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Abstract
How sport might be regulated in the future is a complex and complicated issue. This essay seeks to analyse, from a theoretical standpoint, the role of law in regulating sport in terms of both consumption and production of sport. It charts historical developments in boxing, football and cricket to examine this and hypothesizes as to potential future developments. In particular we analyse football in terms of consumptive issues and cricket in terms of participatory ones. We argue that both exhibit common characteristics in the relationship with law yet with a completely different structure, history, context and economy. Both are exhibiting characteristics of a global business eschewing national boundaries yet restricted by historical factors. It concludes that perhaps the law will have little role in the future landscape of sport in terms of consumption, but is likely to have significant impact in the commercial sphere.
Notes
1 CitationGreenfield and Osborn, ‘The Legal Colonisation’.
2 ‘Twenty20 “To Conquer World Sport”’. BBC, April 24, 2008. http://news.bbc.co.uk/sport1/hi/cricket/england/7365683.stm.
3 CitationGreenfield and Osborn, eds, Law and Sport, xii.
4 CitationGrayson, Sport and the Law; CitationGardiner et al. , Sports Law.
5 CitationParpworth, ‘Boxing and Prize Fighting’.
6 CitationGunn and Ormerod, ‘Despite the Law’.
7 CitationFoster, ‘The Juridification of Sport’.
8 CitationSugden, Boxing and Society.
9 Watson v. BBBC [1999] 2 (6) Sports Law Bulletin 3, [2001] 2 WLR 1256.
10 McInnes v Onslow-Fane and another [1978] 1 WLR 1520.
11 Couch v. British Board of Boxing Control [1997] unreported, IT No. 2304231/97.
12 CitationGreenfield and Osborn, Contract and Control.
13 Watson v. Prager [1991] 3 ALL ER 487.
14 CitationGiulanotti, Football, xi.
15 Murray, Football; CitationWalvin, The People's Game.
16 CitationDunning, ‘Football’, 838.
17 Walvin, The People's Game; CitationMurray, Football; CitationWigglesworth, Evolution of English Sport; CitationOsborn, ‘Football's Legal Legacy’.
18 CitationElias and Dunning, Quest for Excitement.
19 See, for example, CitationBlake, The Body Language.
20 Walvin, The People's Game, 30.
21 CitationBale, ‘Playing at Home’.
22 CitationBale, ‘Playing at Home’; CitationBale, Sport, Space and the City; CitationBale, Landscapes of Modern Sport.
23 Eastham v. Newcastle United Football Club [1964] Ch 413.
24 Union Royale Belge des Societes de Football Association ASBL v. Bosman, Royal Club Liegois SA v. Bosman and others, Union des Associations Europeens de Football v. Bosman (Case C-415/93) [1996] All ER (EC) 97.
25 CitationGreenfield and Osborn, Regulating Football, 73–134; CitationGreenfield and Osborn, Contract and Control, 23–57; CitationMcArdle, From Boot Money to Bosman, 13–59.
26 CitationGreenfield and Osborn, Regulating Football.
27 CitationThe Popplewell Interim Report; The Popplewell Final Report.
29 See, for example, CitationStott and Pearson, Football Hooliganism.
30 Vamplew, ‘Ungentlemanly Conduct’.
31 CitationLewis, ‘Football Hooliganism’.
32 CitationInglis, Football Grounds of Britain.
33 CitationBale, ‘The Changing Face of Football’, 91.
34 CitationConn, The Football Business.
35 CitationWatson, ‘Football in the Community’.
36 Bale, ‘The Changing Face of Football’.
37 Greenfield and Osborn, Regulating Football, 195.
38 SAFE Update, Arguments Re: Safe Standing, No. 9, January 2002.
39 CitationFLA, ‘Report on the ‘Kombi’ Seating’.
40 The Football Spectators Bill 2001, EDM71, 6.11.2007; CitationFootball Supporters Federation, ‘The Case for Safe Standing’. The Better Regulation Commission was replaced by the Risk and Regulation Advisory Board in January 2008.
41 CitationHamil et al. , eds, The Changing Face.
42 CitationJaquiss, ‘Mutualism Rules’, 55.
43 CitationHaynes, The Football Imagination.
44 CitationBrown and Walsh, Not for Sale; CitationMonopolies and Merger Commission, ‘British Sky Broadcasting Group’.
45 CitationWilliams, Cricket and England.
46 Greenfield and Osborn, Contract and Control.
47 CitationBlofeld, ‘A Disgrace to the Game’; CitationBailey, Conflicts in Cricket.
48 Greenfield and Osborn, Contract and Control, 147.
49 Greig v. Insole, [1978] 3 ALL ER. 449.
50 Greenfield and Osborn, 144–52.
51 See generally CitationMehta, Gemmell and Malcolm, ‘“Bombay Sport Exchange”’, on the rise of Twenty20 and the future, and CitationMehta, ‘Batting for the Flag’.
52 ICC President David Morgan, quoted on http://www.ecb.co.uk/news/world/icc-world-twenty20-2009/.
53 CitationHoek and Gendall, ‘Ambush Marketing’.