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

"Accelerated" Naturalisation for National Representative Purposes and Discrimination Issues in Individual and Team Competitions under EU Law
Sport and nationality is a complex issue with diverse manifestations. The first main question which will be dealt in this paper is how so-called national teams that represent a country in international ("inter-state") competition (Olympic Games, world...
An Analysis of Its Threat to Sports Rights Holders and the Efficacy of Past, Present and Proposed Anti-Infringement Programmes
Summary 1. The first chapter of the presentation will outline the scope of the project and lay the foundation of the global sports business industry. Chapter 2 introduces the concept of sports sponsorship as a central feature of the commerce of...
Arbitration Tribunal for Sport Affairs at the Polish Olympic Committee
Introduction The aim of this article is to show the recent changes in Polish regulations regarding the sports judicial bodies, concentrating mainly on the Arbitration Tribunal for Sport Affairs of the Polish Olympic Committee (Trybunal Arbitrazowy...
Champion Jockey Kieren Fallon Is Banned by Court Injunction from Competing in the 2011 Derby Horse Race
Champion jockey, Kieren Fallon, has been banned by an English Court of Appeal injunction from riding in the 2011 Derby granted on the day of the race (4 June, 2011), just hours before it was due to be run. The Appeal Court overturned a ruling by the...
Commercial Appropriation of Identity: How Could Two Courts Get It So Wrong?
1. Introduction In our modern society the images famous people have become important commodities in a megabillion dollar global entertainment industry. Legal systems across the globe have recognized this commoditization of the individual and have...
Defining the Scope and Structure of International Sports Law: Four Conceptual Issues
I. The Problem There is general agreement that the term "international sports law" refers to a process involving a distinctive body of rules, principles, procedures, and practice to govern important consequences of sports activity that transcends...
De Sanctis and the Article 17: The Last of the Saga?
Introduction On 28 February 2011, the Court of Arbitration for Sport (CAS) issued a leading decision regarding Article 17 of the RSTP on the Status and Transfer of Players, hereinafter "RSTP (1)" in the three joint cases between Udinese and Sevilla...
DHL in New Major Sponsorship Deal with Manchester United
Manchester United (Man U) are never far from the sporting headlines; and this time it is a new sponsorship deal, described by David Gill, the CEO of Man U, as "ground breaking in the English game", is making the news. DHL, the well-known logistics...
Discussion on the Application of European Union Competition Law to the Procedures for the Assignment of Category I, Category II and International Competitions in the Netherlands - KNHS
1. The Contested Procedure 1.1. For the purpose of determining the calendar for category I competitions and international competitions, the rules of the Dutch National Federation of Equestrian Sports (KNHS) state that 'both for competition participants...
Does the Outsourcing of a Sports League Affect Its Evaluation under EU Competition Law?
In Europe national sports leagues are usually organized to be overseen by a national federation of each sport. However, it is quite common that a national federation does not itself organize the league but assigns the organizing task to a separate...
Drafting Sports Mediation and Arbitration Clauses for Settling Disputes through the Court of Arbitration for Sport
Sport is now a global business worth more than 3% of world trade and 3.7% of the combined GNP of the twenty-seven Member States of the European Union. So, there is much at stake, both on and off the field of play! It is not surprising, therefore,...
Editorial
This is the decennial jubilee issue of ISLJ over the period 2002-2011. That means 258 articles, 55 conference papers, 148 opinions, 42 book reviews et alia (please, see also the Indexes (contents, authors, subjects) which are reproduced at the end...
Foundations of the United States Sports Law Model: Structure and Key Issues
This article provides an overview of the United States sports law model and reviews some of the important cases that helped develop the foundations of the United States sports law model. Key issues, cases and legislation that impact sports law in the...
International and European Sports Law Course: School of Law, Erasmus University Rotterdam, the Netherlands
Lecturer: Prof. Dr R.C.R. Siekmann Structure: ten 2-hour interactive lectures Assessment: paper (10 pages) and oral exam Preknowledge: basic knowledge of public international and EU law Period: 2011/2012 Content The world of sport...
Law & Sports in India by Mukul Mudgal 2011 Lexisnexis Butterworths Wadhwa Nagpur India Hardback
Law & Sports in India by Mukul Mudgal 2011 Lexisnexis Butterworths Wadhwa Nagpur India Hardback Pages 683 + XV ISBN: 978-81-8088-609-1 Price 995 Rupees In the last decade or so, India has burst onto the world stage, not only as the world's largest...
Manchester United Post Record Financial Results
Once again, Manchester United (ManU) are in the news, not because of their 8-2 thrashing of Arsenal in their latest encounter, but because of their record financial results for the year ended 30 June 2011, which they announced on 1 September, 2011....
Manchester United to List on Singapore Stock Exchange
It has been announced, on 16 August, 2011, that the leading English FA Premier League Football Club, Manchester United, is to raise US$1 billion in an IPO (Initial Public Offering) on the Singapore Stock Exchange in the fourth quarter of this year....
Max Moseley Loses European Court of Human Rights Privacy Appeal
Max Moseley, the former President of the World Motor Sports Governing Body, the FIA (International Automobile Federation), has lost his privacy appeal to the European Court of Human Rights in Strasbourg. He wanted the Court to require newspapers to...
Mohamed Bin Hammam Loses His FIFA Bribery Appeal
The sad saga of the FIFA corruption scandals continues. On 15 September, 2011, after seven hours of deliberations, the FIFA Appeals Committee upheld the life-time ban imposed in July by the FIFA Ethics Committee on the former FIFA Executive Committee...
