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

3rd Annual Sport&EU Workshop
Organisers: Sport&EU and the Centre for Sports Law Research, Edge Hill University Implementing the European Commission White Paper on Sport 4-5 July 2008 Scarisbrick Hotel, Southport, United Kingdom Keynote Speaker: Pedro Velazquez,...
Analyzing the New World Anti-Doping Code: A Different Perspective
I--Introduction Observations regarding the World Anti-Doping Code can often be divided in two distinct categories. One the one hand, there are those that defend the doping regulations, stressing the necessity of the described elements of the...
A Social Dialogue in European Professional Football: Who Will Participate and What Will Be on the Agenda?
The ASSER International Sports Law Centre in The Hague, The Netherlands, The Centre for Sports Law Research of Edge Hill University near Liverpool, United Kingdom, and the Institute for Labour Relations of the University of Leuven, Belgium, have...
Can Dwain Chambers Successfully Challenge the Life Time Ban on Competing in the Olympics Imposed on Him for a Doping Offence?
Introductory British Sprinter Dwain Chambers was suspended in 2003 from competition for two years by the International Association of Athletics Federations (IAAF) after testing positive for the banned steroid THB. Having served his ban, this...
Editorial
In this ISLJ issue's lead article Weatherill examines the European Commission's White Paper on Sport in the perspective of the "Better Regulation" debate that is currently underway throughout Europe. The next three articles by Blackshaw, De Weger...
English Premier League Record Transfer Fees: For the Good of the Game?
Football is not only the world's favourite sport, it is also the most lucrative one. Globally, worth billions of dollars! And of all the Leagues around the world, the English Premier League (EPL) is by far the most popular and also the most financially...
European Football Agents Association Wants to End Malpractice in the (International) Transfer of Players
The number of players' agents has grown explosively since the Bosman case. The huge circulation of money and players' ever-increasing wages can mean it is a simple step to accuse agents of being involved in malpractice and criminal activities. The...
FIFA Players' Agents Regulations Amended
The new FIFA Players' Agents Regulations came into effect on January 1 of this year. FIFA intends these amended regulations to provide more control over the activities of players' agents, including provisions which are also binding at the national...
Foreign Player Quotas in Football Teams: Sporting and Legal Pros and Cons
Sepp Blatter, the President of FIFA, the world governing body of football, has been concerned for some time with the preponderance of foreign players, not least in the English FA Premier League, the most successful and popular of the Football Leagues,...
From Case-by-Case to a General Playbook!
1. According to the European Court of Justice's ruling in the Meca Medina case, the regulatory aspects of sports subject to review against competition law can only be evaluated on a case-by-case basis. In that decision, the European Court of Justice...
Introduction
On 30 January 2008, the Court of Arbitration for Sport (CAS) rendered its judgment in what is commonly referred to as the "Webster case." This case revolves around the question of the amount of the compensation that the player Webster must pay to...
Is the Professional Athlete's Right to Privacy Being Tacitly Ignored?
Should a professional athlete put up with out-of-competition doping controls? One may question whether exceptions are permissible for professional athletes with regard to the right to privacy that is guaranteed in human rights treaties. What...
Jail Players Who Commit Dangerous Tackles
In a wide-ranging interview published in The Times on 7 March, 2007, Sepp Blatter, the President of FIFA, the world governing body of football, called for life bans and criminal sanctions to be imposed on players guilty of dangerous tackles. In...
Joint Declaration on the Mutual Recognition of EASE and EURO-MEI and the Social Dialogue
After several years of hard work--started in 2003 with the BSDSS project ("Building the Social Dialogue in the Sport Sector")--the employers of the sport sector have organised themselves at European level in EASE, the European Association of Sport...
Lex Sportiva and Lex Mercatoria
The idea about the emergence of "world law" is recently gaining popularity within the legal science. A definition of the term "world law" is given by Harold Berman--a prominent professor from Harward University and currently a chairman of the World...
Players' Agents Worldwide: Legal Aspects
Players' Agents Worldwide: Legal Aspects Edited by R.C.R. Siekmann, R. Parrish, R. Branco Martins and J.W. Soek, TMC Asser Press, The Hague, The Netherlands 2007, Pages 872 + XXIX, ISBN 978-90-6704-245-1 , Price GBP 95.00 Football is not only...
Publication of CAS Awards
(per March 2007) The International Council of Arbitration (ICAS) has given its consent to the publication of summaries of major and non-confidential Court of Arbitration for Sport (CAS) awards in specialised journals like The International Sports...
