Sports Management And Sports Humanities: Governance, LOC, And ADR

Governance Principles

Discuss About The Sports Management And Sports Humanities.

The International Olympic Committee and National Olympic Committee entrust every organisation of Olympic game. A form regarding the same has to be filled and will abide by all the instructions obtained from the International Olympic Committee. The local authority set up for this purpose is a local committee that will deal with the implementations of the gaming plans. There shall be one direct organiser of the organisation, who will enter into a contract with the stakeholders. The contract will include certain elements such as intention of the parties, offer, and acceptance to the offer, considerations, consent of the parties and legal capacity of the parties (Windholz, 2015). The event owner must have signed a contract with certain committees including the local organisation committee. The organisation committee should have to deal with certain specific arenas and has to look after whether every sport has been given equal treatment in the Olympic event.

The main purpose of this local committee named “All Star Players” is (English, 2017):

• Create installation, competition venues, stadium and training hall;
• Lodge the athletes and other correlated officials;
• Arrange all the required medical service;
• Manage the transportation problems;
• Organise cultural events;
• Prepare final report on the game;
• Promote the ideology of “sports for all”;
• Make stand against doping or other use of drugs;
• Promote additional conscious regarding environmental problems.

In case of any conduction of Olympic Games, there are certain kinds of stakeholders involved. The event owner of the game has to enter into a contract with all those stakeholders. In this case, multiple numbers of contracts are taken into place. The major stakeholders in those cases are various government agencies deal with sports, venue owner, corporate sponsors, broadcasting service providers and the media, participating individual athletes and teams, suppliers and local organising committees (Kanosue et al., 2015). According to the rules of the International Olympic Committee, the local organising committee has to follow all the rules clearly and should abide by the terms and conditions of the contract that has been signed in between the local committee and the event owner of the game.

In case of planning and implementation of the plan of the Olympic Games, the host destination or the government plays an important role. Olympic game is an international event and in this case, players from the foreign countries come to participate in the game and they are capturing certain social, economic and political advantages (Fulbrook, 2017). Good communication program should be retained in between the communities, the infrastructure should have to be developed and attractive tourist program should be taken to make a growth in the financial section of the country. All the related legal provisions should carefully be abided by so that no mishap could take place in this case. Further, special concentration should be given on the environmental degradation and in this regard, Environmental Protection and Biodiversity Conservation Act 1999 should be applied (Murray, 2013). The sports market should be carefully handled and provisions of Competition and Consumer Act 2010 are to be followed.  

Benefits of Incorporating a Local Organizing Committee for the Event

Governance refers to regulatory mechanisms employed by a regulatory authority or authorities. The Olympic team for Australia is governed by the Australian sports commission. This commission is not only responsible for all forms of changes in the sports industry and the selection of athletes for the Australian Olympic team but is also responsible for enforcing guidelines and governance mechanisms within the sphere of the sporting community. Thus basketball as a national sport and an Olympic sport on an international level is governed by this regulatory authority (Krishna, 2013). The governance mechanisms of all forms of contractual agreements within the sphere of sports are also governed and regulated by this authority. As per the mandate of the Australian Sports commission there are various ethical and regulatory guidelines that need to be adhered to by all athletes and all forms of sporting authorities and regulatory boards. These in total adhere to the various ethical guidelines that help create a fair environment for all individuals involved in such contractual relationships (Bartkowiak-Théron & Asquith, 2017). The first of these guidelines is the use of regular reporting on performance and other ancillary financial matters, these reports are disclosures of sort that help create awareness within the public domain. The second guideline is the prohibition on performance enhancing substances in the sphere of professional athletics. The commission also prescribes ethical decision making in all board level decisions to enable equal opportunities to all athletes coming into the same sphere.

