Chapter International Sport Law James T. Gray, JD; and David L. Snyder, JD C H A P T E R

Chapter Objectives Define international sport law Describe the legal and regulatory framework of international sport Explain the complexities and challenges of applying laws, rules, and regulations across national boundaries (continued)

Chapter Objectives (continued) Understand the advantages and disadvantages of litigation, arbitration, and mediation in resolving international sport disputes Identify the holdings in several significant international sport law cases Discuss current issues and future trends concerning international sport law

Chapter Outline What is international sport law? Conflict resolution in international sport Athlete representation and athlete rights Promoting sport for all Integrity of international sport

What is International Sport Law? International sport law is a hodgepodge tapestry of national and international laws, administrative rules and regulations, and arbitration decisions. No easily identifiable body of laws can be referred to as constituting international sport law.

Three Important Terms Conflict of laws Arises if multiple jurisdictions are involved in dispute Choice of laws Concerns about what substantive and procedural laws should govern a dispute, whether judge or judge and jury, not sport-created arbitration process Jurisdiction Recognized authority that decides cases

Conflict Resolution in International Sport Limited judicial review and sport-based dispute resolution Court of Arbitration for Sport Politics and international sport

Limited Judicial Review and Sport-Based Dispute Resolution In general, courts will not intervene in internal affairs of a sport governing body, but they will if the rule or regulation challenged by the plaintiff exceeds scope of sport organization’s authority, violates a person’s constitutional rights, (continued)

Limited Judicial Review and Sport-Based Dispute Resolution (continued) is applied in an arbitrary or capricious fashion or the organization abuses its discretion, violates public policy because it is considered fraudulent or unreasonable or violates an existing law, or if a sport organization violates one of its own rules (Greenberg & Gray, 1998).

Court of Arbitration for Sport The Court of Arbitration for Sport (CAS) was created by the IOC in 1984 to avoid being subject to the politics of a country or local jurisdiction. Its major goals is to prevent Olympic-based legal disputes from being litigated in national courts worldwide. Previous CAS decisions and opinions have helped establish a set of rules and principles of international sport law.

CAS Arbitration Procedures 1.The involved parties must agree to submit their dispute to CAS-sponsored arbitration. 2.They are required to select preapproved arbitrators from a designated list compiled by CAS, and the applicable law relative to the merits of a case. In the absence of such law, Swiss law will be used. (continued)

CAS Arbitration Procedures (continued) 3. Parties must observe CAS’ Rules of Procedure. 4. CAS arbitration involves both written and oral arguments. In arbitrations, CAS adopts the standard of proof of the sport organization or federation whose ruling is under dispute.

Politics and International Sport: Examples The U.S. boycott of the Moscow 1980 Summer Olympic Games and the Soviet Union’s retaliation boycott against the United States during the 1984 Los Angeles Summer Olympic Games. In 1976 many African nations threatened to boycott the Olympics unless South Africa and Zimbabwe were banned from these events because of their apartheid policy.

Athlete Representation and Athlete Rights Sport agent activities, qualifications, abuses, and regulations International player contracts Restraints on player movement

FIFA’s Agent Regulatory System Developed to represent the best interests of teams and leagues, not players Admissibility of player agent activities Acquisition and loss of agent licenses Rights, obligations of agents, players, clubs Conflict resolution in player–agent dispute Sanctions for agent misconduct

International Player Contracts Components Term of the agreement Services to be rendered on and off the field Compensation provisions, base salary Deferred compensation Low-interest player loans Signing bonuses Performance bonuses

Efforts to Control Player Movement in Japanese Baseball See case study on page 369 of International Sport Management. In 2008 Japanese club owners announced that a two-year ban from the NPB would be imposed on any Japanese high school baseball player who signed to play overseas. Free agency and the ability of clubs to place reasonable restraints on player movement have been issues for over a century.

Bosman Ruling See case study on page 368 of International Sport Management.

Pistorius v. International Association of Athletics Federations (IAAF) See case study on page 371 of International Sport Management.

Due Process Issues of Doping Control and Enforcement Establishing antidoping rules and regulations requires defining specifically which substances are to be banned. Many commonly used medications and prescription drugs, such as cough medicine, may contain substances on the WADC banned list. (continued)

Due Process Issues of Doping Control and Enforcement (continued) Many substances on the WADC banned list may not be illegal to purchase or use in the country where the athlete resides. The WADC “whereabouts” rule raises right- to-privacy issues regarding the extent to which sport governing bodies can intrude on the private and personal lives of athletes. (continued)

Due Process Issues of Doping Control and Enforcement (continued) From a legal perspective, the efforts to control doping in sport have raised numerous due process issues. Due process generally means that governing bodies should adhere to principles of fundamental fairness and justice when determining the rights and status of those under their review.