International Sports Law Research Papers (original) (raw)

Idrott är sedan länge Sveriges största folkrörelse och det är svårt att hitta någon verksamhet som omfattar en så stor del av samhället som idrotten gör. De rättsliga reglernas påverkan på idrotten har traditionellt sett varit begränsad,... more

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- Sports Law, International Sports Law, European Sports Law
- by Lloyd Freeburn
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- Sports Law, Political Science, International Sports Law, European Union

C Measures Managed by the Clubs/the League 1 General To the extent that it can be assumed that the legislation passed by the British Government was effective in reducing hooliganism, (210) measures implemented by the clubs may similarly be assumed to have contributed (either in combination or in isolation) to this decrease. (211) One important measure that clubs have implemented is a significant increase in ticket prices. (212) This changed the demographic of spectators at football matches by excluding from stadiums certain categories of spectators whilst attracting others. (213) Currently, spectators include more middle class people and fewer young, white men from the lower income social groups. (214) A recent survey of the Premier League has also shown that 23 per cent of fans are now women and 11 per cent belong to ethnic minorities. (215) This phenomenon, combined with a large number of regular season ticket holders who have allocated seats (and who can therefore be more easily ...

- by Lloyd Freeburn
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- Sociology, International Sports Law

Denna bok tar ett samlat grepp om rättsliga och idrottsliga åtgärder mot doping. Boken utreder bland annat vad som utgör doping, vilka motiv som ligger bakom olika åtgärder och när olika regler är tillämpliga. Den behandlar också det faktum att vissa dopingbekämpande åtgärder inom idrotten är rättsligt förbjudna. Författarens ambition är inte att undergräva idrottens antidopingarbete, utan att peka ut brister och problem för att i förlängningen stärka kampen mot doping, genom utformningen av ett regelverk som är förenligt med rättsliga krav.

- by Johan Lindholm
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- Criminal Law, Constitutional Law, Public Administration, Contract Law

Компетенция Спортивного арбитражного суда в Лозанне (далее –
CAS) [1] по допинговым спорам основана на положениях Всемирного антидопингового кодекса (далее – ВАДК) [2], в частности ст. 4.4.7 и 4.4.8, в соответствии с которыми CAS является исключительной апелляционной инстанцией по обжалованию решений международных федераций, национальных антидопинговых организаций и Всемирного антидопингового агентства (ВАДА) [3]. Также в силу ст. 8.5 ВАДК нарушение антидопинговых правил, обвинение в котором выдвинуто против спортсмена международного или национального уровня, с согласия спортсмена, антидопинговой организации, проводящей обработку результатов, ВАДА и любой другой антидопинговой организации, которая бы имела право на подачу апелляции на решение первой инстанции в CAS, может быть рассмотрено сразу CAS без соблюдения требования предварительного слушания.

- by Aliaksandr Danilevich
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- International Sports Law, Doping, Sports Law and Arbitration

In many countries the Sports are considered as a religion. This paper talks about the history of sports that how sports became so important in every persons life and how it grew so many fans. This paper contains the wordings of some of the famous person all around the world. This paper also talks about the how sports became religion for many people. The difference between leisure time and religious time is given in this paper. It also talks about the religious books sayings. This paper cover matters in every aspect of sports related to the restrictions in games, equipments etc. This petition which was filed under NCAA is also give. This petition was related to the equipments in sports. It contains the sports fight related to religion and the comments which were passed on the religion basis. It also talks about the appeals which were made to change momentum that gained in 2011 from the Iranian authorities and supported by the Asian Football Confederation through FIFA vice president Jordan’s Prince Ali Bin Al Hussein and the United Nations. The decision paves the way for Muslim women to wear the hijab, Sikhs to wear the turban and Jewish players to wear the kippah without fear of any rule violation. It also contains the major issues and the decisions which have been took so far to resolve these issues.

