Synopses & Reviews
This book comes at a critical time for the future development of sports law. Sport is becoming increasingly commercialised, but its regulation is fragmentary and it is difficult to delineate issues of pure sport and issues of business. In this volume, eminent sports law scholars examine the relationship between sport, business and policy. They analyze how law regulates sport and sports business and demonstrate the need to redefine the frontier between 'Sporting' rules and regulations and legal regulation. It is suggested that sporting bodies and associations have a significant role to play in shaping the contours of this frontier. It is also suggested that there is sufficient clarity in EU polity, which allows sports associations to become proactive in their own re-regulation. This volume engages the debate concerning how sport can be best re-regulated in the 21st century and represents a significant contribution to the recognition of a Lex Sportiva.
Synopsis
In this volume, eminent sports law scholars examine the relationship between sport, business and policy. They analyze how law regulates sport and sports business and demonstrate the need to redefine the frontier between 'Sporting' rules and regulations and legal regulation. It is suggested that sporting bodies and associations have a significant role to play in shaping the contours of this frontier. It is also suggested that there is sufficient clarity in EU polity, which allows sports associations to become proactive in their own re-regulation.
Synopsis
This book comes at a critical time for the future development of sports law. It examines key issues of both contemporary and future importance to the administration of sporting activity in the European Union. The book is par ticularly pertinent coming at a time when European Community law is playing a key role in the restructuring of football's transfer system. This forms only one small, though highly significant, part of the fundamental shift that has taken place in European professional sport; away from the self-regulatory autonomy of sporting bodies towards a system more rigidly codified and governed by main stream legal norms and rules. The law, in particular the economic freedoms provided for under the Treaty of Rome, has become a key weapon in the armoury of those who wish to exploit sport to its full commercial potential, free of self-regulatory constraints. It is not only those desirous of exploiting the economic potential of sport, who have made use of European Community law. As sport has become increasingly com mercialised and commodified, it has also attracted the attention of the institutions of the Community, which have been keen to ensure that sports regulations adhere to Community law."
Synopsis
Examines the relationship between sport, business and policy and analyzes how law regulates sport and sports business.
About the Author
Andrew Caiger, Senior Lecturer, International Sports Law Centre, Anglia Polytechnic University, Chelmsford.Simon Gardiner, Director, International Sports Law Centre, Anglia Polytechnic University, Chelmsford.
Table of Contents
Foreword; Acknowledgements; Introduction: re-regulating professional sport in the European Union Andrew Caiger and Simon Gardiner; In the footsteps of Bosman: an interview with Jean-Louis Dupont - the man who lit the fuse under European sport; Part I. Theoretical and Policy Perspectives: Reconciling conflicting approaches to sport in the European Union Richard Parrish; Can sport be regulated by Europe?: an analysis of alternative models Ken Foster; Globalisation, Europe and the re-regulation of sport Simon Boyes; Part II. The Frontiers of Regulatory Mechanisms: The legal autonomy of sport organisations and the restrictions of European law Klaus Vieweg; 'Show me the money': regulation of the migration of professional sportsmen in post-Bosman Europe Simon Gardiner and Roger Welch; National eligibility rules after Bosman J. Paul McCutcheon; Selling your sole: e-Europe, EU law and sports marketing Laura Edgar and David McArdle; Part III. The Re-regulation of Football: A Quest for Order: The battle for TV rights in professional football Paul Spink and Philip Morris; The end of the affair: the 'Anelka Doctrine' - the problem of contract stability in English professional football Andrew Caiger and John O'Leary; The effectiveness of the corporate form as a regulatory tool in European sport: real or illusory? Tom Mortimer and Ian Pearl; Part IV. Comparative Perspectives: Localisation and Specificity: Legislation on sports in Poland Andrzej J. Szwarc; The regulation of sports activities in Greece Dimitrios Panagiotopoulos and Gregory Ioannidis; The approach to sports policy in Belgium Luc Silance; Regulation of the sports leagues, teams, athletes and agents in the United States James T. Gray; Postscript: Legal intervention and the possibility of enlightened governance Andrew Caiger and Simon Gardiner; Appendix: The balance between the game and the money: study commissioned by the Netherlands' ministry of health, welfare and sport (sports directorate); Contributors; Table of cases; Index.