of its involvement has been the subject of academic discourse.

Sport and the Law identifies the main legal concepts and draws on case law and legislation from Ireland and adopts a comparative methodology as it examines other jurisdictions including England and Wales, Canada and Australian. It covers topics including:

  • Sports governance at domestic and international level;
  • Sports law or sport and the law, the extent to which the law should involve itself in sporting matters, sources of law and the definition of a sport with a discussion of the recent Court of Justice of the European Union’s (CJEU) decision in the case of The English Bridge Union Limited v Commissioners for Her Majesty’s Revenue & Customs;
  • Violence in sport and the application of the criminal law with a focus on the GAA, Ice Hockey and the response of the Canadian authorities and courts, boxing and Mixed Martial Arts (MMA);  Civil liability and sport and its application to participants, referees, medics and coaches;
  • Drugs in Sport: the Irish Sport Anti-doping rules and decisions of the Irish Sport Anti-Doping Disciplinary Panel, the GAA and doping, the World Anti-Doping Agency (WADA) and technological doping;
  • Eligibility issues: athletes with differences of sex development, gender testing and transgender athletes;
  • Commercial issues and sport: athletes as employees and independent contractors, contract law and its application to sports persons, the role of sponsorship, broadcasting rights, image rights, merchandising and the law of agency;
  • Judicial review and sporting bodies;
  • Alternative Dispute Resolution: The Disputes Resolution Authority (DRA), Just Sport Ireland (JSI), Sport Dispute Resolution Centre of Canada and Sport Resolutions UK and the Court of Arbitration for Sport;
  • The impact of the European Union (EU) on sport: the free movement of sports persons, and the role of EU competition law including the European Commission decision regarding the eligibility rules of the International Skating Union (ISU);
  • Child protection and sport: legislative and non-legislative provisions;  Judicial review and sporting bodies;
  • Animals in Sport: the decline of blood sports in the nineteenth century to the current involvement and modern regulation of animals in sport, including horseracing, fox hunting and greyhound racing and doping in equestrian sports with a discussion on the recent CAS arbitral award in the case of Lyle and Blythe v Fédération Equestre Internationale (FEI) in relation to the FEI policy of provisionally suspending horses for two-months on the grounds of animal welfare and ensuring a level playing field.

Irish Law
Chapter 1: Sports Governance
Chapter 2: Sports Law or Sport and the Law?
Chapter 3: Criminal Liability and Sport
Chapter 4: Civil Liability and Sport
Chapter 5: Drugs in Sport
Chapter 6: Eligibility Issues: Athletes with Differences of Sex Development, Gender Testing and Transgender Athletes
Chapter 7: The Law of Contract and Sport
Chapter 8: Employment Law and Sport
Chapter 9: Commercial Issues in Sport
Chapter 10: Judicial Review and Sporting Bodies
Chapter 11: Alternative Dispute Resolution
Chapter 12: European Union Law and Sport
Chapter 13: Child Protection in Sport
Chapter 14: Animals in Sport