- by Sparsh Mehra
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- Sports Law, International Sports Law

The strict liability principle has been applied in doping disciplinary rules for decades. This principle is specifically applied where an athlete’s blood or urine sample has returned a positive test result for the presence of substances which are prohibited in sport. In various cases the Court of Arbitration for Sport (CAS) has considered the strict liability principle from a private law perspective and in one such case, Bernhard v ITU, the CAS indicated that “[t]his is … a faithful transposition of the civil (tort) law concept of strict liability”. It has, however, been suggested that private law principles should not be applied when athletes are accused of having committed anti-doping rules violations, especially in respect of allegations where the strict liability principle finds application. Soek, although admitting that the field of disciplinary doping law is surrounded by private law, specifically asserts that the law of contract should have no influence in the sphere of doping disciplinary law and that solutions offered by the private law will always “fall wide off the mark”. It is widely accepted that the relationships between athletes and sports governing bodies are of a contractual nature4 and the World Anti-Doping Code (the Code) itself acknowledges the contractual relationship
between athlete and organisation. In this article it will be argued that due to the fact that athletes are contractually bound not to commit antidoping offences, the influence of the law of contract cannot be ignored and that the law of contract can provide meaningful insight into the application of the strict liability principle.

Kosovo's Declaration of Independence in the year 2008 caused a massive stir within the International community which brought the debates of recognition to the forefront. The dispute between Serbia and Kosovo has not only resulted in countless lives being destroyed but economies being stalled with the failure of Belgrade-Pristina talks. Serbia has been adamant on not recognizing Kosovo as an independent sovereign state. This has led Kosovo to search for different battlefields to garner the consensus of the International Community regarding their free status. Sport is the new battlefield to show the soft power of diplomacy. In the past few years, Kosovo has tried to garner membership in countless governance bodies, inter alia, FIFA, UEFA, etc. This has largely helped Kosovo towards its aim of recognition by the United Nations and the European Union. To halt this approach Serbia challenged Kosovo"s membership in UEFA in the Court of Arbitration for Sport. The contentious issue was the interpretation of Article 5(1) of the UEFA Statutes. This paper analyses the said proceedings in the light of Kosovo"s battle for recognition. Through this the author aims to lay down the requisite ambit of sport diplomacy by the stakeholders and governance bodies.

SOMMARIO: 1. Premessa.-2. Istituzioni e fonti normative in materia di doping sportivo.-3. (Segue): fonti normative e istituzioni internazionali di tipo privatistico.-4. (Segue): l'Agenzia mondiale antidoping (WADA).-5. (Segue): fonti normative e istituzioni di tipo pubblicistico.-5.1. Livello interstatale.-5.1.1. La Convenzione antidoping del Con-siglio d'Europa.-5.1.2. Altri atti internazionali per la lotta al doping.-5.1.3. La Convenzione dell'UNESCO contro il doping nello sport.-5.2. Livello nazionale.-5.3. Livello dell'Unione europea.-5.3.1. Base giuridica per un'azione dell'Unione europea.-5.3.2. L'attività dell'Unione europea in materia di lotta al doping.-5.3.3. Il caso Meca-Medina.-6. La disciplina materiale della lotta al doping nello sport.-7. La triplice ratio della lotta al doping nello sport.-7.1. Tutela della salute degli atleti.-7.2. Tutela della eguaglianza competitiva.-7.3. Tutela dell'etica sociale e sportiva.-8. La presenza del principio precauzionale nelle norme e nella prassi antidoping.

- by Massimo Coccia
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- Sports Law, International Sports Law, Precautionary Principle, Doping

The work, starting from a recent judgement of the Administrative Regional Court of Lazio, focuses on several topics related to the legitimate right of organizing the regularity rallies, with particular attention on the topics of insurance... more

- by Federico Onnis Cugia
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- Antitrust (Law), Sports Law, Insurance Law, International Sports Law

As Association Football Clubs look to finance player transfer fees, lenders have seen an increasingly prevalent role and will seek to secure their loan against club assets. One of the methods of securing lending has been to utilise the transfer market value of player economic rights. This paper examines the insolvency effects of a lender taking an interest in the eventual, prospective proceeds of a sale of a player's economic rights. It asks how a transaction might be structured to secure a loan using the value of a player's economic right and examines the potential pitfalls within the private international law rules of association football and the insolvency rules of England and Wales. The authors suggest that FIFA regulations involving third-party participation, Articles 18bis and 18ter, are incongruent with the rules controlling the same matter as found within the English FA and the English Premier League. The result produces inconsistent certainty as to how a lender could structure a loan. It is suggested that the FIFA regulations apply with direct effect and any transaction should heed to the stricter interpretation found therein. Secondly, the case in the matter of Football Creditors highlights a red line for the risks of unsecured lending to football clubs. The paper proposes two methods for ensuring a transaction provides a lender with adequate protection against insolvency and the Football Creditor Rule and against the unclear FIFA regulations when a lender uses the proceeds from the sale of a player's economic right as collateral.

