PUBlisheR: Global sports policy review
Volume 1 | Issue 1 (Autumn 2020)
1. Analytical Study of the Modified Format in the Game of Women's Kho-Kho
Authors: Prof. Darshan Sunil Gandhe, Academician, Pratibha Junior College, Chinchwad, Pune
Dr. Mohit Rajendra Shinde, Academician, Dr. Balasaheb Sawant Kokan Krishi Vidyapeeth, Dapoli, Ratnagiri.
Abstract: As a traditional sport, Kho-Kho is one of the most popular sports in India. While being simple, inexpensive and enjoyable like most traditional Indian sports, it demands physical fitness, strength, speed, ability and stamina. With the modern changes in sports with structures like Pro Kabbadi, it is shifting towards being more of a power game. To understand how the modified format in women’s Kho-Kho has affected the players, the researcher undertook a study on real-life women Kho-Kho players to understand the impact of the same. In this study, the researchers adopted an analytical approach by conducting a study on twenty-five participants and used statistical analysis to evaluate the data and arrive at the conclusion. The Researchers used the Score Sheet, Questionnaire and Interview as tools for Data collection to analyze the performances in Modified Format for Women Kho-Kho matches. To analyze the response a questionnaire was constructed. The procedure for questionnaire construction was followed and then finalized. The Strategies, Skills, Players Performance, Scores of matches, Popularity of game, Physical & psychological factor Players were the factors to find information and contains 15 items included questions.
Keywords: Kho-Kho, modified format, defence division, allrounder
2. Broken Bows and Sky-High Hurdles: The Long Shot to a Robust Regime for Well Managed National Sport Federations
Author: Jesse Jacob V., Student, The National University of Advanced Legal Studies, Kochi
Abstract: The key factor which mars the success prospects of Indian Athletes on the global scale is the mismanagement of National Sports Federations. The suspension of athletics associations, and the shame and loss of opportunities it entails, must kick-start the discussion towards a robust sport management regime in India. It’s high time we have overarching legislation, management with accountability, adequate legislations and allied policies towards the development of the same. This paper intends to delve into the prevailing status quo, the repercussions it landed Indian Sport into and proposes suggestions towards building better
Keywords: Sports, Law, Management, Sport Federations
3. Digital Sponsorship Activation in Sports: A Study conducted during the COVID-19 Pandemic
Authors: Ashis Das, Adarsh Singh, Kushagra Mishra and Mikhil Shenoy, Graduates, Global Institute of Sports Business
Abstract: In the present new normal, there is value in digital sponsorship activation: reach, engagement, customization and convenience. However, several sports marketing executives have a perception that digital activations are not cost-effective and that the activations do not provide significant value for sponsor brands. The reality is that the digital sponsorship activations can be implemented with limited financial resources regardless of in-season or off-season, size of the fan base etc. We showcase several successful implementations that trigger emotional responses towards the sponsor's brand from its fans. Sports industry leaders should have a top-down digital strategy, tap into the GenZ population and not shy away from experimenting using emerging technologies (Artificial Intelligence, Adaptive Machine Learning, Augmented Reality, Virtual Reality) as part of their digital strategy in engaging fans.
Keywords: Digital Activation. Artificial Intelligence, Augmented Reality, Virtual Reality
4. Dispute Resolution Mechanism in Sports
Authors: Yash Gupta & Tanya Sinha, Students, National Law University and Judicial Academy, Assam
Abstract: Sports is a big industry globally. The research paper throws light upon the significance of Dispute Resolution Mechanisms in sports, it emphasizes the need for quick dispute resolution considering the short career of a sportsperson who not only has to be paid a huge sum of money for weekly work but is also vulnerable to underlying risks of injuries which makes it even more important to prioritize speedy and quick dispute resolution. The paper elucidates the ways to settle a dispute in sports and sheds light on the understanding of ADR which acts as an alternative way for settling disputes by facilitating speedy resolution and reasonability of cost. It also explains various ADR mechanisms which have been set up by different sports bodies in India. Further, the paper elaborates on the Gundel Case, which is the most important and landmark case in the field of sports arbitrations. The aim of the paper is to bring out the need for a definite form of Sports Dispute Resolution in India which has been lacking for the past many years. It also aspires to make readers understand the increasing demand of the evolving scenario which emphasizes the need for a uniform civil code for sports and national legislation for sports promotion. The sports disputes in India will increase at a rapid rate as sports is an emerging profession today. Therefore, it is of paramount importance that sports and sportspersons are safeguarded with the help of quick and definite dispute resolution.
