Includes bibliographical references (pages 217-272) and index.
Contents:
Fundamental aspects of regulatory power in international sport -- The contractual authority of sports governing bodies : the real and the fictional -- The de facto power of sports governing bodies -- The extent and function of consent in the de facto power of sports governing bodies -- The de facto jurisdiction of the Court of Arbitration for Sport -- Individual liberty and de facto power -- Legitimacy and the justification of the regulatory power of international sports governing bodies -- Conferring legality on the regulation of international sport : the need for an international treaty.
Summary:
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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