- by Matteo H Clarkson-Maciel
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- Football (soccer), Sports Law, International Sports Law, Insolvency Law

CAS 2014/A/3516 Georges Yerolimpos v. World Karate Federation

Athletes are not just sports people; they are certainly among the most prominent figures of their present time, playing an important role in shaping opinions with their power to inspire. For this very reason, athletes’ freedom of expression is strongly limited by the sport authorities in light of the fundamental principle of sport neutrality. This study analyses and questions the traditional constraints to athletes’ free speech by taking into
consideration the role of human rights in sports legal order and in sporting affairs. By assuming an emerging relativization of sport political neutrality, the essay investigates the case-law concerning athletes’ freedom of expression identifying limits and perspectives of the current evolutions on athletes’ public statements, establishing to what extent a reform
of the present sporting regulation on freedom of expression is needed.

- by Antonio Di Marco
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- International Law, Human Rights, Sports Law, International Sports Law

The author analyzed the features of legal construction of the contract on the transfer of a professional athlete from one sports club to another (transfer contract). The author concludes that the transfer contract is a civil law contract, which mediates a sports club assignment of the claim to the athlete for the implementation of sports activities and participation in sports, in favor of another sports club, for the contract fee. At the present stage of national professional sports the conclusionof transfer contracts in Ukraine is actually illegal, asit breaks the law. The only possibility of legal and regulatory reasonable use of transfer contracts in Ukraine is the legal recognition of civil law relations arising between athletes and sports clubs about the implementation of sports activities and participation in sports with the possibility of contracting the provision of sports services (sports contracts).

- by Maxym Tkalych
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- Civil Law, International Sports Law

Betting and gambling has on every occasion been a part of human
civilization. Gambling is probably as old as humanity and has been globally
practised in numerous forms such as gaming, betting, races, wagering,
etc. The vantage point of society towards betting and gambling has varied
across time and geography. Even one of the most ancient Indian text Rig
Veda too minced words: “The gambler’s wife is left forlorn and wretched:
the mother mourns the son, who wanders homeless. In constant fear, in
debt, and seeking riches, he goes by night unto the home of others.”
Recently in 2018, the Law Commission recommended that “legalising
betting and gambling in the present scenario is not desirable and that a
ban must be enforced on unlawful betting and gambling. It however said
that if this is not possible, then regulating this activity is the viable option”1.
The question came up after the Supreme Court asked the commission to
study the possibility of legalising betting in the backdrop of the IPL betting
Nevertheless, in the modern world blockaded by the ideologies of avidity
and monetary gains, the concept of gambling and betting in Sporting
Events has acquired unprecedented importance as a procedure
guaranteeing quick money.
This paper seeks to highlight the historical development of betting and
gambling in India and the issues related to it. It discusses the pros and
cons of internet gambling and addresses the question as to why there is a
need for regulation of internet gambling in India. The paper gives insights
into the Constitutional framework of betting in India. The paper further
addresses the question of morality as to how far it is a challenge as it
denounces dilution in game of chance. Lastly, the paper seeks to analyse
the much debate issue that whether is it possible to legalize gambling in
India in light of the present circumstances?

- by Subhrajit Chanda
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- International Sports Law, India, Morality, Gambling

The persistence of doping in professional sports—either by individuals on an isolated basis and by whole teams as part of a systematic doping programme—means that professional sport today is rarely if ever untainted. There are financial incentives in place that incentivise doping and there are data that show that doping is often a systematic, organised enterprise (either at team-level, or at state-level). The main question to be answered today in professional sports is whether doping’s repressive anti-doping policies do not have greater negative consequences for society. Whilst some have suggested legitimising safe doping under medical control, in this paper, I argue that doing so will do little to prevent clandestine use of dangerous performance-enhancing substances, and suggest an alternative solution to lifting the ban on doping, i.e. starting from extending liability for doping in sport beyond athletes to those holding power and authority over athletes, to changing winning incen...

