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

AJ Auxerre V. Philippe Mexes and AS Roma CAS Award: Commentary
Preamble Philippe Mexes had a very good relationship with the then Auxerre coach, the famous and renowned Guy Roux, who usually treated his players like his sons but when a father gives you his word you normally understand that he is going to comply...
Are Athletes Obliged to Accept the Jurisdiction of the Court of Arbitration for Sport Ad Hoc Division for Settling Their Disputes at the Olympic Games?
Introductory Remarks The Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, has recently published in English and French (July, 2009) a Digest of the Awards made by its Ad Hoc Division (AHD) - a kind of circuit court of the CAS...
CAS 2004/A/593 - Football Association of Wales V. UEFA: Comment
1. This case demonstrated the difficulty in persuading UEFA's disciplinary bodies, and the CAS, to impose a sanction on an entire football team where the evidence shows doping by only one player in the team. The Football Association of Wales ("FAW")...
Chelsea Sporting Sanctions Frozen Pending the Final Outcome of Their Appeal to CAS
The Court of Arbitration for Sport (CAS) has issued on 6 November, 2009 the following Statement to the Media in the Chelsea/Kakuta/Lens appeal case: BEGINS Tribunal Arbitral du Sport Court of Arbitration for Sport PRESS RELEASE For further...
Civil Liability in Sport: Aaron Ramsey
On the Saturday the 27th of February 2010, in Stoke City FC's Britannia Stadium, Aaron Ramsey broke his leg; A compound double fracture of his tibia and fibula. He was grotesquely injured following a collision with Ryan Shawcross, a promising young...
Comment on CAS 98/200 AEK Athens and Slavia Prague V. UEFA
I. Background ENIC plc is an English company which had invested in several European football clubs. In 1997, it acquired controlling interests in AEK, Slavia and Vicenza. In the 1997/98 European football season, these three clubs took part in the...
Compatibility of the FIFA 6+5 Rule with EU Law
I. Introduction In the following article the author would like to prove the compatibility of the FIFA 6+5 rule with EU law by taking into account European case law, shortly compare it with the homegrown players rule promoted by UEFA and comment...
Discrimination against EU Nationals in Amateur Sports
1. In a pending dispute between three basketball clubs in Aachen and the regional basketball league Westdeutscher Basketball-Verband e.V. (WBV), which is responsible for the second regional basketball league in Nordrhein-Westfahlen, Germany, issues...
Editorial
In April and May 2010 respectively, seminars were held in Brussels and The Hague seminars were held on the ECJ's verdict in the Bernard case on training compensation in professional football. In this issue of ISLJ, Prof. Stephen Weatherill, University...
Image Rights in Top Sport in Hungary
1. Introduction When the concept of "image rights" was introduced in Hungary there was no literature whatsoever on the subject and not even an official scientific name for it in Hungarian. There is no Hungarian translation for the English word "image...
Image Rights: The Albanian Perspective
Differently from other jurisdictions where established statues and case law entitle individuals to control how their image or likeness is used for commercial purposes in public the realities of Albania have not yet caused that the legislator addresses...
Indonesia Calls: Promoting Indonesian Professional Football
"Have a save trip home back to your family in the legal capital of the world, The Hague", I said while firmly shaking hands with Dr. Robert Siekmann and Roberto B. Martins when seeing them off at Soekarno-Hatta international airport, Indonesia, on...
Kicking Illegal Betting out of Football FIFA's 'Early Warning System'
The manipulation of sport through illegal betting undermines its integrity. For most punters, betting on the outcome of sporting events, especially football matches, football being the world's most popular sport, is an innocent and harmless pastime....
Morality Clauses in Sports Merchandising Agreements
Introductory Remarks Sport is a multi-billion dollar global business and there is much, therefore, to play for both on and off the field of play. The sale of broadcasting rights to major sporting events brings in mega sums to their organisers. The...
New Players' Agents Regulations in Turkey
I. General Provisions Article 1 - Purpose The purpose of these Regulations is to set the terms for acquiring a Players' Agent Licence and to define the rules and procedures governing the players' agents' activities. Article 2 - Definitions...
'OFCOM' Orders Sky Sports to Make Their Coverage More Widely Available to Broadcasters and Viewers Alike
Following a three-year investigation into the UK Pay TV market, the UK Broadcasting Regulator 'Ofcom', has ruled on 31 March, 2010 that Sky Sports (dedicated sports channels of BSkyB, owned by the media tycoon Rupert Murdoch) (Sky), which carries exclusive...
