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

Conceptual Approaches to Protecting the Publicity Value of Athletes in Germany and the United States
I. Introduction In a media-driven economy, nothing, to paraphrase an old saying, sells like success -success in sports in particular. Performance on the pitch frequently spells prominence off it, and prominence, in its turn, opens up a host of marketing...
Corruption in Sport: Time for an EU Statement of Integrity and Good Conduct in Sport?
Introduction In a recent editorial in the International Sports Law Review, Michael J. Beloff, President of Trinity College Oxford and the leading sports law jurist in the United Kingdom, remarked: "Like the four horsemen of the Apocalypse, violence,...
Depaul Journal of Sports Law & Contemporary Issues (Depaul University College of Law)
The Journal of Sports Law & Contemporary Problems seeks to investigate the intersection between law and sports with a focus on today's most important sports law issues. Our mission is to educate our readers about the various legal issues surrounding...
Editorial
This issue of ISLJ opens with Emile Vrijman's comment regarding the official statement of the World Anti-Doping Agency (WADA) on the Report "Analysis Samples from the 1999 Tour de France" which was drafted by Emile Vrijman and others at the request...
Effects of the EU Anti-Doping Laws and Politics for the International and Domestic Sports Law in Member States
Introduction It is generally believed that the greater the role of economic factors in sport, the greater the impact of law in sport. (1) This is also true of Community law. (2) In her speech delivered on 28 November 2003, Viviane Reding, then the...
European Sports Law: Collected Papers
I am immensely flattered and honoured that the Asser Instituut has undertaken to publish a collection of my writing in the area of EC law and sport, and I thank them most warmly for this generous mark of approval. I am delighted too to be given this...
FIFA's Powers to Sanction Clubs Upheld
On 5 January 2007, the Swiss Federal Court handed down a landmark decision upholding the right of FIFA, the world governing body of football, to impose sanctions for breaches of its disciplinary rules. The case arose in the following circumstances....
France
1 Introduction Sports agents continue to hit the headlines. Whether in the role of agent, manager, intermediary or negotiator, they appear to be an increasingly indispensable accompaniment to the negotiation of sports contracts. Intervening with...
Freedom of Movement in Relation to Sport
Since the mid-seventies it has become clear that sport falls under European Union Law whenever it becomes an economic activity. (1) One major area of EU law that has proved to have sports implications is the free movement of workers. The purpose of...
French Football Clubs 'To Float' in 2007-A Topical Note
Manchester United Football Club was one of the first football clubs to 'float'--that is, to have its shares quoted on the Stock Exchange. And at one time, its capitalisation was worth 1 billion [pounds sterling], making it the richest football club...
Germany
1 Introduction Hardly a transfer deal in professional football is concluded without the involvement of players' personal agents. Professionals in other areas of sport, and even lower-ranking athletes, are using the services of a "personal manager"...
Hackney Spikes Nike Guns
The Council of the London Borough of Hackney has recently scored a major legal victory over sportswear giant NIKE in a landmark copyright infringement case. The case arose in the following circumstances. NIKE used Hackney's logo on a range of sportswear...
Italy
1. Introduction. On to December 2000 FIFA issued new regulations for players' agents, effective the 1 March 2001, which were subsequently amended in 2002. The changes were stimulated by the E.U. Commission's investigation on the compliance of the...
'Just Sports Ireland'
Introductory Arbitration has become the preferred method of dispute resolution across many strata of society and diverse areas of legal practice, in particular, commercial contract disputes, but not, of course, limited to them. Arbitration is also...
Legal Comparison and the Harmonisation of Doping Rules: Pilot Study for the European Commission
Legal comparison and the Harmonisation of Doping Rules: Pilot Study for the European Commission By Klaus Vieweg and Robert Siekmann (Editors) Duncker & Humblot, Berlin 2007, pp. 703 ISBN 978-3-428-12413-8 Price: 96,00 [euro] In 2000,...
On the Front Foot against Corruption
Introduction In 2001 cricket was in crisis with corruption threatening to tear the fabric of the game apart. Research into the problem revealed that corruption involving match fixing linked to betting on international matches had been in existence...
Proportionality in the World Anti-Doping Code: Is There Enough Room for Flexibility?
The biggest advantage of the introduction of the World Anti-Doping Code in 2004 is the harmonization, but a disadvantage is that there are still some unclear matters left. The drafters of the WADC opted for a system of strict liability with mandatory...
Regulating Players' Agents: A Global Perspective
Three recurring themes have emerged in the contributions to this book: what are players' agents, why should they be regulated and how should they be regulated? The first question appears straightforward as agents perform similar functions throughout...
Seton Hall Journal of Sport Law (Seton Hall University School of Law)
History of the journal: The journal began publication of Volume 1 in 1991 as the Seton Hall Journal of Sport Law. Beginning with Volume 14, the journal became the Seton Hall Journal of Sports and Entertainment Law. Subscriptions: The Seton...
