Sport and the Law (LAWS20011)

This subject provides an account of how the law influences sport.  Although the subject focuses on legal principles, it will bear in mind sport’s historical, cultural, social and economic context, including the drama and colour of sport’s major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur.

Initially, the subject addresses practical issues such the distinction between recreational, community amateur and professional sport and including the governance structures of international sport. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme considers how decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport – in short, how sport manages to keep its disputes out the courts. The participatory theme includes doping and criminal violence in sport, as well as the broader topic of legal liability for sporting injuries and including concussion. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in lectures concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events and including sponsorship and broadcasting matters. In brief, we look at contracts of employment that professional sports persons have and how major sporting events are organised.

The concluding lectures speculate on what’s ahead for modern sport in terms of scientific developments (genetic enhancements); technological developments (esports) and the role of other areas of the law notably human rights law on sport.

In sum, the subject is designed to cover fundamental and topical areas of sports law: sports law in general; sports bodies and the courts; arbitration in sport; corruption; doping; violence; civil liability; discrimination; the commodification of modern sport; and the likely future of sports law. Finally, the module is designed around common law jurisdictions but is also informed by a comparative approach reflecting the global administration of sport.