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

A Comparison of the European and North American Models of Sports Organisation
I. Introduction Comparative legal commentary on the organisational structure of sports, particularly of professional sports, is substantial and growing. One of the main themes in Europe has been the relationship between a rather pristine European...
Ambush Marketing: Criminal Offence or Free Enterprise?
1. Introduction Sport sponsorship is big business. Major sporting events attract large sponsorship fees and, as a result, a high risk of ambush marketing. The term 'ambush marketing' is an expression invented by its critics, hence the pejorative...
Anti-Doping in and beyond the European Commission's White Paper on Sport
1. Introduction The European Commission's White Paper on Sport (1) is the first strategic document on sport at EU level. It provides orientation in an area which until now was not covered by any article in the EC Treaty. (2) The section on doping...
Comparing Agent Regulation in the United States and Europe: 8th Asser International Sports Law Lecture, the Hague, 4 June 2008
On Thursday, I had the unique opportunity of guest lecturing in The Hague, The Netherlands at a seminar hosted by the Asser International Sports Law Centre of the T.M.C. Asser Institute, which is a center for research and postgraduate education...
Dwain Chambers Loses High Court Challenge to Overturn His Lifetime Olympics Ban
The decision on 18 July, 2008 by the English High Court (Mr Justice Mackay) not to overturn the British Olympic Committee (BOA) lifetime Olympics ban imposed on the British sprinter, Dwain Chambers, for a doping offence and allow him to compete...
Editorial
In this "miscellanea" issue of ISLJ the reader will find several articles on anti-doping and the law. In the leading article, Janwillem Soek, who is the author of "The Strict Liability Principle and the Human Rights of Athletes in Doping Cases"...
European Court vs Sports Organisations-Who Will Win the Antitrust Competition?
1. Antitrust law and sport--the economic scale In 2006/07 Europe's top leagues had a revenue of almost 14 billion [euro] while only the "big five" (England, Spain, Italy, Germany and France) alone generated more than 7 billion [euro] and with...
Fighting Sport Corruption: Polish Experience of a Global Dilemma
The legendary Polish sport commentator and journalist, observer of the greatest sport spectacles of the previous and present century, a huge sport fan and sport expert Bohdan Tomaszewski remarked: "In the past sport was considered as an island of...
Football Supporters' Rights: A Lost Cause?
The introduction of numerous national and EU liberty-restricting counter-terrorism policies in the aftermath of the terrorist attacks of 2001, led to a broad upsurge in defence of human rights across Europe. Far from being surprising, this reaction...
Fundamental Doctrines of International Sport Law
Introduction Sport, at the elite level, is an organized global phenomenon that combines physical competition with professional management, commerce, and investment relations across borders. The activities are systemically regulated by conventions,...
Image Rights in South Africa
1. Introduction The second half of the Twentieth Century was marked by an unprecedented growth in the entertainment industry--not only as far as theatre, film, music and fashion was concerned, but also sport. There was a sudden awareness that...
Lewis Hamilton Loses Formula One Time Penalty Appeal: Was Justice Done?
British Formula One racing driver, Lewis Hamilton, received a 25-second time penalty for cutting a chicane during this year's Belgian Grand Prix at Spa. As a result Hamilton, who drives for McLaren and was winning--and would have won--was demoted...
Models for the Promotion of Home Grown Players for the Protection of National Representative Teams
1. Introduction Even many years after the Bosman ruling in 1995, the discussion about nationality clauses and minimum quotas in professional sports is still of great relevance. FIFA intends to establish a '6+5' rule that requires clubs to field...
One World One Dream? Sports Blogging at the Beijing Olympic Games
The 2008 Olympics are finished, world records have been broken, medals have been distributed and athletes have returned home. The Beijing Games were a much discussed event even before they took place. Not only was press freedom severely restricted...
Policing the Boundaries between Regulation and Commercial Exploitation: Lessons from the MOTOE Case
1. Introduction The regulation of sport has never been an explicit competence in the EC Treaty. (1) Sports governance has nevertheless found its way into the domain of Community law through the application of the Treaty provisions on free movement...
Price-Fixing between Horizontal Competitors in the English Super League
Introduction The English Super League rugby league competition is one of few professional team sports in Europe that operates under a salary cap. The Super League salary cap limits the total amount that a club is permitted to spend on player...
Protecting IP Rights under English Common Law and European Continental Law: 'Passing Off' and 'Unfair Competition' Compared: London Legal Training 2008/annual IP Conference, London 30 October 2008
Introductory Remarks Unfair competition--in a business and an economic sense--takes many forms. Perhaps one of its more common and traditional forms is so-called 'Passing Off ' where one trader or business organisation 'passes off' its goods...
Safeguarding Confidentiality in Mediation
Introductory: Sport and Mediation More and more sports disputes are being settled extra-judicially by mediation: an increasingly popular form of alternative dispute resolution (ADR), which has been defined by the Centre for Effective Dispute...
Sanctions for Anti-Doping Rule Violations in the Revised Version of the World Anti-Doping Code
I. Introduction The fight against the use of doping in sport which was started by international sport federations in the late 20-s of the last century sometimes resembles a boxing match where its participants are constantly exchanging powerful...
Some Day the Mountains Might Get 'Em but the Law Never Will
The Mountain Cafe, Aviemore, April 28 This is just an initial reflection on a series of interviews carried out the past couple of months. It's too early in the piece for it to amount to more than a collection of first impressions, ideas for future...
The Athlete's Right to Respect for His Private Life and His Home
Introduction Competition cyclist Andrej Kashechkin was caught on a charge of blood doping during an unannounced check on 1 August 2007 while holidaying in Turkey. On 31 August he was fired by his team Astana, after a countercheck also proved...
The Importance of IP Rights in Sport: Global IP & Patents Meeting London 2008
Introductory: The Commercialisation of Sport Sport is now big business accounting for more than 3% of world trade. In the European Union, sport has developed into a discrete business worth more than 2% of the combined GNP of the twenty-seven ...
The International Olympic Committee and the Olympic System
The International Olympic Committee and the Olympic System By Jean-Loup Chappelet and Brenda Kubler-Mabbott, Routledge, London and New York, 2008, pp. 208 + XVI, ISBN 978-0-415-43168-2, Price: GBP 14.99 (softback) What is the International Olympic...
The Legal Nature of Premium Sports Events: 'IP or Not IP-That Is the Question'
1. Introduction Revenue from distribution of the media rights to premium sports events is the largest source (1) of funding for professional sports clubs and leagues. (2) Traditionally there were five major forms of broadcasting (3) of these...
The Olympics Should Be Scaled Down
The Olympics have often been billed as 'the greatest sporting show on earth'. The origins of the Games go back to Ancient Greece. In the meantime, over the centuries having fallen into desuetude, in 1894, a French aristocrat, Baron Pierre de Coubertin,...
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, ISBN 978-90-6704-262-8, Price: GBP 45,00 When, in the course of their activities, sports associations come...
The US and EU Systems of Sport Governance: Commercialized V. Socio-Cultural Model-Competition and Labor Law
The contributions of Foster (1) and Halgreen (2) are the latest in a series of debates, discussions, conferences, and academic scholarship on the subject of United States (US) and (or versus) European Union (EU) sport policy. In the context of international...
University of Bayreuth (Germany): Sports Law
What exactly is sports law? Many have asked the author this question before in his capacity as a "sports lawyer" researching and lecturing at the university. The answer varies depending on the context in which sports law is being considered....
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