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. 3-4, July-October

All Sports for Free! A Difficult Match? Right to Information in the Digital Broadcasting Era
1. Introduction Needless to say that sport fulfils a vital function in our society. As the European Commission argues in its white paper on sport, "sport is a growing social and economic phenomenon which makes an important contribution to the European...
A Plea for Olympic Recognition for Curacao
Introduction One of the deepest sensations of the Olympic Games is seeing your national flag flying among all the other ones while marching into the Stadium on the opening day. Participants and team officials will always have difficulty to explain...
At Last, a Football Law in the Netherlands?
Introduction For a long time there has been a discussion about football specific legislation in the Netherlands. It seems like this legislation will finally enter into force before the end of 2009. The proposed legislation is currently awaiting...
Being Punitive: The Court of Arbitration for Sport Overturns Webster
FIFA, the governing body of world football has developed a set of rules to regulate situations where players or clubs unilaterally terminate contracts. These rules provide a prominent role for the Court of Arbitration for Sport (CAS) in regulating...
Betting in Sports Events: Gambling in Italy
1. Introduction The purpose of this study is to conduct an analysis on the betting games' sector. To begin with, this article shall underline the dominant role of the Italian State in the past years and how the state is slowly losing its grip and...
CAS Publishes the Decisions Rendered at the 2008 Beijing Olympic Games
The Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, has just published (July, 2009) a Digest of the Awards made by its Ad Hoc Division (AHD) - a kind of circuit tribunal of the CAS - during the Beijing Olympic Games held from...
Critiquing Collett: The Assumption of Risk in Football as a Profession
Recently in the matter between Gary Smith & Anr and Ben Collett it was decided that a football player could be compensated for future earnings that were lost as a result of a dangerous play on the football field. Ben Collett, once a promising 18...
Editorial
On 16 September this year, the 9th Asser International Sports Law Lecture took place in The Hague. The theme was "Sports Betting Policy from a European Legal Perspective: Freedom of Services versus General Interest". Presentations were given by...
EL Code of Conduct on Sports Betting
For the purpose of this code of conduct the following words shall have the meaning as defined hereby: "European Lotteries": the "European Lotteries and Toto Association" is an independent European association composed of State Lottery and Toto companies...
English Premier League Clubs Win Important 'Cyber Squatting' Case
Introductory Remarks The Arbitration and Mediation Centre of the World Intellectual Property Organization (WIPO), a specialized agency of the UN based in Geneva, Switzerland, has recently delivered an important ruling in a 'cyber squatting' sports-related...
English Premier League 'Fit and Proper Person' Rules: Are They Tough Enough and Are They Being Strictly Applied and Enforced?
Introductory Remarks Football is not only the world's favourite game, but it is also the world's most lucrative sport. Indeed, according to Sepp Blatter, the President of FIFA, football's world governing body, football is now a product in its own...
Estonia: Regulation of Sports Betting under the New Gambling Act
1. Introduction One has to appreciate the history of Estonia when it comes to the subject of sports betting. Gambling of any kind was prohibited in the Soviet Union, although in all bigger cities the casino businesses were illegally organized even...
Irregularity of Solidarity or Solidarity in the Irregularity: The Case against the Applicability of the FIFA Solidarity Mechanism Only to International Transfers
Introductory Remarks The FIFA Commentary of the FIFA Regulations on the Status and Transfer of Players (the Regulations), which is based on the jurisprudence of the competent decision-making bodies of FIFA and the Court of Arbitration for Sport...
Legal Regulation of Sports Betting in Spain and Its History
I.- Introduction Anyone who knows about the messy and confusing regulation in force in Spain regarding sports betting could think that this is not the best moment for drawing up an introductory article regarding the legal regime for sports betting...
Limits on Foreign Professional Players Competing in the Russian Federation: Problems and Prospects
1. Introduction The topic of limiting the number of foreign players (1) in Russian sport gains ever greater popularity each sporting season. Unfortunately, this is to a large degree in response to scandals. Football lovers still have fresh memories...
Money Laundering and Tax Evasion in Football
Football is not only the world's favourite game, but also the world's most lucrative sport. In fact, according to Sepp Blatter, the President of FIFA, football's world governing body, it is actually a product in its own right. Therein lies its success...
Regulating against Player Movement in Professional Rugby League: A Competition Law Analysis of the RFL's "Club-Trained Rule"
Who do you want to play for Great Britain? The elite or the mediocre? Because at the moment you are forcing clubs to sign mediocre players instead of other players because of this [club trained rule]. ... The problem is we don't have enough top quality...
Regulation in the Market of Sports Agents. or No Regulation at All?
1. Introduction There is an actual debate going on, what to do with the profession of sports agents. Recently, the Voetbal International (1) published an article about the profession of sports agents. (2) The article said that all regulations applicable...
Sports Betting in Latvia: Law and Policy
1. Introduction As in most jurisdictions worldwide, sports' betting in Latvia is regarded as a gambling activity. Under Latvian law betting is defined as depositing a stake on the possibility or impossibility of any event and the amount of the gain...
Sports Betting in Lithuania
Historical perspective In 1990, when the independence of Lithuania was restored, the law legalising gambling games in Lithuania was adopted. However, already in 1994 total ban on all forms of gambling was introduced. It was only in 2001, when the...
Sports Betting in the United States
Introduction In late August 2009, the United State Court of Appeals for the Third Circuit ruled that the State of Delaware's proposal to allow single game sports betting would violate a 1992 federal ban on such wagering. (1) The ruling, which essentially...
Sports Betting: Law and Policy. A UK Perspective
Gambling and Sport Gambling or betting and sport have almost been inseparable and gambling has been subject to considerable regulation by the State. Gambling has close links with the general commercialisation of sport and with corrupt practices...
The Atlantic Raiders Affair
This is the true story of how the political prisoners of South Africa's infamous Robben Island turned football into an active force in their struggle for freedom. Despite torture, regular beatings and backbreaking labour, these extraordinary men defied...
The Future EU Sports Policy: Hollow Words on Hallowed Ground?
The Treaty on the functioning of the European Union stipulates that the Union will "contribute to the promotion of European sporting issues" and that the Union's action "shall be aimed at developing the European dimension in sport" (Article 165 TFEU)....
The Legal Regime for a Permanent Olympic Site
Legal conceptions must be the tools rather than the master of the architects of world institutions capable of responding to the challenge and opportunity of a dynamic age of unprecedented problems and potentialities. C.W. Jenks (1) In the aftermath...
The Slovak Act on the Organization and Support of Sport; a Missed Opportunity?
1. Introduction The changes in the political and economic system in Slovakia that were initiated in 1989 influenced all areas of public life including sports. The transition from a directly controlled economy to an economy based on market mechanisms...
The Sporting Exemption Principle in the European Court of Justice's Case Law
As early as the seventies the sports authorities in Europe started a campaign in order to achieve the recognition of a sporting exemption from the European rules. In their view the whole of the sporting activity containing also sports rules issued...
Two New Sports Added to the Olympics
Introductory At the meeting of the Executive Board of the International Olympic Committee (IOC) in Berlin on 13 August, 2009, two new sports were proposed for inclusion in the Olympic programme with effect from 2016 - the Host City of that year's...
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