International Sports Regulation: An Evolving Private-Public Partnership

(2019) 45(2) Monash University Law Review 298

35 Pages Posted: 31 May 2019 Last revised: 9 Jan 2020

See all articles by Eric Windholz

Eric Windholz

Monash University - Faculty of Law

Graeme Hodge

Monash University - Faculty of Law

Date Written: 2019

Abstract

Globalisation has seen regulation move beyond the state. International sports offer a strong example, with the evolution of an extensive system of global regulation and law. The creation of the Court of Arbitration for Sport, the development of the world anti-doping regime, and more recent efforts to battle corruption, are but a few of its more prominent elements. A significant feature of this system is the international partnering of private and government bodies. However, this partnership is not without its challenges. Its evolution reveals inherent tensions between international and national regulatory regimes, as international sporting organisations challenge the sovereignty of the nation state. This article critically examines the evolving private-public partnership that is international sports regulation. In particular, it investigates two case studies: the International Olympic Committee (IOC) and the Fédération Internationale de Football Association (FIFA). The intellectual lenses of public-private partnership and of power are adopted to analyze these cases. The social, cultural, political and economic importance of sport makes examining the evolution of international sports regulation an interesting and valuable exercise. Studying it also potentially offers valuable insights and lessons for the development of international regulatory systems and global law making more broadly.

Keywords: international sport, public-private partnerships, transnational regulation, power, legitimacy

JEL Classification: K23, K33, F53, L83

Suggested Citation

Windholz, Eric and Hodge, Graeme, International Sports Regulation: An Evolving Private-Public Partnership (2019). (2019) 45(2) Monash University Law Review 298, Available at SSRN: https://ssrn.com/abstract=3385200

Eric Windholz (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Graeme Hodge

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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