Sports law

목차 (Table of Contents)

• CONTENTS
• Foreword / by Howard Stupp = ⅴ
• Preface = ⅶ
• Introduction / by John Barnies = xv
• Author Biographies = xix
• Acknowledgments = xxi
• Table of Cases = xliii
• Table of Legislation = lv
• Table of Conventions and Treaties = lxi
• Table of UK Secondary Legislation = lxiii
• Table of EC Secondary Legislation = lxv
• SECTION 1 : SPORT, LAW AND SOCIETY
• 1 HISTORICAL AND CULTURAL PERSPECTIVES ON SPORT REGULATION = 1
• THE CONTEMPORARY SIGNIFICANCE OF SPORT = 1
• SPORT AND POLITICS = 3
• SOCIOLOGY OF SPORT = 9
• Feminist Theories of Sport = 11
• Figurational Theory = 12
• WHAT IS A SPORT? = 13
• Social Definition = 14
• SPORT : A NEED FOR A LEGAL DEFINITION = 18
• Sports Violence = 20
• HISTORY OF SPORT = 22
• HISTORICAL PERSPECTIVES ON SPORTS REGULATION = 26
• THE VICTORIAN AGE : ORIGINS OF MODERN SPORT = 33
• THE CONTEMPORARY REGULATION OF SPORT = 35
• KEY SOURCES = 39
• 2 THEORETICAL MODELS OF THE REGULATION OF SPORT = 41
• INTRODUCTION = 41
• Regulatory Regimes = 42
• The Rules of Sport = 43
• Is There a Sports Law? = 44
• COMMERCIALISATION OF SPORT = 44
• The Business of Football = 46
• THE ECONOMICS OF SPORT = 52
• CHARACTERISTICS OF SPORT BUSINESS = 53
• COMMODIFICATION = 57
• MODELS OF REGULATION = 59
• Sports Violence - the Law Stops at the Touchline? = 59
• FOOTBALL TASK FORCE = 62
• THE NORMATIVE RULE STRUCTURE OF SPORT = 71
• History of Rules of Sport = 71
• Playing Culture = 72
• Supplementing the Rules - Codes of Ethics = 74
• The Increasing Conformity of Playing Rules = 78
• RULE CHANGES = 79
• CHALLENGING THE RULES : CHEATING AND SPORTSMANSHIP = 82
• It's Just Not Cricket = 82
• What is Cheating? = 84
• Bodyline = 86
• Ball Tampering Ⅰ : Dirt in the Pocket = 87
• Ball Tampering Ⅱ : In the High Court = 91
• Evaluating Cheating = 92
• The Normative Rule Milieu = 93
• JURIDIFICATION OF SPORT : THE ROLE OF LAW = 93
• VIVA SPORTS LAW - SPORT AND THE LAW RIP = 97
• The Emergence of Legal Disciplines = 100
• CONCLUSION : THE EMERGENCE OF A LEX SPORTIVA = 101
• KEY SOURCES = 103
• 3 SPORT AND THE ROLE OF THE STATE IN BRITAIN = 105
• INTRODUCTION = 105
• FRAMEWORK OF SPORT IN BRITAIN = 106
• The Central Council of Physical Recreation = 106
• The Sports Councils = 107
• UK Sports Council = 107
• English Sports Council = 108
• SPORT AND SOCIAL POLICY = 109
• Sport and Social Inclusion = 109
• SPORT AND PUBLIC POLICY = 113
• Contemporary State Regulation in Sport = 113
• BOXING : THE NOBLE ART? = 114
• Should Boxing be Banned? = 115
• Safety in Other Sports = 123
• Martial Arts v Boxing = 125
• SPORT AND ANIMALS = 127
• Sporting Synergy of Humans and Animals = 127
• The Prohibition of Fighting Animals = 127
• Legal Regulation of Blood Sports = 129
• Fox Hunting = 130
• Conclusion = 134
• RACISM IN SPORT = 138
• Racism in Football = 140
• L'Affaire Cantona = 141
• Individualising Racist Chanting = 142
• Non-legal Approaches to Regulating Sports-Related Racism = 145
• Rugby League = 146