Keywords: Sports, Dispute Resolution, Uniform Civil Code
5. Equality in Sports: A Transgender Perspective
Authors: Aindrila Ghosh, Student, Symbiosis Law School, Hyderabad
Subhrajit Chanda, Assistant Lecturer, O.P. Jindal Global University, Sonipat
Abstract: The primary objective of the paper is to analyze the constantly evolving definitions of sex, gender, and sexuality and how they affect the world of sports. It is important to understand that the ever-evolving concepts of sex and sexuality cannot become a judging criterion for eligibility to participate in competitive sports. In a noble profession or passion like sports, there must not exist illogical discrimination on the grounds of sex or sexuality. With time, the previously male-dominated world of sports has become more inclusive and has given women equal rights in the field. This change in attitudes has led to the rise in the number of transgender athletes over the years. However, in terms of the inclusion of transgenders, there is still a long way to go so as to guarantee equal rights to the transgender population. This paper mainly focuses on the discussion of the conceptual analysis of matters related to sexual identity in a competitive sport which emphasizes the origins of transgender policy issues. While discussing the same it also sheds light on the rights of equality related to transgender athletes. The policy reforms that were brought about by the international sports organizations have been analyzed thoroughly. The paper also discusses the impact of such policy reforms on the lives of various transgender athletes. As a society, it is our collective responsibility to break down the walls of discrimination on the grounds of sex and sexuality and to guarantee equal rights and opportunities to transgender athletes.
Keywords: sports, transgender athletes.
6. Legal Protection against Discriminatory Sex-Based Eligibility Rules in Sports: A Critical Analysis
Author: Sathyanarayanan Iyer Gopalan, LLM in Sports Law from Nottingham Trent University, UK
Abstract: Sex-based discrimination in sports has been a long-debated issue. Over time with various movements across the world, sex-based discrimination has reduced significantly. However, the recent developments concerning gender-based issues have been a matter of concern. This article shall try to analyse the legal remedies available under international conventions and declarations which aim at the prohibition of sex and gender-based discrimination.
Keywords: Sex-based discrimination, CAS, Gendertesting.
7. Professional Football and Taxation in France
Author: Derin Kieran Condon, Intellectual Property Legal Counsel, Decathlon United, France
Abstract: COVID-19 has affected many professional football competitions. Even Ligue 1 of France has not been affected any differently by the wave. So, clubs have further reduced the salary of the players. This step by clubs has to lead to uncertainty of glory to many upcoming players who have potentials. On the other hand, taxation is another problem they face in daily terms, whether in the mode of salary or sponsorship. Further, this taxation policy became one of the most significant barriers in the French Professional League, making it less attractive for many upcoming and present star talents. Many professional footballers had criticized the former President due to this policy. This paper will discuss the taxation policy of France with respect to football and its outcome after the era.
Keywords: Professional, Football, Taxation, Players, Ligue 1
8. Should the UK law regulate sporting matters? A critical investigation on how the UK can formally develop sports law to tackle the growing legal disputes
Author: Hannah-Jane McLeish, Masters (Sports law), University of the West of Scotland
Abstract: The rise of sporting legislation has been identified in numerous countries across the globe. From America to China to France, the discussion of sports is present within the law. Countries such as France have gone as far as to define sports and codify the management of sporting bodies. Law creation has enabled a simplified dispute process as there are no question marks regarding who has the authority to control sporting regulations between Sporting Federations and the judiciary. However, the United Kingdom has neglected to make such provisions within their law. The consequences of inaction have led to a system where the court has to decide to preserve national law or allow the proper playing of sport. The limited provisions that discuss sport within the United Kingdom descended from the European Union. Therefore, with the recent exit from the Union. The United Kingdom will no longer adopt new Sporting provisions created by the Union. Providing the best opportunity for the to create a codification of sporting law to cope with sporting disputes and the regulations of bodies who own the objective to handle sporting organisation. There are a variety of features that would be unique to the creation of these laws. This report is examining the extensive argument for legislative review to handle sporting disputes within the United Kingdom. The opposing discussion of the review and the social backlash that is present within any massive change in the organisation of a nationality’s statute. This analysis will provide a balanced argument to demonstrate if the review will be feasible with the current social and economic climate.
Keywords: the United Kingdom, sporting federations, CAS, football.
