Jürgen Bröhmer

Sustainability (the term and the concept) permeates practically every perspective and field of study. Whatever concrete content one can ascribe to it, when it comes to translating that content into tangible reality, legal and regulatory decisions will be one major tool to achieve that. The term and concept of sustainability are closely linked to the environment and its protection. Threats to the environment in general and environmental subsystems, be they the climate, the oceans, the pollution of water, the atmosphere, or the food chain, are often global and not organized along artificial borders that delineate governance systems. The result is a dilemma common to many transnational policy challenges. Transnational governance systems either do not exist, are too weak, or face legitimacy problems. Therefore, policy challenges cannot be effectively addressed (governance deficit). Transnational governance deficits also have repercussions domestically, where this inability to deal with such challenges becomes an argument for restraint at home. This chapter discusses climate change, international trade, and regional integration to illustrate transnational decision-making difficulties. The European Union example shows how even closely related, deeply integrated regional governance entities can struggle to break the confines of national democracies. Comprehensive answers are difficult, if not impossible, to find. Efforts of transnational federalization or increased judicialization (legalization) and subsequent litigation to achieve broader transnational governance outcomes are limited in what can be achieved.

Professor Jürgen Bröhmer at the Murdoch University, School of Law reviews the 4th Edition 2022 of Sports Law By David Thorpe, Antonio Buti, Paul Jonson and Jack Anderson which introduces the body of law that regulates all sporting activities in Australia. It examines the areas of law that apply to sport including governance, torts, criminal liability, intellectual property, marketing, behavioural misconduct, doping, trade and competition. The fourth edition is updated to reflect major legislative and case law changes in sports law, and has extensive content on corruption, gambling and doping.