Open Access (free)
John Mceldowney

100 DISCIPLINES 7 Law john mceldowney This chapter offers a legal perspective on democratization by focusing on a tightly linked set of issues straddling the border between political and judicial power as they have arisen in, first, the United Kingdom, second, Britain’s relationship with the European Union, and third, the wider international system. The discussion illustrates the claim that no analysis of democratization can be complete without taking into account the dimension of judicial power and its implications for democratic accountability even, perhaps

in Democratization through the looking-glass
Author: Sara De Vido

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Richard Parrish

6 Reconciling sport and law The EU has been characterised as a regulatory state (Majone 1996). Embedded within the EU’s constitutional and normative structure is a predisposition for the promulgation and enforcement of rules. In other words, the forces of negative as opposed to positive integration have historically driven the integration process (Pinder 1968, 1993). Knowledge about regulation and not budgets or votes has been the key resource EU officials have striven for. Yet knowledge has a ‘dark side’ – technocracy (Radaelli 1999b: 758) – and this

in Sports law and policy in the European Union
Richard Parrish

5 Sport and EU competition law In applying EU competition law to sport, the Directorate General for Competition Policy (herein referred to as the Commission) has been caught between three powerful forces. First, the Commission has a constitutional commitment to promote and protect the free market principles on which much of the Treaty of Rome is based. In this capacity it shares a close relationship with the ECJ. The ECJ’s rulings in Walrave, Donà and Bosman have played an important role in placing sport on the EU’s systemic agenda in a regulatory form. The

in Sports law and policy in the European Union
Author: Richard Parrish

The increasing commercialisation of sport raises important questions concerning regulation. The development of the European Union (EU) and the internationalization of sporting competition have added an international dimension to this debate. Yet sport is not only a business, it is a social and cultural activity. Can regulation at the EU level reconcile this tension? Adopting a distinctive legal and political analysis, this book argues that the EU is receptive to the claim of sport for special treatment before the law. It investigates the birth of EU sports law and policy by examining the impact of the Bosman ruling and other important European Court of Justice decisions, the relationship between sport and EU competition law, focusing particularly on the broadcasting of sport, the organization of sport and the international transfer system, and the relationship between sport and the EU Treaty, focusing in particular on the impact of the Amsterdam and Nice declarations on sport and the significance of the Helsinki report on sport. This text raises questions concerning the appropriate theoretical tools for analysing European integration.

Christopher T. Marsden

(AVMS) provider where it is the editorial controller of video. 3 Under European law: ‘electronic communications service’ means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including

in Network neutrality
Richard Parrish

7 The future of EU sports law and policy A central objective of this text was to place some order on the seemingly random and ad hoc impulses of EU activity in the sports sector. The book claims that today’s EU sports policy has developed out of a policy tension within the EU. The tension between the Single Market regulatory impulses of EU activity in sport and the EU’s political policy objectives for sport has contributed to the birth of a EU sports policy defined by the construction of the separate territories approach. In other words a distinct legal approach

in Sports law and policy in the European Union
Richard Parrish

1 The birth of EU sports law and policy Despite the absence of a Treaty base, the EU currently operates a sports policy. This policy is the product of activity within the EU’s sports policy subsystem, a subsystem formed in response to the infamous Bosman ruling. Prior to that the EU operated a highly polarised and fragmented sports policy characterised by two conflicting policy approaches to sport. First, the EU took a fleeting regulatory interest in sport. The ECJ and the Competition Policy Directorate intervened in sport to correct free movement and

in Sports law and policy in the European Union
Richard Parrish

2 Towards a theory of EU sports law and policy Traditionally in Britain, sports law has not been a theorised area of study. To some extent this unsatisfactory state of affairs still persists despite the teaching of sports law as an academic discipline on a growing number of University programmes. Sports law programmes are run by the Anglia Polytechnic University, Kings College, the Manchester Metropolitan University and the University of Westminster. The reporting and analysis of sports law is improving. Since 1993 the British Association for Sport and the Law

in Sports law and policy in the European Union
Catherine Laws

10 Beckett and unheard sound Catherine Laws The prospect of silence Beckett’s work has often been perceived as pushing towards its own obliteration, ever closer to the silencing of the voice. His ‘characters’ – though hardly that – with decaying, almost useless bodies, situated in barren environments, steadily insist that there is nothing to say and no possibility of knowledge or understanding, while (and by) fizzling on with their increasingly broken, empty, repetitive, hopeless – and often very funny – narratives of their very attempts to tell meaningful

in Beckett and nothing