The International Sports Law Journal

Asser International Sports Law Centre publishes The International Sports Law Journal. Topics covered in this journal include General Sports. Articles are geared toward an audience of individuals interested in sports and the law, including practitioners, those associated with academics and others. Information in this journal contains topics specifically related to sports and the law, including national and international developments in sports.

Articles from No. 1-2, January-April

10 Years of Bosman: The Fight for Player Freedom Continues *
Bosman is and always will be a landmark judgment in sports law. By its ruling in Bosman in 1995 the European Court of Justice underlined that sport, just like any other economic activity, is subject to ordinary rules of European law. Until then, the...
Address to the Congress of the International Association of Sports Law
Johannesburg, South Africa, 28 November 2005 At the official opening of the Congress of the International Association for Sports Law, I bring you greetings and salutations from Count Jacques Rogge, President of the International Olympic Committee...
Anti-Doping Law in South Africa-The Challenges of the World Anti-Doping Code
1. Introduction South African sports, has developed extensively since the advent of our democracy. This national awakening in sports owes its roots to the adoption of constitutionalism and the recognition, respect and upliftment of fundamental human...
Baseball's Doping Crisis and New Anti-Doping Program
The first World Baseball Classic confirmed that baseball is no longer simply the national pastime of a single country, the United States. (1) It is thoroughly international. The sport has become a national pastime in several other countries, including...
CAS Provisional and Conservatory Measures: An Underutilised Resource
After twenty-one years of operations, the work of the Court of Arbitration for Sport (CAS) based in Lausanne, Switzerland, in providing a forum for the effective settlement of sports-related disputes of various kinds, has become well known within and...
Co-Branding in Sport: Conflicts and Some Possible Ways of Resolving Them in Europe *
Introductory Remarks Sport is now a global industry worth more than 3% of world trade and almost 2% of the combined GNP of the enlarged European Union comprising 25 Member Sates with a total population of 450 million (1). It is not surprising, therefore,...
Editorial
On 10 November 2005, in the Olympic Museum in Lausanne (Switzerland), a scientific conference was held by the International Center for Sports Studies (CIES) of the University of Neuchatel on the topical issue of Nationality in Sports: Issues and Problems....
Euro 2000 and Football Hooliganism
1. Introduction In 1994, it was decided that the European football championship (Euro 2000) would be organised by the Netherlands and Belgium. UEFA and the national football leagues of both countries established the Euro 2000 Foundation, which played...
Evaluating Recent Developments in the Governance and Regulation of South African Sport: Some Thoughts and Concerns for the Future
1. Introduction Recent times have seen important and interesting developments in the state regulation of sport in South Africa, which, at least in part, have been a response to the experience of a generally poor standard of sports governance among...
Extra Time: Are the New FIFA Transfer Rules Doomed *?
With the Bosman decision, the European Court of Justice (ECJ) forced the Federation Internationale de Football Association (FIFA) to change its transfer rules. These new rules, adopted in July 2001, were supposed to answer the ECJ concerns about the...
Football Players May Take the Shots but Who Calls Them?
Football remains the super power of European sport. The British public may have been going wild over England's performances in the Ashes Series, but Flintoff's heroics barely caused a ripple in mainland Europe. Football is the biggest sport and it...
Labour Law in South African Sport: A Season of Expectations?
1. Introduction: the constitutional context The dawn of a new Constitutional era (1) in South Africa during the 1990s did not only pave the way for the introduction of an advanced democracy, but also guaranteed the entrenchment of fundamental human...
Labour Law, the Provision of Services, Transfer Rights and Social Dialogue in Professional Football in Europe *
From the study "Promoting the Social Dialogue in European Professional Football (Candidate EU Member States)" which was carried out by the T.M.C. Asser Institute on behalf of the European Commission in 2004 (see ISLJ 2004/3 pp. 31-33) it emerged that...
Lawful and Determined Purposes Required for Legal Personality of Sports Structures in Romania