• Cricket = 150
• CHILD PROTECTION : SPORTS COACHES AND CHILD ATHLETES = 155
• Defining Abuse = 156
• Development of an Effective Child Protection Policy = 158
• Conclusion = 162
• CONCLUSION = 164
• KEY SOURCES = 164
• SECTION 2 : THE GOVERNANCE OF SPORT
• 4 GOVERNANCE OF SPORT : NATIONAL, EUROPEAN AND INTERNATIONAL PERSPECTIVES = 165
• INTRODUCTION = 165
• GOVERNANCE = 165
• Characteristics of Sports Governance = 167
• WHAT IS EFFECTIVE SPORTS GOVERNANCE? = 168
• Governance in Football = 170
• EUROPEAN SPORTS POLICY = 172
• EUROPEAN SPORTS POLICY = 173
• The Council of Europe = 173
• European Commission of the European Union = 174
• The Development of a European Sports Policy = 175
• THE EUROPEAN MODEL OF SPORT = 177
• Characteristics of European Sport = 179
• Is European Sport being 'Americanised' = 180
• THE ROAD TO NICE : EMERGENCE OF A DISTINCT EU SPORTS POLICY = 181
• GLOBALISATION OF SPORTS LAW = 187
• CONCLUSION = 193
• KEY SOURCES = 194
• 5 THE LEGAL REGULATION OF SPORTS GOVERNING BODIES = 195
• INTRODUCTION = 195
• EVALUATING SELF-REGULATION = 196
• Expertise = 196
• Efficiency = 197
• Mandate = 197
• Accountability = 198
• Procedural Fairness = 198
• THE DOMESTIC POSITION : JUDICIAL REVIEW = 198
• Setting the Scene : Law v National Greyhound Racing Club = 200
• Developing the Law : Datafin = 201
• The Problem of Contract = 202
• Applying Datafin : More Problems = 204
• Developing the 'Governmentality' Test = 207
• The Court of Appeal Moves In : Aga Khan = 209
• Evaluating the Case Law = 211
• NATURAL JUSTICE = 212
• Natural Justice and Sporting Bodies = 214
• The Limits of Natural Justice = 215
• The Rule Against Bias = 217
• The Modern Law : Jones v WRFU = 219
• Evaluating the Case Law = 220
• THE CONTRACTUAL RELATIONSHIP = 221
• Extending Justiciability = 223
• Evaluating the Case Law = 226
• THE RESTRAINT OF TRADE DOCTRINE = 227
• Transfer Systems = 228
• Disciplinary Procedures = 230
• Participation in Competition = 233
• Evaluating the Case Law = 235
• THE HUMAN RIGHTS ACT 1998 = 235
• THE POSITION OF THE EUROPEAN UNION = 242
• EVALUATION = 247
• The Domestic Position = 247
• The EU Position = 248
• KEY SOURCES = 248
• 6 ALTERNATIVE DISPUTE MECHANISMS IN SPORT = 251
• INTRODUCTION = 251
• The Courts and Sports Disputes = 251
• ADR ITS BACKGROUND AND ADVANTAGES = 252
• Forms of ADR = 254
• COURT OF ARBITRATION FOR SPORT = 255
• Sports Disputes and the International Sports Federations = 255
• What is the CAS? = 255
• How Does the CAS Function? = 256
• Ordinary Cases = 257
• Appeal Cases = 258
• General Procedure = 258
• Ad Hoc Division Cases = 258
• Legal Status of CAS Awards = 260
• Challenges to CAS Awards = 261
• THE UK SPORTS DISPUTE RESOLUTION PANEL = 263
• SDRP Arbitration = 263
• Advisory Opinions = 269
• MEDIATION AND SPORTS DISPUTES = 270
• Why Mediate? = 270
• The Idea of Mediation = 270
• The Mediation Process = 271
• Common Concerns about Mediation = 271
• Applying Mediation to Sports Disputes = 272
