Regulating International Sport

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.

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