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UWI TODAY
– SUNDAY 6 MAY, 2018
Sports is a multi-billion industry
, spanning athleticism,
big business, marketing, entertainment and legal contracts
of many kinds. Sports issues that arise make headlines
worldwide. From the thrill of sporting triumphs to the
taint of doping scandals or the challenges of governance
of hugely popular and lucrative spectator sports such as
football, what goes on extendsmuch further than the playing
field. Recognizing this, The UWI Faculty of Law hosted its
inaugural sports law workshop, “Lex Sportiva – Beyond
the Game”, on April 12 at the Queen’s Park Oval Century
Ballroom in Port of Spain.
Dean Professor Rose-Marie Belle Antoine launched the
workshop, noting that the Faculty offers several new legal
courses, including for the first time, sports law, to provide
high calibre continuing legal education to lawyers and other
professionals.
Among the presenters were British sports lawyer,
author and lecturer Professor Ian Blackshaw; former West
Indies wicketkeeper/batsman Deryck Murray; Dr. Jason
Haynes, senior Legal Officer of the BritishHighCommission
in Barbados; Dr. Justin Koo, lecturer in the UWI Faculty of
Law; Tyrone Marcus, Senior Legal Officer in the Ministry
of Sport and Youth Affairs; Regan Asgarali, an attorney
attached to the Intellectual Property Office of T&T; and
Stefan Fabien, a corporate lawyer and member of the T&T
Anti-Doping Committee.
Dr. Jason Haynes gave examples of sports cases
involving many different types of law, including tort
law (players, clubs, governing bodies or referees finding
themselves subject to legal action for negligent liability for
sports injuries), criminal law (players fighting each other,
hostile fast bowling, spot-fixing/match-fixing, corruption);
and contract law (the “no disrepute” clause which is
frequently included in sports contracts. Players have often
been penalized for violations like drinking alcohol, fighting,
or the case of Mohammed Ali refusing to be in the US Army,
or Michael Phelps’ three-month suspension for smoking
marijuana, or the extra-marital affairs of Tiger Woods
leading to the revocation of his Gillette sponsorship deal).
The workshop touched on many interesting issues,
including a proposal by Dr. Koo of streaming local
grassroots community sports online to make more money
from local sports.
Easily one of the highlights of the workshop was the
contribution of DeryckMurray during the lunchtime panel
discussion. He gave some spirited and forthright opinions
on the state of Caribbean sports management.
Professor Belle Antoine chaired this public discussion
on “Autonomy, good governance and state intervention in
sport.” She observed that in the early days, sport was not
about money but about the games, and administration was
done by friendly, voluntary bodies as an act of service, and
by private bodies by mutual consent. But she said those
days are long gone, as sport is now not just a big business,
but rife with conflict.
In this context, who should govern sports? Is there a
role for the State? Can we expect private sporting bodies to
regulate themselves?It made for interesting debate.
CAMPUS NEWS
We say governments must not interfere
in the running of sports. But of course,
we want the government to fund every
sport across the board. If my taxpayer’s
dollars go to some association running
sport in T&T, or in the region, am I not
entitled to know what they are doing?
– Deryck Murray
The Laws of the Arena
Workshop raises provocative issues:
Who should govern sports?
Is there a role for the State?
Can we expect private sporting bodies to regulate themselves?
B Y S H E R E E N A L I
Belle Antoine alluded to just a few contentious TT
sports issues, such as the selection of Caribbean cricket
teams, the periodic calls to fire the regional cricket board,
and the case of gymnast Thema Williams, who is seeking
millions in compensation for what she says is the TT
Gymnastics Federation’s “harsh and oppressive” actions
against her which shattered her dream of qualifying for the
2016 Olympic games.
In this context, Belle Antoine asked whether decisions
by private sports bodies should be subject to review
(she thinks so, for better accountability). She also asked
whether we should move entirely away from the voluntary
organization of major sports and create State-funded
national bodies to oversee administration.
“All of us participate in sport; whether we play, watch,
or support, we are involved, and we are passionate about
it,” began Deryck Murray. He spoke of sporting ideals of
commitment, dedication, and the purity of competition,
with participants observing the rules and upholding the
spirit of the game: “Whether win or lose, we play by the
rules, shake hands with our opponents, and walk away until
the next time. Those values should never change.”
But he acknowledged that those values do in fact change
because money is involved.
He referred to a document from Transparency
International on FIFA, and said: “FIFA is the most corrupt
body in the world.” He quoted from a November 2015
document which stated that there were 209 football
Mr. Deryck Murray
during Panel on
‘Autonomy, Good
Governance and
State Intervention
in sports’
Panel on ‘Doping and Cheating: Everywhere or Nowhere’ featuring Left to right-Mr. Tyrone Marcus, Mr. Stefan Fabien,
Ms. Grace Jackson and Dr. Jason Haynes.
PHOTOS: KEYON MITCHELL
Cross section of
attendance at Workshop