Negotiating, Drafting and Interpreting Sports Marketing Agreements: Some General Legal and Practical Points and Considerations
1. Introductory Remarks It has been generally well said, that if a commercial deal makes business sense, it also makes legal sense and it is relatively easy, therefore, to draw up the corresponding legal agreement - and, where necessary, enforce...
Practicing Sports - a Fundamental Human Right
The theme of this article covers the benefits of sport for society in general, but also the provisions of Romanian Law no. 69/2000 on Physical Education and Sport, as subsequently amended, as well as all the relevant Romanian legislation arising from...
Protecting Sports Images Rights: The Rise and Fall of Super-Injunctions?
Sports celebrities, like David Beckham, often earn more money off the field of play than on it, through the commercialisation of their image rights by multi-national companies, who are prepared to pay mega sums for their products and services, which...
Social Dialogue in European Professional Football
Introduction 'Autonomy' and 'specificity' are the two key words in the regulation of sport. (1) Sports organisations adopt their own rules and regulations which take into account the peculiarities of the games, the nature and structure of the associations...
Sports Image Rights in the Netherlands
1. Introduction As the legendary Nike slogan said: "Image Is Everything". Successful sportspersons are right up there with the famous actors, pop stars and other showbiz celebrities, as the commercial icons of our time. Even more so in this day...
Sports Law in South Africa by Andre M. Louw 2010 Wolters Kluwer Law & Business the Netherlands Paperback
Sports Law in South Africa by Andre M. Louw 2010 Wolters Kluwer Law & Business The Netherlands Paperback Pages 512 ISBN 978-90-411-3314-4 Price $162 South Africa is a sporting nation - in fact, the country has often been called a 'sports mad...
Strict Liability and Sports Doping - What Constitutes a Doping Violations and What Is the Effect Thereof on the Team?
Introduction The doping violations by two Springbok rugby players at the 2010 tour to the UK and Ireland made me realise that there is a major lack of knowledge regarding Sports Law and specifically the rules regulating sports doping in South Africa....
The Boycott of the 1980 Moscow Olympic Games and Detente
1. Introduction On 20 January, 1980, President Carter of the United States, in an address to the chairman of the American Olympic Committee (USOC), insisted that the Committee suggest to the International Olympic Committee (IOC) that the 1980 Summer...
The Civil Liability of Teachers and Trainers for the Acts of the Under-Age Sportsmen, from the Perspective of the New Civil Code of Romania
Defining the Concept of the Civil Liability of the Teachers and Trainers for the Acts of the Under-age Sportsmen The liability of the teachers and trainers is a form of the civil liability for the acts of other persons. This latter one is regulated...
The Etymology of the Termini Technici Lex Sportiva and Lex Ludica: Where Do They Come From?
In 2001, MacLaren wrote that the term 'lex sportiva' was coined by the acting Secretary General of the Court of Arbitration for Sport, Matthieu Reeb, at the time of the publication of the first Digest of CAS decisions stretching over the period from...
The FEI and the Continuing Fight against Doping in Equestrian Sport
Introduction - The New Rules Over the last decade there has been a continual fight against doping in sport. Jacques Rogge, President of the International Olympic Committee (IOC) has made the fight against doping his number one priority. (1) It is...
The Governance Network of European Football: Introducing New Governance Approaches to Regulate Football at the EU Level
Introduction Sport originally was a self-regulating activity. The highest governing bodies of sport, global sport organisations (GSOs) like FIFA and the IOC, regulated their sports or events autonomously through self-governing networks with their...
The Making of a Lex Sportiva by the Court of Arbitration for Sport
Introduction "Sports law is not just international; it is non-governmental as well, and this differentiates it from all other forms of law" (1). Sports rules are genuine "global law", because they are spread across the entire world, they involve...
The Severance of International Sports Law into a Separate Branch
Increased interest in the sphere of legal regulation of sport in our country over the past two years has caused a surge of scientific and academic activity in the publication of new articles and developing new programs in sports law for students of...
The Specificity of Sport: Sporting Exceptions in EU Law
The classical and still and ever current central (legal) question in the debate on the position of sport in the European Union is whether sport is "special", whether it deserves specific treatment under European Law and to what extent and why. In other...
The UK Bribery Act 2010 Finally Comes into Force
We have been hearing and reading a lot recently about bribery and corruption in sport - not least regarding the 'beautiful game' and the corruption allegations in FIFA - and, unfortunately, this is a subject which will continue to dominate the news...
Towards a 'Lex Sportiva'
Introductory Is there such a thing as 'Sports Law'? Opinion on this subject is divided amongst academics and practitioners alike. (1) According to the late Edward Grayson, the doyen of authors on sport and the law, jurisprudentially speaking,...
UK Bid to Host 2018 FIFA World Cup: Lord Triesman Spills the Beans!
Coming hard on the heels of the announcement on 9 May, 2011 by FIFA President, Sepp Blatter, with no doubt an eye on his re-election at the beginning of June 2011, which is being opposed, of an historic ten-year [euro]20 million Agreement with INTERPOL...
Variations of European Sports Law in Football Practice
1. Introduction It is not only European Union law which can exclusively influence the regulation of national sports association. European sports law may have more variations due to parallel existence of supremacy of EU law and so called autonomous...
Webster, Matuzalem, De Sanctis. ... and the Future
1. Introduction On 30 January 2008, the Court of Arbitration for Sport ("CAS") ruled that player Andrew Webster was entitled to unilaterally terminate his employment contract with Heart of Midlothian after the so-called protected period of his contract....
What Is Sports Law? Lex Sportiva and Lex Ludica: A Reassessment of Content and Terminology
1. Introduction What is 'sports law'? This is a question often asked by students, academics, lawyers and lay persons. Anyone attempting to formulate an answer often searches in vain for a response that is compelling and demonstrates some modicum...

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.