- by Silvia Camporesi
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- Business, Philosophy, Applied Ethics, International Sports Law
- by Kerem Öz
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- Sports Law, International Sports Law, Olympic Games

EU law is relevant to CAS arbitration insofar as it sets forth mandatory rules of law (“lois de police”, “lois d’application immédiate”), i.e. rules of a public law nature which are enacted to protect public policy interests and need to be respected and applied irrespective of the law applicable to the case. EU mandatory rules relevant to sports are notably internal market rules (free movement of workers, right of establishment and freedom to provide services) as well as competition law prohibitions against anticompetitive agreements and abuses of a dominant position. The most challenging and controversial issues arise from the
application of EU competition law to sports matters, particularly within the context of arbitration at the Court of Arbitration for Sports.

- by Massimo Coccia
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- Sports Law, Arbitration Law, International Sports Law, European Union Law

The purpose of this research is to explore the match-fixing proceedings before the Court of Arbitration for Sport (CAS) to contribute to a better understanding of its legal nature, standard of proof, and the betting fraud detection system as analytical data evidence.
Sports betting is a global treat that not just governments are facing, sports organizations have to deal with its negative consequences, one of them is match-fixing. This research paper contains CAS Jurisprudence from 2013 related to the purpose of its research.

- by Nahik Solano
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- Football (soccer), International Sports Law, Sports Arbitration, Standard of proof

This paper updates the paper that was last published in 2015, and states the law as I understood it to be in October 2017 including consideration of the potential impact of Brexit. As with the earlier paper it considers both how employment law impacts on the relationship between clubs as employers and playing and coaching staff as employees. In this context the paper focuses on contractual terms, disciplinary issues and wrongful and unfair dismissal. The second half of the paper focuses on sport specific employment rules in the wake of the Bosman ruling. The paper discusses critiques of the transfer system as it operates within domestic leagues and with respect to international transfers as regulated by the post-Bosman FIFA transfer rules. Of ongoing importance is the formal legal challenge before the CJEU which has been brought by the players' union, FIFPro. The paper has been expanded to discuss the second limb of Bosman with regard to player nationality quotas, and discusses critiques of UEFA's Home Grown Players rule. The paper also explains the Kolpak ruling and possible consequences for both Bosman and Kolpak of the June 2016 referendum in Britain and the ongoing Brexit process.

- by Roger Welch
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- Employment Law, Sports Law, International Sports Law, European Union Law

The advertising industry has long since recognised the opportunities that sport holds for marketing. The sports industry manages on a weekly basis to attract to a single location a significantly large group of consumers that can all be simultaneously reached with a single message, a feat which no other industry achieves to quite the same extent. The advertising industry has consequently begun to concentrate more and more on sport as a tool to expose consumers to goods and services. This has manifested in several ways: billboards have been erected near sports stadia, flyers and free samples are handed out to spectators outside stadia, aeroplanes with banners have flown over jam-packed stadia, businesses in the areas around stadia promote special offers, newspapers and magazines include posters of sports heroes in their publications, advertisements contain images of sports and air time for advertising during radio and television broadcasts of sport are sold like hot cakes.
The controversy surrounding ambush marketing invokes a hefty debate, with viewpoints ranging from the absolute free market approach allowing everything, to the draconian regulation of any form of advertising during a specific sports event. In essence, the debate turns firstly on the question of whether ambush marketing should be subject to regulation at all. Secondly, if ambush marketing indeed requires regulation, to what extent should it be regulated?

