Sports Law Forum
Contact Breast Injuries: Combatting the Silent Injury Crisis Threatening Female Athletes
As women’s sport surges in popularity, a silent injury crisis is emerging. In this forum piece, Eliza Galimberti examines the overlooked issue of Contact Breast Injuries (CBIs) and the structural gaps putting female athletes at risk. With CBIs inflicting invisible pain and long-term health consequences, the piece investigates whether governing bodies are doing enough, and what must change to safeguard the next generation of women in sport.
A Study of Unintentional Doping in CAS Jurisprudence
What does it take to prove unintentional doping? David Nawaratne explores key CAS rulings to examine how athletes navigate strict liability, particularly when they can't trace the source of a banned substance. As panels diverge on what counts as credible evidence, the piece questions whether anti-doping enforcement is consistent - or fair.
Saint or Sinner? Why a Recent Tennis Doping Scandal Has Signalled Desperate Need for Reform
Jannik Sinner's success as men’s tennis world number one has been accompanied by a scandal that has reignited debate over fairness in anti-doping enforcement. Julia Kent analyses the controversy surrounding Sinner’s positive test for clostebol, the tribunal’s unexpected ‘no fault’ ruling, and the World Anti-Doping Agency’s appeal seeking tougher penalties. Exploring mounting criticism of closed-door settlements, the piece probes whether elite athletes benefit from a two-tiered justice system and how reforms might spell a brighter future for tennis.
Overcoming Jurisdictional Hurdles: A Case Study of the CAS Ad Hoc Division at Paris 2024
A recurring issue in the initial disputes heard by the 2024 Paris Olympics Ad Hoc Division was whether the Ad Hoc Division had jurisdiction to hear the dispute.
In this MSLA Sports Law Forum piece, James Accadia and Benjamin Batten explain the jurisdiction of the CAS Ad Hoc division and the hurdles that applicants must mount in order to make out jurisdiction. This discussion is illustrated through references to the first four decisions of the Paris 2024 Ad Hoc division.
FIFA’s Human Rights Policy: A Critical Analysis
Following criticism of FIFA’s decision to award the hosting rights to the 2018 and 2022 World Cups to Russia and Qatar respectively, FIFA implemented a new human rights policy, obliging itself to recognise and implement several human rights treaties. However deficiencies in its approach to human rights still remain. In this forum article, Luke Karapetsas highlights these issues and suggests possible reform avenues.
When is Procedural Fairness Breached in the Sporting Context: Recent Decisions of Australia’s National Sports Tribunal
So far in 2023, two disputes brought before Australia’s National Sports Tribunal (‘NST’) have concerned appeals by athletes against governing sporting bodies on the grounds of procedural fairness.
In this Forum piece, Benjamin Batten explores the nature and function of the NST, and how in considering these two appeals, the respective Panel’s grounded their decisions using the common law principles concerning procedural fairness, as developed by the Australian courts, most prominently in the administrative law context.
Athletes, Afghanistan and Australia: How international law and sporting bodies are assisting evacuation of female athletes in Afghanistan
Juris Doctor student, Jordyn Grubisic, discusses the 2021 state of affairs in Afghanistan, and how female athletes are being evacuated from the country.
CAS Ad-Hoc Division at Tokyo 2020 Re-Affirms Strict Position Against Overturning Field of Play Decisions
First Year Juris Doctor Student, Benjamin Batten, explores the appeals against Field of Play decisions considered by the Court of Arbitration for Sport Ad-Hoc Division at Tokyo 2020.
The Russian Doping Saga: Have Legal Avenues Given Icarus New Wings?
Second year Juris Doctor student, Patrice Cialdella, explores the December 2020 ruling of the Court of Arbitration for Sport against the Russian Anti-Doping Agency.
Politics, Human Rights & Sports: An IOC Challenge
Recent Juris Doctor graduate, Sonja Santa Maria, addresses the increasing pressure on the IOC in maintaining its political neutrality in the face of growing human rights abuses and athlete activism.
Caster Semenya - What Is Fair & Meaningful Competition?
MSLA President Krystian Kmita discusses Caster Semenya’s recent appeal against regulations that require female athletes to suppress naturally high levels of testosterone.