Report on the Conference "Sport and Work", Lille, 10-13 December 2007
A conference under the title "Sport and Work" was held in Lille on 10--13 December 2007. It was organized by the laboratory "ER3S" (Sport Social Sciences Research Laboratory) established with the Faculty of Sports Sciences and Physical Education...
Resolutions on the Olympic Truce: United Nations General Assembly
A/RES/48/11 2 November 1993 Forty-eighth session Agenda item 167 Resolution adopted by the General Assembly [without reference to a Main Committee (A/48/L.9/Rev.1 and Add.1)] 48/11. Observance of the Olympic Truce The General Assembly,...
Restrictions on Foreign Ownership of Football Clubs: For the Good of the Game?
Football is not only the 'world's favourite game' but the world's most lucrative sport. The sale of broadcasting rights and corporate sponsorships of major events, such as the FIFA World Cup, bring mega sums into its coffers. But is such wealth...
Some Thoughts about the European Club Association's Possible Participation in a Social Dialogue in the European Professional Football Sector
In his article Is the Pyramid Compatible with EC Law? on the then pending Charleroi/Oulmers case regarding player release for international representative competition in football Professor Weatherill (University of Oxford)--in the context of stakeholder...
Sport Governance Focuses Discussions at Chester: Sport&EU Workshop: The EU and the Governance of Sport-Policy and Perspectives, University of Chester, 6-7 July 2007
The Department of Sport and Exercise Sciences and the Chester Centre for Research into Sport and Society at the University of Chester hosted the second annual workshop of the Association for the Study of Sport and the European Union (Sport&EU)...
Sports Law Conference in South Africa: Intellectual Property Rights and the FIFA World Cup 2010, Durban, 20-22 November 2007
A Regional Conference, hosted by the Department of Trade & Industry (DTI) of the Republic of South Africa in collaboration with the Faculty of Law of the University of KwaZulu-Natal, was held in Durban, South Africa, on 20--22 November, 2007....
The CAS Appeal Decision in the Andrew Webster Case
Introductory Since FIFA, the world governing body of football, joined the Court of Arbitration for Sport (CAS) in 2002, the word bad of CAS has increased exponentially with football-related disputes of various kinds being referred to it--not...
The Court of Arbitration for Sport: Provisional and Conservatory Measures
Introductory Remarks Sport is now a global business worth more than 3% of world trade. In the enlarged European Union, now comprising 27 Member States, it accounts for more than 2% of their combined Gross National Product. It is hardly surprising,...
The Employment Bond in the Area of Sports
1-Introduction This paper seeks to highlight the solutions offered by Argentine courts in cases of disputes on whether athletes, referees or coaches are subject to the rules governing the employment contract. It is clear that both amateurs...
The EU Commission's White Paper on Sport: An Official Coherent, Yet Debated Entrance of the Commission in the Sports Arena
I. A global approach: an ambitious challenge With the White Paper, the Commission has taken the option of a comprehensive approach, considering sport in its different dimensions and focussing on non-regulatory topics. The Commission chose this...
The Evolution and Effectiveness of Football Banning Orders
Framing the banning order debate As we have seen, the disorder in Marseille and Charleroi brought the debate about hooliganism by English fans abroad back to the front pages of the newspapers--and to the front benches of the House of Commons....
The Jurisprudence of the FIFA Dispute Resolution Chamber
The Jurisprudence of the FIFA Dispute Resolution Chamber By Frans de Weger, TMC Asser Press, The Hague, The Netherlands, 2008, pp. 728 + XIII, ISBN 978-90-6704-271-0, Price: GBP 110.00 This is the latest Book published in the Asser International...
The Legal Basis of the Olympic Charter
If it is true that, in Sport, there is no event more universal than the Olympic Games, it is no less true that, in Sports Law, there is no text more universal than the Olympic Charter. The existence of rules was already fundamental to the Olympic...
The Legality of Boxing: A Punch Drunk Love?
The Legality of Boxing: A Punch Drunk Love? By Jack Anderson, Birkbeck Law Press, Oxford, 2007, pp. 216 + XIX, ISBN 978-0-415-42932-0, Price GBP 70.00 Boxing has had a rather chequered history since its origins in prize fighting, evolving into...
The Olympics, China and Human Rights
Introduction Just as in 1978, when two well-known Dutch cabaret performers were the first to call for a boycott by the Dutch national football team of the FIFA World Cup held in Argentina, the present discussion about a possible boycott of the...
