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Regulating International Sport: Power, Authority and Legitimacy

Regulating International Sport: Power, Authority and Legitimacy

Regulating International Sport: Power, Authority and Legitimacy

Author: Lloyd Freeburn
Publisher: Brill Nijhoff
ISBN: 9789004379787
Published In: September 2018
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,808.80

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Description
Contents

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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.

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

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