International Sports Law 2007 Special Examination


 


 


SPECIAL INSTRUCTIONS:                    


1.      You have a choice of questions but you MUST answer 4 of the questions 2.      All questions are of equal value.

3.   Each question should take around 400 words


 


 


Question 1 – Topics 1 and 2


Discuss the following statement:


 


The boom in the sporting economy which has its basis in developments such as the growth of professional sport, the extensive television coverage given to major sports, increased government assistance to sport and sporting participants, means that persons involved in sport are more inclined to seek legal advice when their rights are infringed.”


You should support your discussion with sporting examples and provide relevant cases where necessary.


 


Question 2 – Topic 3


In chapter 2 of the Gardiner text, he says “sport is big business.  It has developed into a global industry and represents more than 3% of world trade”. While Healey in her Australian text (Sport and the Law, 3rd Edn) states that “sport has become an industry in itself” (p.15).  Both authors then give examples of this phenomenal growth in the sport industry. However, with this growth has come increased litigation in international sport.  Discuss whether there you believe there is a need for a separate branch of law that can be called “sports law” or whether there is just a collection of laws that happen to apply to sport.


 


Question 3 – Topic 4


The role of the state, social policy and sport related issues are seemingly intertwined.  This can be relevant at both the national and international levels.  Discuss how much involvement the “state” should have in the conduct of international sporting organisations. You should support your discussion with sporting examples and provide relevant cases where necessary


 


Question 4 – Topics 5 and 6


In a sporting environment, internal sporting tribunals are formed to interpret rules and to discipline players or officials who are in breach of those rules or codes of conduct. The rights of these individual players or officials may be affected by the decisions of these bodies. However, some sporting tribunals may go beyond what can be considered “natural justice” for the athlete or official.


 


 


Discuss whether these internal disputes between an international sporting organization and its players/officials should be the subject of intervention by the traditional court system.  You should support your discussion with sporting examples and provide relevant cases where necessary


 


Question 5 – Topic 7


In recent times there has been an increased usage of arbitration and mediation as mechanisms to avoid the costly traditional form of litigation (the court system).


a)      Outline the alternative dispute mechanisms available to international sporting organisations and


b)      Because all sports do not use the Court of Arbitration for Sport (CAS) to settle disputes (for example, FIFA, IAAF, IABA) discuss whether the CAS be considered truly international?  


 


You should support your discussion with sporting examples and provide relevant cases where necessary.


 


 


Question 6 – Topics 8 and 9


“To compete in the modern Olympic Games, to win gold, to stand on the rostrum as the flag is raised and the national anthem played is the dream of many. But it will come true for only a few. Only the gifted, only the dedicated, only the best will win.  And maybe a few drug cheats? Modern sport is plagued by suspicions that many top athletes resort to drug-taking – doping – to enhance their performance. Historians point out that drugs have probably been used to enhance sporting performance for more than 2000 years, so it’s unlikely the problem will ever go away”


 


If it has proven difficult to “ban drug usage” then the above statement also highlights the need for international sporting organisations to develop a “Code of Ethics”.  Discuss your view on the value of a Code of Ethics for international sporting organisations and discuss the ethics involved in the call by some sporting bodies for the legalisation of performance enhancing drugs at the international level. 


 


Question 7 – Topic 10


Internationally recognised sportspersons are undoubtedly a marketing tool of the highest order for the international sporting federation.  However, on many occasions the athlete can become involved in an international controversy (for example drug use etc). The international sporting federations say that this can bring the game into ‘disrepute”. Discuss whether the media, the sponsors and the international sporting federations should be able to delve into the controversial issues in the sports person’s career? Is privacy invaded or is it in the public interest?


 


You should support your discussion with sporting examples and provide relevant cases where necessary


 


 


 



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