Regulating International Sport

Power, Authority and Legitimacy

Author: Lloyd Freeburn
In a fresh and original account, Lloyd Freeburn challenges the conventional conception of contracts as the consent-based legal foundation of international sports law. The prevailing legal orthodoxy is shown to be untenable, failing to explain or justify international sports governing bodies’ regulatory power or their control over the livelihoods and liberty of participants in sport. The non-consensual jurisdiction of the Court of Arbitration for Sport is similarly tainted. But this significant challenge is not made simply to undermine international sport’s regulatory regime. A sound legal foundation for regulatory authority in sport is both desirable and necessary. Consequently, effective reform is urgently required to support the regime’s legality and to give it legitimacy by resolving the regime’s democratic deficit.

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Lloyd Freeburn, Ph.D. (2018), University of Melbourne, is a Senior Fellow at that university lecturing in event management law. He has published various articles concerning sports law including contributing to the sports law section of Halsbury’s Laws of Australia.

 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

 Table of Cases
All interested in sports law including academics, students, sports governing bodies and participants in sports including players associations, the representatives of professional athletes, professional sports teams and leagues.