- by Larissa I Zakharova (Rybkinа)
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- International Law, Sports Law, United Nations, Discrimination

По мере интеграции европейских государств расширялась компетенция и самого Европейского Союза (ЕС). Результатом этого стала возможность регулирования сферы спортивной деятельности. Данные выводы подтверждаются увеличением количества дел касающихся спорта, рассмотренных Судом ЕС. Таким образом, до 1999 года Судом Европейских Сообществ было принято четыре преюдициальных решения в спортивной сфере, в результате запросов национальных судебных органов. А уже через десять лет судебная практика по рассмотрению спортивных споров превысила три с половиной десятка дел.
Однако формирование регулирования данного сектора социальных отношений происходило не путем издания общенациональных правовых норм, которые бы регулировали спортивную деятельность в пределах государств-участников Сообщества, а путем создания прецедентного права по мере появления спорных моментов. Такими моментами выступают противоречия, возникающие между квазиправовыми нормами, общепринятыми в сфере спорта, и основополагающими принципами и нормами, установленными в первичных источниках права Европейского союза.
В результате таких противоречий стороны спортивных споров прибегали к помощи института Европейских сообществ (позже института Европейского союза), который обладал необходимой компетенцией для толкования норм права ЕС и разрешения таких споров. Таким институтом являлся Суд Европейских Сообществ (теперь Суд Европейского союза – Court of Justice of the European Union).

- by Andrei Rohau and +1
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- European Law, International Sports Law

Both policy makers and sport stakeholders have fought against doping since the 1960’s but largely separately from each other. In light of recent events, political discussion, and academic debate, this article considers the expediency of using legislation to fight doping in sports. Building upon and comparing experiences in the U.S. and in Sweden, this article concludes that increased governmental involvement is undesirable from both the policy makers’ and the sport stakeholders’ perspectives. The reasons for this conclusion are, primarily, (i) that they are driven by different aims, (ii) that they differ in what they consider doping, (iii) that policy makers may push rules in sports in an unwanted direction, (iv) that expanded government involvement increases the likelihood of fundamental rights challenges to sport rules, and (v) that there are alternative ways of enhancing existing rules’ efficiency.

- by Johan Lindholm
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- Sports Law, International Sports Law, Performance Enhancement, Doping

A recent judgment of the Thessaloniki 1st Instance Court declared enforceable a CAS decision in Greece. This is a landmark ruling, not just for Greece, but probably for Europe too, if not globally. The judgment will surely be received positively by CAS, since it is implementing what has been repeatedly and widely supported, namely that CAS decisions are to be recognized and enforced according to the New York Convention. Still, from the Greek perspective there are some issues in need of clarification.

- by Alexandra V Veuthey
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- International Sports Law

This article examines the minute and fascinating relationship
between the Court of Arbitration for Sport (CAS) and the
international governing body for association football, FIFA. This
paper will attempt to examine how effective the CAS has been. It
will tease out whether subsequent complicate within FIFA occurs
and why the judicial principles of the CAS provide a sobering
voice within FIFA. Additionally, in examining the close
relationship the CAS has with FIFA, it will become clear why
FIFA is capable of extracting unanimous adherence to CAS
findings. In essence, it creates an international regime in which
compliance is a tacit criterion of participation. Examining FIFA
through the lens of international political theory authorizes a
fascinating perspective on the CAS and its relationship. It is the
organization’s structure and operation as an international
regulator that contributes to CAS award adherence. To facilitate
this journey, one must first understand the role FIFA plays in
international sport, and the type of relationships it has with
subsidiary members.

- by Matteo H Clarkson-Maciel
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- International Regimes, Effectiveness, International Law, Sports Law

This is my version of a book chapter, co-authored with Simon Gardiner, included in 'Research Handbook of Employment Relations in Sport', edited by Michael Barry, James Skinner & Terry Engelberg and published by Edward Elgar in 2016. The chapter explains how the transfer system operates in the British football leagues and considers the operation of transfer systems in professional sport in the wake of the Bosman ruling and the reformed FIFA international transfer rules. The chapter discusses contemporary critiques of the FIFA rules, and has been updated to consider the possible future of Bosman with respect to British football if and when Britain ceases to be an EU Member State as a result of the Brexit process.

- by Roger Welch
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- Employment Law, European Law, Sports Law, International Sports Law

The key to understanding the common practices of a society within a polity is by understanding the legislative framework of the polity. Athletics and sports generally, is a field that has been totally ignored in the legal study. However, sports have proved to be a very venturous field which impact greatly on the economy both globally and locally. This has brought several practices which are subject to different regulation. The question which comes about is “is global and Kenyan regulatory framework robust enough to tackle these upcoming trends in sports which influence the global economy?” This document seeks to analyse the global and local regulatory framework of athletics. The intention is to identify the gap in regulatory framework which calls for immediate scholarly attention

- by Kelvin C Omuojine
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- Sports Law, International Sports Law, Privacy and data protection, Anti-Doping

The world's largest sports organization, FIFA, is caught in a corruption scandal as the U.S. Department of Justice leads a criminal investigation that indicts 14 of its top officials from North, Central and South America and the Caribbean on charges of racketeering, wire fraud and money laundering. How can FIFA regain the public trust? Should international organizations be more transparent?