• The Woodhall／Warren Case = 273
• Other Sports Cases = 274
• Mediation Limitations = 275
• CAS Mediation Process = 276
• SDRP Mediation = 281
• The National Sports Dispute Centre = 284
• Conciliation by the International Chamber of Commerce(ICC) = 288
• EVALUATION OF SPORTS MEDIATION = 289
• Reasons for its Success = 289
• Mediation 'On Line' = 290
• Some International Experiences = 290
• Internet Disputes and Mediation = 291
• A SPORTS OMBUDSMAN? = 292
• CONCLUSIONS ON ADR IN SPORTS DISPUTES = 295
• KEY SOURCES = 296
• 7 THE LEGAL REGULATION OF DOPING = 297
• INTRODUCTION = 297
• WHY BAN DOPING? = 299
• Drugs Can Damage Your Health = 300
• Taking Drugs is Cheating = 303
• DOPING CONTROL = 305
• The Governing Body = 305
• The Definition of Doping = 308
• Banned Substances and Methods = 312
• Testing = 314
• Disciplinary Procedures and Sanctions = 317
• THE ATHLETES' PERSPECTIVE = 322
• SOLUTIONS = 324
• Harmonisation = 326
• Criminalisation = 328
• Relaxation = 329
• KEY SOURCES = 330
• SECTION 3 : THE COMMERCIAL REGULATION OF SPORT
• 8 SPORT AND MONEY : ACCOUNTABILITY AND REGULATION = 331
• INTRODUCTION = 331
• PROFESSIONALISATION AND THE END OF AMATEURISM = 331
• CRICKET WARS : THE PACKER LEGACY = 334
• RUGBY WARS = 337
• The Birth of 'Super League' = 337
• The Professionalisation of Rugby Union = 342
• The Impact of Television = 345
• SPORT BABYLON : FRAUD AND CORRUPTION = 346
• IOC and Ethics = 346
• Bungs and Brown Paper Bags = 350
• The 'Bungs' Inquiry = 353
• REGULATION OF SPORTS AGENTS = 354
• FIFA Regulations = 355
• MATCH FIXING : FOOTBALL STYLE = 358
• MATCH FIXING : IT'S JUST NOT CRICKET = 362
• The Story Unfolds = 364
• The Hansie Cronj$$\acute e$$ Affair = 365
• The King Commission = 367
• The Indian CBI Report = 367
• CRICKET MATCH FIXING : THE ANTI-CORRUPTION REPORT = 369
• What Are the Legal Implications? = 375
• GAMBLING AND SPORT = 377
• The Principles of Gambling Legislation in the UK = 382
• CONCLUSION = 383
• KEY SOURCES = 384
• 9 SPORT AND COMPETITION POLICY = 385
• INTRODUCTION = 385
• EU Competition Commission's Policy to Sport = 388
• Scope of Involvement = 390
• THE EUROPEAN COMPETITION RULES = 390
• The Regulation of Cartels = 391
• Monopolies and Abuse of Dominance in the Market = 393
• Enforcement and Exemptions = 396
• APPLICATION OF THE COMPETITION RULES TO SPORT = 399
• The Approach to Exemptions = 399
• Exclusivity = 401
• Transfer Rules = 403
• The New Transfer Arrangements = 406
• The Status of the New Transfer Arrangements = 410
• The FIA Compromise = 410
• COMPETITION AND BROADCASTING = 415
• Application of Competition Rules to Sports Broadcasting = 418
• COLLECTIVE MARKETING／SELLING OF BROADCASTING RIGHTS = 424
• Australian Comparison = 433
• Recent Views on Collective Selling of Broadcasting Rights = 434
• CONCLUSION = 436
• KEY SOURCES = 437
• 10 INTELLECTUAL PROPERTY RIGHTS AND SPORT = 439
• INTRODUCTION = 439
• What is Intellectual Property? = 439
• IPRs and Sport = 440