Spain
1. Introduction 1.1. Sport in Spanish law Sport is a physical activity engaged in as a game or as a competition which is governed by rules established by various legislative bodies, which rules aim to protect the sphere of sports and its future...
Sports People's Right to Defence under the New Spanish Anti-Doping Law. A Perspective
1. Introduction "Doping" cannot be considered as a typical sports phenomenon but as one that is found throughout our entire society. In our society, sport is only one of the mirrors in which doping is reflected. These circumstances have given rise...
Texas Entertainment and Sports Law Journal
The Entertainment and Sports Law Section is a voluntary organization within the State Bar of Texas and consists of more than 500 licensed attorneys throughout the state who practice entertainment and sports law. Section members represent a wide variety...
Texas Review of Entertainment and Sports Law
ISSN: 1533-1903 www. utexas.edu/law/journals/tresl/ New rates and increased frequency beginning with V.5:1-2 (2003-2004) It is with great pride and excitement that we announce the availability our Texas Review of Entertainment & Sports...
The Australian and New Zealand Sports Law Journal
ANZSLA -- The Australian and New Zealand Sports Law Association--has since its birth in 1990 continued to provide its membership with regular publications and conferences. Within a month of then Vice President, and now Chief Executive of the International...
The Council of Europe and Sport
1. Introduction If a European Sports model exists, the Council of Europe is unquestionably the body that has made the most substantial contribution to pave its way. The Council of Europe was the first international intergovernmental organisation...
The Council of Europe and Sport: Basic Documents
The Council of Europe and Sport: Basic Documents By Robert C.R.Siekmann & Janwillem Soek (Editors) TMC Asser Press, The Hague 2007, pp. 414+XXVI, Hardback, ISBN 90-6704-239-0, Price GBP 65.00/USD 120.00 The Council of Europe has often...
The European Union and Sport: Law and Policy
Ladies and gentlemen, Dear audience! First of all, I would like to thank the Polish Institute of International Affairs and the Ministry of Sports for inviting me and my colleague from the ASSER International Sports Law Centre, M Roberto Branco Martins,...
The German and International Sports Law Research Unit
On 24 April 2002, the law department of the University of Erlangen-Nuremberg passed a resolution setting up a research unit on German and international sports law. The research unit functions as an adjunct of the Institute for Law and Technology (www.irut.de)...
The Independent European Sport Review-An Update
The Independent European Sport Review ('IESR'), published during the Summer of 2006 (referred to as 'the Arnault Report' after its Portuguese author), started life as 'The Independent European Football Report' following an initiative in 2005 of the...
The Laurent Piau Case of the ECJ on the Status of Players' Agents
1. Introduction On 23 February 2006, the European Court of Justice (ECJ) decided on appeal against a decision of the Court of First Instance in the so-called Laurent Piau case. Laurent Piau is a French players' agent who lodged a complaint related...
The "Official Statement from WADA on the Vrijman Report": Unintentional Proof to the Contrary?
I. Introduction 1.1 It is surely nothing less than remarkable that there has, to date particularly in view of the media attention which the matter of the alleged use by American cyclist Lance Armstrong of prohibited substances itself received at...
The Sports Lawyers Journal (Tulane University School of Law)
Introduction Tulane University School of Law offers students the unique opportunity to specialize in Sports Law during their legal education. Perhaps this devotion to the industry is why, when the Sports Lawyers Association decided to publish an...
United Kingdom
1. Introduction 1.1. Agency in sport While the term "agency" in the sporting context can encompass a range of different activities, it is the role of agents in player transfers that chiefly concerns the sports regulators. Agents in football in...
University of Johannesburg Centre for Sport Law
I. Introduction In 2000, the Faculty of Law at the Rand Afrikaans University in Johannesburg began to consider the establishment of a centre that could conduct research into the relatively new terrain of sports law. The timing was perfect, as the...
University of Pretoria
Centre The mission of the Sports Law Centre, University of Pretoria is to provide a centre of excellence by providing high quality services, research and products to the sporting world (sport federations and associations, the professional sports...
Villanova Sports & Entertainment Law Journal (Villanova University School of Law)
Overview The Villanova Sports and Entertainment Law journal is a national legal periodical published and edited twice per year by a staff of students chosen for membership based on their performance in an Open-Writing Competition. The Journal...
WADA Should Ban Athletes Who Take Recreational Drugs
Ian Smith of the Professional Cricketers' Association has argued that recreational drugs, such as cannabis, cocaine and ecstasy, should not be on the World Anti Doping Authority (WADA) list of prohibited substances in sport. In this article, I take...
Wayne Rooney Wins Domain Name Dispute
The latest domain name dispute in the sporting arena to come before the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center (the Center), a UN specialized agency based in Geneva, Switzerland, involved the Manchester United...
Why WADA Should Not Ban Athletes for Recreational Drug Use
First class cricket in England and Wales has had four positive anti-doping tests in the last decade. All four were for "recreational" drugs--cannabis, cocaine and ecstasy. Not one of the players involved was trying to gain a competitive advantage in...

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