- by James S O'Rourke IV and +2
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- Business Ethics, Crisis Management, Crisis Communication, International Sports Law
- by Karthik Shiva
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- Sports Law, Sports History, Sports Management, International Sports Law

Our modern society has become transfixed with celebrity. Business people and marketers also endeavour to cash in on the popularity enjoyed by the stars and realise the value of associating merchandise or trademarks with the rich and famous. This leads to difficulties when the attributes of a person are apparently used without consent, which poses new questions to the law: should the law protect the individual against the unlawful use of his or her image? If so, to what extent should such protection be granted? These were some of the questions which the court had to answer in Wells v Atoll Media (Pty). The judgment in Wells has redefined the right to identity and provided some clarity on what the infringement of that right would amount to. When the attributes of a person are used without consent, the right to identity can be violated in one of four ways. A person's right to identity can be infringed upon if the attributes of that person are used without permission in a way which cannot be reconciled with the true image of the individual concerned, if the use amounts to the commercial exploitation of the individual, if it cannot be reconciled with generally accepted norms of decency, or if it violates the privacy of that person.

This article examines the Court of Arbitration for Sport (CAS), dealing first with its history and its organization and then with the most relevant procedural issues that are encountered in CAS arbitration proceedings. In particular, this article explores some of the features which characterize and distinguish the CAS ordinary arbitration procedure, the CAS appeals arbitration procedure and the CAS Olympic arbitration procedure. Important procedural topics such as jurisdictional and admissibility issues, the appointment and challenge of arbitrators, the participation of third parties in CAS proceedings and the granting of interim measures are analyzed in depth. Evidentiary issues are also examined in detail, with particular reference to burden of proof, witness statements and discovery. Finally, the article examines the appeals to the Federal Tribunal against CAS awards and the various grounds for annulment provided by Swiss law.

- by Massimo Coccia
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- Sports Law, International Arbitration, Arbitration, International Sports Law

Sports and International Law

- by Franck Latty
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- International Law, Sports Law, Public International Law, International Sports Law

D’un côté, les spécialistes de droit du sport ont longtemps été des privatistes et des publicistes à la culture « interniste » peu familiers des instruments du droit international. De l’autre côté, les internationalistes, de droit privé comme de droit public, ne s’intéressaient guère à cette matière sportive qu’ils jugeaient un peu frivole. Pourtant le sport de compétition international est aujourd’hui « saisi » par un droit international distinct du droit transnational produit par les institutions sportives qui se prétendent auto-suffisantes et autonomes. La Branche française de l’International law association a donc pris l’initiative de réunir certains des meilleurs spécialistes académiques et praticiens de droit du sport, entourés d’universitaires d’autres spécialités pour une réflexion sur les thématiques actuelles de la régulation du sport international. Ces échanges ont été organisés à Marseille par le Centre de droit du sport d’Aix-Marseille Université, le Centre de recherches en droit économique de l’Université Nice-Sophia Antipolis et la Branche française de l’ILA. Les passionnantes réflexions qu’ils ont nourries sont rassemblées dans le présent ouvrage.

Professional Football Player Contracts are contracts made between professional football players and football clubs. These contracts are accepted as employment contracts because of employment relationship between the players and the clubs. However, employment relationship between the players and the clubs doesn’t last forever. The contracts may end automatically or may be terminated by the players and/or the clubs. There are a number of results that may arise as a result of the termination of the contract. In case of disputes arising from employment relationship between the players and the clubs competent judicial authority and the applicable law may vary by the nationality of the player and by the choice of the parties of the contract.

- by Yakub Kızılkaya
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- Sports Law, International Sports Law, Employment Relationship, Football Player
- by Pedro Trengrouse
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- Corporate Social Responsibility, Sports Law, Sports History, Sports Management