Sports Law and Governance Journal最新文献

Why the Australian Commonwealth Government has a Central Role in Addressing Concussion Concerns in Australian Sport 为什么澳大利亚联邦政府在解决澳大利亚体育运动中的脑震荡问题方面发挥着核心作用

Sports Law and Governance Journal Pub Date : 2023-07-28 DOI: 10.53300/001c.84648

Annette Greenhow, R. Mobbs

引用次数: 0

Criminal offences for match-fixing: observations on the current framework and suggestions for future national legislation 操纵比赛的刑事犯罪:对现行框架的看法和对未来国家立法的建议

Sports Law and Governance Journal Pub Date : 2023-02-14 DOI: 10.53300/001c.71269

Anna R. Smith

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引用次数: 1

The Regulatory Space of Baseball: Is Global Regulation Needed to Govern the International Movement of Players? 棒球的监管空间:需要全球监管来管理球员的国际运动吗?

Sports Law and Governance Journal Pub Date : 2022-11-02 DOI: 10.53300/001c.36117

M. Nichol, K. Kawai

{"title":"The Regulatory Space of Baseball: Is Global Regulation Needed to Govern the International Movement of Players?","authors":"M. Nichol, K. Kawai","doi":"10.53300/001c.36117","DOIUrl":"https://doi.org/10.53300/001c.36117","url":null,"abstract":"Occupying baseball’s regulatory space are multiple regimes that govern global labour mobility and the international transfer of amateur and professional players. Professional leagues are the key regulatory actors in this space, non-state actors responsible for establishing the controls on a player’s labour mobility within the league and to foreign competitions. The dominant regulator in baseball is Major League Baseball (‘MLB’) that acts as a de facto international sports federation and custodian of baseball. This article uses regulatory space theory to explore how globalisation forced the increased interaction between professional baseball leagues around the world. Despite the subsequent accelerated evolution of the rules and processes governing the international movement of professional baseballers, the global regime primarily consists of bilateral player agreements involving either MLB or Nippon Professional Baseball (‘NPB’) and other professional leagues in Latin America and Asia. This article will analyse how this system of regulation created numerous problems in the recruitment and movement of amateur and professional players, most notably an exploitative labour system in Latin America that potentially violates various international human rights laws and led to the human trafficking of Cuban baseball players. In response to these regulatory failures the authors propose a number of urgent reforms to ensure the global regulation of labour mobility in baseball facilitates the movement of players in line with international human rights through a global player transfer system that includes independent dispute resolution and that is operated by an independent global regulator.","PeriodicalId":241704,"journal":{"name":"Sports Law and Governance Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134539426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Intercept That Changed the Game Forever: Fifty Years of Buckley v Tutty 《永远改变游戏的拦截:巴克利诉图蒂五十年

Sports Law and Governance Journal Pub Date : 2022-05-30 DOI: 10.53300/001c.36118

B. Dabscheck

{"title":"The Intercept That Changed the Game Forever: Fifty Years of Buckley v Tutty","authors":"B. Dabscheck","doi":"10.53300/001c.36118","DOIUrl":"https://doi.org/10.53300/001c.36118","url":null,"abstract":"The thirteenth of December 2021 marked the fiftieth anniversary of Buckley v Tutty where the High Court of Australia, in upholding an earlier ruling of the Full Court of the Supreme Court of New South Wales in Tutty v Buckley, found the New South Wales Rugby League’s retain and transfer system to be an unreasonable restraint of trade. The article points to the long-term importance of this decision, especially it being endorsed by lower courts and tribunals in striking down similar employment rules. Prior to the case, Justice Hardie of the Supreme Court of New South Wales found in Elford v Buckley that the NSWRL’s retain and transfer system was not an unreasonable restraint of trade. The article will examine the differences in approach of Justice Hardie in Elford and the Supreme Court of New South Wales and the High Court of Australia, respectively, in Tutty. The article begins with a brief analysis of Nordenfelt v Maxim Nordenfelt Guns and Ammunition which established the modern restraint of trade doctrine. It explores the meaning of ‘carrying on trade’ under this doctrine. It contrasts two possible meanings; ‘absolute freedom’ (subject to contractual and legislative norms) and ‘Hobsonian freedom’. This distinction is used to explain the differences between the Elford and Tutty courts. The article provides an examination of the decisions of courts in previous sports cases – Walker v Crystal Place Football Club, Hawick v Flegg, Eastham v Newcastle United Football Club and Nagle v Feilden – in reaching an understanding of the decision making of the respective courts.","PeriodicalId":241704,"journal":{"name":"Sports Law and Governance Journal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123357708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0