9. Social Cohesion Through Football: A Comparative Case Study Analysis
Authors: Sameer SJB Rana, Founder and CEO of Sport Initiatives for Youth (SportIFY), Nepal
June Karkee, Researcher and Content Coordinator, SportIFY, Nepal
Abstract: From the beginning of time itself, there have always been violence and conflict within all human communities worldwide. And this violence needs to be stopped as fast as possible before the world ends itself. So cohesion is one of the significant factors which can do that. Now talking about cohesion, nothing is better than sports programmes, specifically football, which can be used as a model of cohesion at the grassroots level. Why so? Football is one of the most played and viewed sports throughout the world. Even history has seen as proof that in the winter of World War II, Christmas evening, the English and German soldiers stopped fighting for a moment and played football in between themselves and forgot everything for a moment. So through this paper, the authors have tried to discuss how effective and impactful social cohesion through football programs can be; So the other countries throughout the world can use it as a model of the bridge to fill the gap between various nations worldwide.
Keywords: Social cohesion, Football, Liberia, Myanmar, Iraq.
10. Sports Doesn't Have A Gender, But Sportspersons Do: The Nuances of Sex Verification in Sports
Author: Janvhi Rastogi, Student, Faculty of Law, Jamia Milia Islamia
Abstract: Men and Women are never considered to be equal. There is a tendency to believe that males are inherently superior to females. Although it is scientifically proven that males are physically stronger yet we cannot say that they are more athletic. This paper firstly gives a brief introduction to sex segregation and how it got deeply embedded in our society by the people themselves. Further, it discusses how it entered the modern-day sport which altogether gave birth to numerous verification tests, which were primarily constructed to please the normative ideas and stands directly in opposition to the trans community and people with ambiguous genes. The second section deals with the four assumptions which formed the basis of Sex Verification tests, regardless of how uncertain they are. The third section is tailored to show how these tests stand in contravention to Human Rights, Data Privacy Rights and autonomy of body is also affected. To put briefly, the premises on which the verification tests were adopted are indefinite. Moreover, there is a serious violation of law; thus, the tests need major amendments. Towards the end, certain suggestions are also made, in order to make sports more inclusive and support all the communities equally.
Keywords: Sex Segregation, Sex Verification Test, Hyperandrogenism, Chromosome, Trans community.
11. The DSD Regulations: A Critical Evaluation of the Necessary, Reasonable and Proportionate Regulation
Author: Rushika M., Student, St. Joseph's College of Law, Bangalore
Abstract: Biological sex is not binary. In spite of the aforementioned, sports has always adopted a conservative approach facilitating the binary classification of biological sex. In recent times, keeping with evolving social perceptions, it has enacted various regulations allowing the inclusive participation of non-binary sexes in its competitions. However, in lieu of sport’s historical approach towards non-binary sexes, the same must be critically adjudged. This paper undertakes the critical evaluation of one such regulation: namely, the “Eligibility Regulations for the Female Classification [Athletes with Differences of Sex Development]” enacted by the International Association of Athletics Federation. In doing so, it is found that the intentions of the IAAF in promulgating the Regulations are questionable, the data substantiating the need for the regulations is severely lacking and unreliable, and that the harm caused by the application of testosterone-suppression treatments to the body and mind of an athlete cannot be collated with the risk posed to the integrity of women’s sport by the unregulated participation of athletes with DSD in women’s competitions. Further, it is observed that the sports industry’s outlook in the context of the female form has hindered its ability to recognize the rapidly evolving conception of womenkind. Various factors determine the biological sex of a person. Hence, one overly simplistic criterion such as testosterone levels in an individual cannot and should not be the basis for deciding the biological sex of a person or subjecting them to regulations such as the DSD Regulations. It is therefore concluded that the DSD Regulations are not only discriminatory, unjustified and disproportionate to the object sought to be achieved by them, they are also prejudicial, hidebound and myopic regulations that must be revoked in order to truly uphold the spirit of the sport itself.
Keywords: DSD Regulations, IAAF, Hyperandrogenism, Caster Semenya, Dutee Chand.
12. The Renault-Racing Point Saga: An Evaluation of the Existing Framework Regarding Valid Transfer of Intellectual Property & Repression of Unfair Competition Under the Paris Convention for the Protection of Industrial Property
Author: Anirban Aly Mandal, Student, Symbiosis Law School, Hyderabad
Abstract: Intellectual Property is an integral part of Formula 1. In a sport that is inherently dependant on technology, by virtue of its nature, having water-tight regulations in place to safeguard the intellectual property rights of the parties competing is of paramount importance. The current dispute relating to Racing Point F1’s brake-duct design is a stern testament to the above. The author shall deal with the aforementioned case and its outcome in the light of the legal validity of the contractual relationships between the concerned parties and the lack of definition within the Paris Convention for the Protection of Industrial Property to ultimately evaluate the existing framework for the transfer and protection of Intellectual Property Rights and the measures to repress unfair competition. The author through this paper seeks to provoke further discussion on matters dealt with herein.
Keywords: Intellectual Property, Paris Convention, unfair competition, sporting disputes.