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Government, Insurance and Alternatives
Chapter 9 will explore the principle that labour is not a commodity that was set out in Chapter 3 in the context of the issues related to MLB and NPB. It will explain the extent of the commodification in these leagues.
Edited by Olivier Moréteau, Aniceto Masferrer and Kjell A. Modéer
The global evolution of the American national pastime was evidenced by baseball’s preparations in 2016 for the fourth instalment of the WBC in 2017. During February and March 2016, qualifying tournaments were held in Australia, Mexico and Panama and, in September 2016 the final qualifying tournament was held in the United States. These four tournaments included teams from the host nations of Australia, Mexico and Panama, as well as New Zealand, South Africa, Spain, France, Great Britain, Israel, Brazil, Pakistan, Germany and Colombia. In addition to the winners of each of the four qualifying pools, Australia, Colombia, Mexico and Israel, were teams who qualified based on their performance in the 2013 WBC: the United States, Canada, China, Japan, South Korea, Chinese Taipei, the Netherlands, Italy, Dominican Republic, Venezuela, Cuba and Puerto Rico
Aniceto Masferrer, Kjell Å. Modéer and Olivier Moréteau
It would be wrong to think that the comparative approach to law started in the 19th century. In Antiquity, for example, Plato compared the Nomoi of the Greek city states, and Aristotle studied the different forms of state and their influence on the laws.
The decentred regulation of labour in professional baseball sees internal regulation interact with its external regulation. Chapter 6 will look at the key external regulatory actors that govern baseball in each of the two leagues. This chapter will examine the role of external regulators such as the government, statutory authorities, courts, player agents and the National Collegiate Athletic Association.
Despite the significant globalization of the labour market in professional baseball over the past 30 years, the regulation of the international movement of labour in professional baseball takes place in an ad hoc fashion. There is no global system. Instead, individual leagues deal with the challenges of globalization in a piecemeal way, typically in response to their own perceived needs.
The Case of Professional Baseball in the United States and Japan
In the context of labour mobility Chapter 5 is important in that it examines how the labour of playing professional baseball is internally regulated. Internal regulatory actors in baseball profoundly affect what labour mobility is and the level of mobility among players. Internal regulation can be considered the dominant form of regulation in baseball, even though the form and operation of this internal regulation in the United States and Japan has been shaped by the external regulation of the labour laws governing collective bargaining
From the late 1800s until the mid 1900s professional baseball was almost the exclusive domain of the Major and Minor Leagues in the United States. During this period baseball became a uniquely American institution and as the ‘national pastime’ Major League Baseball (MLB) produced iconic figures such as Babe Ruth, Connie Mack, Joe DiMaggio, Jackie Robinson and Hank Aaron. In the decades after World War II not only did MLB break the colour barrier and absorb players from the leagues composed of African American players, it expanded from the East Coast to the West Coast of the United States and professional baseball began to globalize.