• The Importance of Branding = 442
• TRADEMARKS = 442
• Registered and Unregistered Marks = 443
• Territoriality = 444
• International and Regional Marks = 445
• Sporting Trademarks = 445
• The Olympic Rings = 446
• Other Trademark Issues = 448
• COPYRIGHT = 449
• Originality = 449
• Protected Works = 450
• Sound Recordings Films Broadcasts and Cable Programmes = 451
• Duration of Copyright = 452
• Defences = 452
• Assignments and Licenses = 453
• Other Copyright Issues = 453
• PATENTS = 454
• Registration = 455
• Patents and Sport = 455
• Remedies for Infringements = 456
• DESIGNS = 456
• CONFIDENTIAL INFORMATION = 457
• SPORTS PERSONALITY RIGHTS = 458
• Protectability = 458
• Celebrity Endorsements and Advertising Codes = 459
• UNFAIR COMPETITION = 460
• 'Passing Off' = 460
• Ambush Marketing = 462
• New Media and Sports Rights = 463
• INTERNET = 463
• Sports Web Site Issues = 465
• Sport and Other 'New Technologies' = 468
• CONCLUSION = 469
• KEY SOURCES = 470
• 11 SPORTS MARKETING, SPONSORSHIP AND AMBUSH MARKETING = 471
• INTRODUCTION = 471
• ENDORSEMENT AGREEMENTS = 471
• CORPORATE HOSPITALITY AGREEMENTS = 474
• INTERNATIONAL SPORTS LOGO LICENSING AGREEMENTS = 475
• Sports Logos = 476
• Sports Logo Licence Agreements = 477
• Conclusions = 480
• MAXIMISING THE FINANCIAL RETURNS FROM INTERNATIONAL SPORTS LICENSING = 481
• Getting the Deal Right = 481
• Due Diligence = 481
• Timing = 482
• Tax Structuring = 482
• Getting the Agreement Right = 482
• Consideration and Payment = 483
• Accounting and Audits = 483
• Currency = 484
• Exchange Control = 484
• Force Majeure = 484
• Withholding Tax = 484
• Set-Off and Interest = 485
• Sporting Integrity = 485
• Conclusions = 486
• SPORTS SPONSORSHIP AGREEMENTS = 486
• Commercial Opportunities = 486
• Legal Issues = 487
• The EU Dimension = 490
• Tax Aspects = 491
• CORPORATE NAMING RIGHTS = 501
• Corporate Naming of Stadiums and Arenas = 501
• Contractual Legal Issues = 502
• The European Scene = 505
• Conclusions = 506
• SPORTS SPONSORSHIP AND AMBUSH MARKETING = 506
• What is Sports Sponsorship? = 507
• What is the Value of Sports Sponsorship? = 508
• Defining Ambush Marketing = 508
• Combating Ambush Marketing = 512
• FINAL REMARKS = 525
• KEY SOURCES = 526
• SECTION 4 : REGULATION OF THE SPORTS WORKPLACE
• 12 SPORT AND CONTRACTS OF EMPLOYMENT = 527
• INTRODUCTION = 527
• WHO IS AN EMPLOYEE? = 527
• Agents and Managers = 529
• FORMATION AND TERMS OF A CONTRACT OF EMPLOYMENT = 530
• Trainees and Apprentices = 530
• Collective Bargaining = 532
• PERFORMANCE OF THE CONTRACT = 534
• Express Terms = 534
• JUDICIALLY IMPLIED TERMS = 536
• Judicially Implied Duties of the Employer = 536
• Judicially Implied Duties of the Employee = 538
• RESTRAINT OF TRADE = 540
• THE BOSMAN CASE = 546
• KEY SOURCES = 572
• 13 TERMINATION OF CONTRACTS OF EMPLOYMENT IN SPORT = 573
• COMMON LAW = 573
• REMEDIES FOR WRONGFUL DISMISSAL = 577
• Injunctions = 577
• UNFAIR DISMISSAL = 580
• Continuity of Employment = 581