A Local Organizing Committee is especially good in managing sporting events within a small area. The Local Organizing Committee would be responsible for the planning, budgeting and execution of such an event and having a proactive planning committee ensures that the same would be created in a way that is efficiently taken care of. In any event, a planning committee would also be able to provide opportunities to participants for future sporting events at the national and international level. This could not be secured by an unincorporated managerial body that executes such an event (Deans et al., 2016). In case of changes to the structure of the event or in case of any delays or changes in schedules an incorporated Local Organizing Committee would be the most efficient recourse and would be able to curb most reasonable hindrances to the event (Palmer & Warren, 2013). The existence of an incorporated Local Organizing Committee also brings in legal validity to sporting contracts entered into for such events and the same would be legally enforceable in case of breach of contract.

Alternative Dispute Resolution Procedures

In case of breach of contract in sporting contracts or for any other form of dispute arising out of the terms of a sporting contract would have to be resolved through due process of law. Ideally this means that an action for breach of contract or a petition alleging the kind of dispute arising out of the contract would have to be brought before a court. Thus the interpretation of the contractual terms is completely in the hands of the court. A court procedure is usually a long drawn out process which goes through various processes of a trial and the same is an expensive mode of dispute resolution (Chapman, Alpers & Jones, 2016). In case of such disputes, a more cost effective and timely approach is the employment of alternative dispute resolution processes. These are dispute resolution methods that avoid the court procedure but require the consent of both parties to be bound by the decision of the adjudication process. The various alternative dispute resolution options available to sporting authorities in such a case are enumerated and explained below (Coombes et al., 2015):

Arbitration is an alternative dispute resolution process which employs an adjudicator agreed upon by the parties or appointed through court procedures. An arbitration process work in similar ways to a court and both parties are bound by the decision of the arbitrator as the same has been agreed upon. Arbitration is mostly invoked through an arbitration clause that is present in the agreement or as a separate arbitration agreement where the parties agree that all disputes arising out of the contract would be adjudicated through an arbitration process which both the parties would be bound by. This is effective and fast and thus is an ideal mode of dispute resolution.

The process of meditation, though similar to arbitration, does not give binding judgments on a matter. In this process one such person is appointed by the parties as the mediator and the mediators role is to hear the dispute from both sides and urge them to reach an amicable solution through mutual understanding and compromise. These compromises may or may not be accepted by all parties and hence the process of mediation does not provide concrete solutions which bind both parties.

Stakeholder engaged	Purpose
Government Sporting agencies	These are crucial in procuring permissions and also in providing future opportunities to participants.
Venue Owner	To procure a suitable venue.
Corporate Sponsors	For sponsorships and partners.
Media Sponsors	To ensure adequate coverage.
Suppliers and Local Organizing Committees	To provide equipment and managerial assistance.

 

The IOC Olympic charter provides for various ethical responsibilities which need to be adhered to by all participants and organizing committees in case of any sporting event (James, 2017). The whole point of a dynamic regulatory system is to ensure a fair and ethical environment for all people participating and engaging in policy decision on behalf of sporting authorities. That is the interaction of this Local Organizing Committee with international regulations.

Reference list

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Chapman, S., Alpers, P., & Jones, M. (2016). Association between gun law reforms and intentional firearm deaths in Australia, 1979-2013. Jama, 316(3), 291-299.

Coombes, J. S., Law, J., Lancashire, B., & Fassett, R. G. (2015). “Exercise is medicine” curbing the burden of chronic disease and physical inactivity. Asia Pacific Journal of Public Health, 27(2), NP600-NP605.

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Fulbrook, J. (2017). Outdoor activities, negligence and the law. Routledge.

James, M. (2017). Sports law. Macmillan International Higher Education.

Kanosue, K., Kogiso, K., Oshimi, D., & Harada, M. (Eds.). (2015). Sports management and sports humanities. Springer Japan.

Krishna, A. (2013). WOMEN, SPORTS AND THE LAW: THROUGH THE LOOKING GLASS. International Sports Law Review Pandektis, 10.

Murray, S. (2013). Sports diplomacy in the Australian context: A case study of the Department of Foreign Affairs and Trade. Sports Law eJournal.

Palmer, D., & Warren, I. (2013). Zonal banning and public order in urban Australia. Policing cities: Urban securitisation and regulation in a 21st century world, 79-96.

Windholz, E. (2015). Professional sport, workplace health & safety law and reluctant regulators. Sports Law eJournal, (2015).