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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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