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Regulating International Sport: Power, Authority and Legitimacy

Lloyd Freeburn

ISBN13: 9789004379787
Published: September 2018
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £128.00



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In Regulating International Sport: Power, Authority and Legitimacy Lloyd Freeburn provides a ground-breaking account of the legal basis of regulatory power in international sport and outlines the reforms necessary to give the regime legality and legitimacy.

Subjects:
Sports Law
Contents:
Acknowledgments
Introduction
1 The Concern
2 Book Structure
1. Fundamental Aspects of Regulatory Power in International Sport
1 The Structure of International Sports Governance
2 The Nature of Regulatory Power in International Sport
3 The Democratic Legitimacy Deficit in International Sport
4 The Legitimisation of Regulatory Power in International Sport
2. The Contractual Authority of Sports Governing Bodies – The Real and the Fictional
1 Problems in the Contractual Characterisation
2 The Contractual Basis of Regulatory Authority – Conceptual Issues
3 Indirect ‘Contractual’ Devices
4 Implied Contracts in Sport
5 The Vice of the Contractual Characterisation
3. The De Facto Power of Sports Governing Bodies
1 Sport’s Practically and Legally Effective, Pervasive De Facto Power
2 The Foundations of the De Facto Power of Sports Governing Bodies
4. The Extent and Function of Consent in the De Facto Power of Sports Governing Bodies
1 Consent and De Facto Power in Sport
2 De Facto Power and Contracts
3 De Facto Power and Consent
5. The De Facto Jurisdiction of the Court of Arbitration for Sport
1 De Facto Power and Consent to Sports Arbitration
2 The ‘Myth’ of Consent in Sports Arbitration
3 The Inadequate Justification of Non-Consensual Arbitration
4 The Handmaidens of Sport’s International Federations
6. Individual Liberty and De Facto Power
1 Individual Liberty and De Facto Regulatory Power
2 Implications of De Facto Power Not Being the Exercise of Individual Liberty
7. Legitimacy and the Justification of the Regulatory Power of International Sports Governing Bodies
1 The Necessity of Legitimacy
2 Democratic Legitimisation of the Governance Regime of International Sport
3 Democratic Legitimacy and International Sports Arbitration
8. Conferring Legality on the Regulation of International Sport – the Need for an International Treaty
1 The Limited Benefits of Democratic Legitimacy
2 An International Treaty
3 The Contents of a Convention on the Governance of International Sport
4 The Impetus for Reform
5 Conclusion
Bibliography
Table of Cases