• Claiming Unfair Dismissal = 582
• The Meaning of Unfair Dismissal = 584
• PROCEDURAL FAIRNESS = 592
• THE LEGAL STATUS OF THE ACAS CODE = 600
• REMEDIES FOR UNFAIR DISMISSAL = 607
• Reinstatement and Re-engagement = 607
• Basic Award = 607
• Compensatory Award = 608
• KEY SOURCES = 608
• 14 SPORTS PARTICIPANTS AND THE LAW OF DISCRIMINATION = 609
• INTRODUCTION = 609
• THE SEX AND RACE DISCRIMINATION ACTS = 612
• RACIAL AND SEXUAL HARASSMENT = 620
• SEXUALITY AND TRANSSEXUALS = 625
• DISCRIMINATION AND EU LAW = 631
• EQUAL PAY = 642
• ARTICLE 39 OF THE EC TREATY = 643
• KEY SOURCES = 649
• SECTION 5 : SAFETY IN SPORT : LEGAL ISSUES
• 15 THE CRIMINAL LAW AND PARTICIPATOR VIOLENCE = 651
• INTRODUCTION = 651
• CONTROLLING PARTICIPATOR VIOLENCE BY THE CRIMINAL LAW = 651
• What is Participator Violence? = 653
• The Relevance of the Rules of the Game = 654
• Why Participator Violence Needs Controlling = 655
• THE CRIMINAL LAW = 658
• Breach of the Peace = 658
• Common Assault = 659
• Section 47 of the Offences Against the Person Act 1861 = 660
• Section 20 of the Offences Against the Person Act 1861 = 661
• Section 18 of the Offences Against the Person Act 1861 = 662
• Homicide = 663
• DEFENCES = 664
• Consent = 664
• Playing Culture = 667
• Other Defences = 674
• Conclusions and Discussions = 677
• CRIMINAL LAW PUNISHMENTS = 680
• Sentences = 680
• Compensation for Criminal Injuries = 682
• COMBAT SPORTS = 685
• The Legal Status of Boxing = 686
• Other Fighting Sports = 689
• CONCLUSION = 692
• KEY SOURCES = 692
• 16 TORT, COMPENSATION AND ALTERNATIVE DISPUTE RESOLUTION FOR PARTICIPATOR VIOLENCE = 693
• INTRODUCTION = 693
• TORT = 694
• Trespass to the Person = 694
• Negligence = 695
• Defences = 706
• EXTENDING TORTIOUS LIABILITY = 708
• Vicarious Liability = 708
• Liability of Match Officials = 710
• Liability for Unsafe Playing Area = 712
• Liability of Governing Bodies = 713
• Unlawful Interference with Contract = 714
• COMPENSATION IN TORT = 716
• Compensatory Damages = 716
• Aggravated Damages = 717
• Exemplary Damages = 717
• Conclusions = 720
• ALTERNATIVE SYSTEMS OF CONTROL AND COMPENSATION = 721
• CAS／SDRP = 724
• Insurance = 725
• Future Developments = 728
• CONCLUSION = 731
• KEY SOURCES = 732
• 17 SPECTATORS, PARTICIPANTS AND STADIUMS = 733
• INTRODUCTION = 733
• PARLIAMENT AND STADIUM SAFETY = 734
• STADIUMS AND NEIGHBOURS = 737
• THE ARRIVAL AND DEPARTURE OF SPECTATORS = 738
• NEIGHBOURS AND SPORTING EVENTS = 740
• SPECTATOR SAFETY = 752
• Overspill from the Area of Play = 752
• STADIUM SAFETY = 756
• CROWD DISTURBANCE, MANAGEMENT AND SPECTATOR SAFETY = 760
• PARTICIPANT SAFETY = 766
• THE HILLSBOROUGH DISASTER = 769
• THE INQUIRY = 773
• The Stadium = 773
• Enforcing the Safety Provisions = 774
• Crowd Control and the Role of the Police = 774
• THE LEGAL IMPLICATIONS = 775
• Civil Actions = 775
• THE LEGISLATION = 778
• Stadium Safety = 778
• Crowd Disturbances = 779
• KEY SOURCES = 779
• Index = 781