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2 Ent. L. 1 (2003)

handle is hein.journals/entersport2 and id is 1 raw text is: Is There a Global Sports Law? KEN FOSTER How can international sporting federations be regulated by law? This question is analytically dependent on a narrower question, whether there is a definable concept called international sports law. This article distinguishes between 'international sports law' and 'global sports law'. International sports law can be applied by national courts. Global sports law by contrast implies a claim of immunity from national law. Conceptually, it is a cloakfor continued self-regulation by international sports federations and a claim for non-intervention by national legal systems and by international sports law. It thus opposes a rule of law in regulating international sport. Introduction The globalisation of sport has moved the focus of legal regulation increasingly onto international sports federations. These organisations control and govern international sport. They have rulebooks and constitutions. They take decisions that can have profound effects on the careers of players and that have important economic consequences. They are autonomous organisations and are independent of national governments. How they are governed and how their activities are regulated are key questions. In particular they claim an immunity from legal proceedings that is almost unique amongst international NGOs. The IAAF expressed a typical attitude among international sporting federations in 1992. When sued in the American courts for banning Butch Reynolds from international athletics, the governing body of the sport replied, 'Courts create a lot of problems for our anti-doping work, but we say we don't care in the least what they say. We have our rules, and they are supreme.' In this article, I address the question of how, if at all, international sporting federations can be regulated by law. This question is analytically dependent on a narrower question, whether there is a definable concept called international sports law. I propose a distinction between 'international sports law' and 'global sports law'. International sports law Ken Foster is a Lecturer in Law, University of Warwick. Entertainment Law, Vol.2, No.1, Spring 2003, pp.1-18 PUBLISHED BY FRANK CASS, LONDON

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