The Policy Issue concerning the Choice of Method to Deal with Doping
I. Introduction Doping in sports has become popular within the past few years. The Tour de France scandals in 1998 and recently in 2007 or the BALCO affair in 2003 (1) are only a handful of examples of how doping infractions seriously hit the...
The Position of the Players' Agent in European Law after the White Paper on Sport
Introduction This article discusses the position of the players' agent in European law. The reason to do so is the White Paper on Sports that has been drawn up by the European Commission. (1) In section 4.4. of this White Paper specific attention...
The Prize for Freedom of Movement: The Webster Case
Introduction Eighteen-year-old Andy Webster moved from Arbroath club to Heart of Midlothian PLC (Hearts), both Scottish clubs, for a transfer compensation of 75,000 [euro]. Webster's employment contract was due to run from 31 March 2001 to 30...
The Regulatory Impact of Community Legislation on Sport: INT MARKT 26366
Venue: TIRANA INTERNATIONAL HOTEL Scanderbeg Square Tirana, 28 April 2008 Chair : Mr. Trinker 08:45 Registration 09:00 Welcome and introduction Welcoming speech by: Mr. Ekrem Spahia, Deputy Minister of Tourism, Culture, Youth and Sports...
The Row Must Go On: Report on the Final Conference of the Row the Boat Project, Arnhem, 7-8 February 2008
Row, row, row your boat Gently down the stream Merrily, merrily, merrily, merrily Life is but a dream. * The final conference, which ended the project "Reinforce the Representativeness of the Social Partners in the Sport Sector: Row the Boat...
The Societal Role of Sport
Introduction I would like to thank the organisers, and in particular Dr Richard Parrish of Edge Hill University, for this opportunity. My remarks follow the established pattern of this workshop by opening with some general observations on the...
The Sporting Exception in European Union Law
The Sporting Exception in European Union Law By Richard Parrish and Samuli Miettinen, T.M.C. Asser Press, The Hague, The Netherlands, 2008, pp. 295 + XIX, ISBN 978-90-6704-2628, Price GBP 45.00 The issue addressed in this new Book is whether...
The Sports Boycott of Nigeria: Sports, Politics and Human Rights
On the subject of international sports boycotts many discussions have taken place in this country, especially in the 1970's and 1980's. Sports contacts with South Africa were permanently on the agenda. In 1978, the participation of the Dutch national...
The Training Compensation System
1. Introduction Football clubs became obliged to pay training compensation with the introduction of the FIFA Regulations for the Status and Transfer of Players in 2001. The basic rule is that a club owes compensation to all clubs which contributed...
The Webster Case: Justified Panic as There Was after Bosman?
As we know, the notorious Bosman case had a major impact on the international football world and can be regarded as one of the most important sports cases in history. (1) In it the European Court of Justice stressed in 1995 that transfer compensation...
The White Paper on Sport as an Exercise in 'Better Regulation'
I Better Regulation The quest for 'Better Regulation' has been a major preoccupation of the European Commission in recent years. The campaign possesses its own web site, which helpfully collects relevant documentation and reveals three priorities...
True Supporters, Strict Liability, and Feyenoord: The Problem of Fan-Related Violence in Soccer
Introduction This year being a Feyenoord supporter is fun again. With the addition of some key players and the contracting of a new coach, Feyenoord is slowly trying to forget about a dramatic 2006/2007 season. Struggles in the front office,...
Two Stripes and You Are Out?
The long-awaited Preliminary Ruling by the Court of First Instance of the European Court of Justice (ECJ) (C-102/07) in the Adidas 'three stripes' trademark case was rendered on 10 April, 2008. The case concerned the extent of the legal protection...
Will the New WADA Code Plug All the Gaps? Will There Be By-Catch?
A. Introduction 1. The World Anti-Doping Agency, WADA adopted substantial amendments to the WADA Code ("the Code") at its conference in Spain in mid November 2007. This paper looks at the new amendments which will be operational by 1 January...
Workshop on Impact of EU Acquis on Sport-Perspective of Ukraine in the Context of the Forthcoming European Football Championship EURO-2012: Int Markt 25416
Venue: Conference Hall (5th floor) Ukrainian Football Federation 7A Laboratorny Lane 4 Kiev, 27 November 2007 Session I Conference Hall (the 5th floor) Chair: Mr.Oleksandr KOPYLENKO 09:00 Registration 09:30 Welcome and introduction...