Context It is well established that not every group of natural persons is (or may become) a legal entity which would give it a distinct legal personality. In order to acquire the status of a legal entity, a group must fulfill three essential conditions,...
Nationality and Sport
On 10 November 2005 an important scientific conference was held at the Olympic Museum at Lausanne concerning the theme of Nationality in Sports: Issues and Problems. The conference was organized by the CIES (Centre International d'Etude du Sport) which...
One Size Fits All? Challenging the Notion of a Uniform EC Sports Law
"Bosman should not be seen as a bible." (1) The name of one journeyman Belgian footballer, Jean-Marc Bosman, has become considered synonymous with the revolution that has taken place in association football. During each summer, between the end of...
Player's Contracts in Bulgarian Football
On 15 November 2005 SENSE, in cooperation with the ASSER International Sports Law Centre and Ernst & Young Bulgaria, organized a seminar on "Player's Contracts in Professional Football--EU Law and the Challenge for Bulgaria" in Sofia. Speakers...
Protecting the Olympic Brand
After a long and gruelling contest, London finally won the race to host the Summer Olympic Games in 2012. Now the real work--and, indeed, expense, estimated at many billion pounds--begins. Apart from putting in place and implementing a whole range...
Public Viewing in Germany: Infront Guidelines and the German Copyright Act
I. Introduction The World Cup 2006 will be, next to the Winter Olympic Games, the world's greatest sporting event in 2006. Nearly 10 million football fans are expected to join the World Cup in Germany, but only 3,2 million of them have tickets to...
Romania's Court of Sports Arbitration: Establishment, Competences, Organization and Functioning *
Introduction Arbitration is not a novelty in Romania. Modern judicial institutions began the process of their establishment and development from the 19th century onwards and this process was eased by the political and social regime as it emerged...
Sailing Away from Judicial Interference: Arbitrating the America's Cup
The America's Cup is one of the most prestigious and oldest sports events in the world. The stakes involved are huge, be it only in financial terms. Moreover, it is organized in an almost entirely autonomous fashion, in the sense that the respective...
Spear-Tackles and Sporting Conspiracies: Recent Developments in Tort Liability for Foul Play
Introduction On 12 May 2000, Jarrod McCracken of the Australian rugby league team, West Tigers, was tackled by two members of the opposing Melbourne Storm team. The strength of the tackle led to McCracken being swivelled off balance and dumped on...
Sport, 'Horseplay' and the Liability of Young Persons
Introduction The basis of this paper is the English Court of Appeal's recent decision in Blake v Galloway, (1) a negligence action that arose after the claimant, aged 15, was struck in the eye by a piece of bark thrown by his friend during play....
Sporting Nationality: Remarks on the Relationship between the General Legal Nationality of a Person and His 'Sporting Nationality' *
1. Function and definition of nationality Nationality is both in international and in national law an important connecting factor for the attribution of rights and duties to individual persons and States. Under international law States have e.g....
Sports Broadcasting: Fair Play from a EU Competition Perspective
1. Introduction Sports have always been in the heart of people. We love to participate in sports and, equally, we love to watch sports. Stadiums and venues have been erected to enable the public to quench this thirst for sportsmanship and entertainment....
Sports, Recreation and the Environment *
A survey of contemporary literature on international sports and law discloses that, in many areas, the more things change the more they remain the same. In ancient Egyptian and Greek times, for example, a central question was how to resolve sporting...
The International Supply of Sports Agent Services
1. Introduction For a long time, the profession of sports agent has not specifically been regulated. Only recently were particular rules concerning the access to the profession and the exercise of this activity enacted, both at the State level and...
U.S. Athletic Associations' Rules Challenges by International Prospective Student-Athletes-NCAA DI Amateurism
This article is part of a broader research stream investigating policy and regulatory frameworks impacting International Prospective Student-Athletes (IPSAs) and their transition to the U.S. combining education and athletics. Elsewhere analyzed are...