Handbook on International Sports Law

Handbook on International Sports Law

Research Handbooks in International Law series

Edited by James A.R. Nafziger and Stephen F. Ross

This Handbook presents a comprehensive collection of essays by leading scholars and practitioners in the burgeoning field of international sports law.

Chapter 1: International Sports Law

James A.R. Nafziger

Subjects: law - academic, comparative law, private international law, sports law

Extract

James A.R. Nafziger I. INTRODUCTION Law, like politics, has accompanied sports competition throughout history, and this law often has had a unique status. For example, the ancient Olympic Games relied on ad hoc officials – essentially judges – who were equipped with special sanctions to enforce both the rules of the game in a particular contest and the organizational rules of the Games as a whole. Notice to both the participating city-states and athletes of their obligations took the form of statues dedicated to Zeus (called zanes) that were financed from fines imposed on city-states and placed as reminders near the entrance to the stadium.1 Two millennia later, in the eighteenth century, a court in Tuscany denied relief to owners of property damaged by stray balls from a traditional ball game. The court reasoned that sports took priority over torts because regularly scheduled public amusements created legal servitudes on neighboring property.2 Today, the European Court of Justice (ECJ) struggles with a similar issue within the European Union, namely the extent to which sports activity is ‘special’ or has ‘specificity’ and is thus subject only to its own legal regime beyond the regulatory competence of the European Union.3 The contemporary legal regime governing sports blends normal rules and procedures transcending sports activity – general contract and tort law, employment law, competition (anti-trust) law, and so on – with a distinctive and coherent body of what has come to be known as ‘sports law.’ The justification for a specialized regime of law is...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information