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This legal part of this post is probably going to come across as arrogant, condescending, patronising and a whole lot of other things. I don't intend for it to be that way but its going to be hard for it not to be considering what I have to say.
Unless you have a background in law (and from the argument presented I presume you don't), you shouldn't. It takes 7+ years to qualify as a lawyer for a reason.
Irish/EU law absolutely supersedes WR regs, it would be mad if the it didn't. I'll get to the second part later in the post, it ties in with the Nacewa argument you presented.
Never part of my argument, my argument is exclusively relating to the grandparent rule, which under Irish law will have to apply to anyone born before 1 July 2005. The new 5 year ruling is probably 5 years because that is an extremely common period of residence required to attain citizenship though.
No it hasn't, the sports lawyer in Nacewa's case never argued a case based on Nacewa's citizenship because he knew it'd be fruitless, his argument was based around undue influence and misrepresentations made by Fiji. It failed because regulation 8.2 provides any player with reasonable notice that if they play for one country they are bound to play for that country and unable to switch. This is not an example of WR regs circumventing or superseding employment equality law, this is a term of contract which every player who plays for a country's 1st or 2nd XV, or 7s team binds themselves to and this is a contractual exception that would limit an employees rights under the Employment Equality Act here in Ireland, NZ is good precedent for Ireland as well considering they are both common law jurisdictions. Anyway, Nacewa is a far better example to endorse my case than my military example, I wish I had thought of it.
The only people hung up on technicalities, baseless and incorrect ones at that, are yourself and Cruz. You found a logical hole in my argument and ran with it, unfortunately as I have said and as Heineken, a qualified and practicing lawyer endorsed, the law is not always logical. WR have a history of enforcing regulations that are stricter than what the law requires such as Nacewa's case and that's perfectly ok, what they don't have a history of is enforcing legislation that is totally against the rules set out in legislation of a country's national law which is what getting rid of the grandparent rule would be. The difference is subtle when put into practice and difficult to understand without a developed understanding of how the law is created and applied. Essentially yourself and Cruz are arguing that World Rugby aren't bound by the law of any country because they are an international sporting body, its absolutely mad when put that way.
"The law is an ass"
Are either of those statements incorrect?
1. Stander said himself he wasn't going to get a contract with the Bulls if he didn't move position. That left whatever other South African clubs would want him and probably only one two year contract to establish himself or else be let go. Considering it wasn't until his third season with Munster, a club who weren't boasting about their backrow talent at the time, that he became a starter. Is it not feasible that he wouldn't have broken into his new club and not been given a contract because he was approaching 25 and had done little of note and be out of rugby or forced to go abroad? It was never stated as fact but its absolutely reasonable
2. You're trying very hard to find something that isn't there. The context I said that in was when I was saying I'd prefer slightly looser eligibility laws if it means the best players will end up playing international rugby. Stander is one of the most entertaining players in the game, he's a key part in the world's 2nd best team, he's part of the reason why every Ireland home game is a sell out. Its the same as Scotland, they'd be awful without their international intake, I prefer good entertaining rugby to that within reason. It's purely me not being a very nationalistic person which is somewhat ironic considering I also have strong nationalist beliefs but that's not for this website at all!
I don't get it.
Unless you have a background in law (and from the argument presented I presume you don't), you shouldn't. It takes 7+ years to qualify as a lawyer for a reason.
On the one hand you're basing your point on the insistence that Irish/EU law supercedes World Rugby regulations but on the other hand it appears you're saying that players wouldn't challenge the the WR regulation on not being able to play for another international union (regardless of citizenship status) because they would recognise it would be a hard nut to crack?
Irish/EU law absolutely supersedes WR regs, it would be mad if the it didn't. I'll get to the second part later in the post, it ties in with the Nacewa argument you presented.
Why would they challenge a regulation about playing in the country for a period of time but not one about not being able to play for another country even if they only had citizenship of their new country?
Never part of my argument, my argument is exclusively relating to the grandparent rule, which under Irish law will have to apply to anyone born before 1 July 2005. The new 5 year ruling is probably 5 years because that is an extremely common period of residence required to attain citizenship though.
The latter has been challenged before by Nacewa (who sort legal advice) and was hit back by the then IRB. I mean if there was ever a case for someone to be able to play for another country Nacewa's case is the best case scenario. Now what's important here is this is a real life example where a IRB regulation trumped employment laws with regards to "discrimination".
No it hasn't, the sports lawyer in Nacewa's case never argued a case based on Nacewa's citizenship because he knew it'd be fruitless, his argument was based around undue influence and misrepresentations made by Fiji. It failed because regulation 8.2 provides any player with reasonable notice that if they play for one country they are bound to play for that country and unable to switch. This is not an example of WR regs circumventing or superseding employment equality law, this is a term of contract which every player who plays for a country's 1st or 2nd XV, or 7s team binds themselves to and this is a contractual exception that would limit an employees rights under the Employment Equality Act here in Ireland, NZ is good precedent for Ireland as well considering they are both common law jurisdictions. Anyway, Nacewa is a far better example to endorse my case than my military example, I wish I had thought of it.
I think you're getting hung up on a possible technicality and saying it can only be so, however WR have a history of enforcing their regulations over and above that of employment laws.
The only people hung up on technicalities, baseless and incorrect ones at that, are yourself and Cruz. You found a logical hole in my argument and ran with it, unfortunately as I have said and as Heineken, a qualified and practicing lawyer endorsed, the law is not always logical. WR have a history of enforcing regulations that are stricter than what the law requires such as Nacewa's case and that's perfectly ok, what they don't have a history of is enforcing legislation that is totally against the rules set out in legislation of a country's national law which is what getting rid of the grandparent rule would be. The difference is subtle when put into practice and difficult to understand without a developed understanding of how the law is created and applied. Essentially yourself and Cruz are arguing that World Rugby aren't bound by the law of any country because they are an international sporting body, its absolutely mad when put that way.
"The law is an ass"
Okay so what did you mean when you said:
...he may not even have carved out a pro career longer than 5 years had he stayed in SA
And
...rugby is better for this guy playing internationally.
?
To me it sounds like:
What is the reasoning used to base those statements on?
- He had some sort of barrier that was likely to force him out of the game by the age of 28
- He didn't stand a chance of playing international rugby if he had stayed in South Africa
Are either of those statements incorrect?
1. Stander said himself he wasn't going to get a contract with the Bulls if he didn't move position. That left whatever other South African clubs would want him and probably only one two year contract to establish himself or else be let go. Considering it wasn't until his third season with Munster, a club who weren't boasting about their backrow talent at the time, that he became a starter. Is it not feasible that he wouldn't have broken into his new club and not been given a contract because he was approaching 25 and had done little of note and be out of rugby or forced to go abroad? It was never stated as fact but its absolutely reasonable
2. You're trying very hard to find something that isn't there. The context I said that in was when I was saying I'd prefer slightly looser eligibility laws if it means the best players will end up playing international rugby. Stander is one of the most entertaining players in the game, he's a key part in the world's 2nd best team, he's part of the reason why every Ireland home game is a sell out. Its the same as Scotland, they'd be awful without their international intake, I prefer good entertaining rugby to that within reason. It's purely me not being a very nationalistic person which is somewhat ironic considering I also have strong nationalist beliefs but that's not for this website at all!