Players' Agents: Past, Present ... Future?
After the well-known Bosman case, the European labour market in professional football changed substantially. Due to Bosman the 3+2 rule (1) was repealed and the payment of transfer sums at the end of a players' contract was found to be illegal in the...
Privacy and Personality Rights: Commercial Exploitation and Protection
By Robert Deacon, Nigel Lipton and Robert Pinker, Jordan Publishing Limited, 2010, Bristol, pp 692 + XLVIII, ISBN 978 1 84661 186 5, price [pounds sterling]120 We are living in an age obsessed with celebrities - whether they are film stars or sports...
Regulation of Sports Lotteries and Betting in Switzerland
1. Introduction The regulation of lotteries, in particular, sports lotteries, and betting in Switzerland may be viewed as a classic example of how gambling, one of the strongest individualistic human passions, could be used to serve the public good....
Rights to Broadcast Sporting Events under Italian Law
1. Introduction In this chapter, we explore the Italian scenario of the very current and ever controversial subject of the ownership of and access to special information with extraordinary commercial and entertainment value -the voice and video...
South Africa 2010 World Cup: FIFA Wins Landmark 'Ambush Marketing' Case
This year sees the FIFA World Cup taking place in South Africa - the first time in its history that it will be staged on the African Continent. This in itself is a landmark event; and another landmark event is the recent ruling of the Pretoria High...
Sport Betting and Its Regulation in China
Gambling or betting has a long history in China, and it is common for people to bet and enjoy themselves through playing poker or mahjong. In any event, betting is closely associated with lottery, and those people who buy lotteries may have a sense...
Sport Governance in Portugal
1. Legal Framework 1.1. Sport at the Portuguese Republic Constitution Since the first Portuguese Republic Constitution ("Constituicao da Republica Portuguesa") - PRC - dated from 1976, sport is recognized as a fundamental right. The "right to...
Sporting Just Cause and the Relating Jurisprudence of FIFA and CAS
The FIFA Regulations on the Status and Transfer of Players (the Regulations) (1) stipulate that a contract between a professional and a club may only be terminated: 1) on expiry of the term of the contract or by mutual agreement (Art. 13); or 2) if...
Sport, Mediation and Arbitration
By Ian S. Blackshaw T.M.C. Asser Press, The Hague 2009, pp. 557 + XXII, ISBN 978-90-6704-307-6, price: [pounds sterling]90 There can surely be no more enthusiastic and articulate champion of Alternative Dispute Resolution (ADR) in sport than...
Sports Betting and European Law
1. The establishment of the principle of proportionality in gambling cases (1) A study of the handling of sports betting cases by the European Court of Justice would not be complete without examining the handling of gambling in general by the ECJ....
Sports Betting in Singapore
From football to Formula 1, betting on sporting events is increasingly commonplace. This article provides an insight into the history, legislative framework and pertinent issues in the dynamic area of sports betting. Sports betting involves making...
Sports Image Rights in Bulgaria
1. Introduction In Bulgaria the concept of "image rights" has not been developed as such. The reason is the fact that the English word "image" has been literally transplanted in the Bulgarian language but associated only with one of its aspects....
Sports Image Rights in Estonia
1. Introduction The contemporary society worships celebrities like pop-stars, actors as well as professional athletes. Celebrities are usually taken as positive role models, whom people want to be or look like. The businesses have understood the...
Sports Image Rights in Lithuania
1. Introduction Sports plays a great role in a relatively young (1) Lithuanian society. It is definitely a part of Lithuanian social identity with a power to unite citizens. It was a source of strong patriotic feelings during Soviet times, while...
Sports Image Rights in Romania
1. Image Rights in Romania 1.1. Overview of Relevant Legislation Although the "image right" is not listed among the fundamental rights expressly listed in the Romanian Constitution (1), nevertheless it is recognized indirectly (2) through a provision...
Sports Image Rights in Slovenia
1. Introduction Development of commercialization within sport is increasing intensively and Slovenia is not an exception. Athletes and sport organizations try to ensure financial support for their activities through marketing and it is very important...
The Application of Criminal Law on Doping Infractions and the 'Whereabouts Information' Rule: State Regulation V Self-Regulation
Introduction Much discussion has been generated with the introduction of a rule to combat the use of performance enhancing substances and methods in sport. This discussion has been initiated and subsequently became an integral part of the sporting...
The "Chambre Arbitrale Du Sport" (CAS): A New Body for Dispute Settlement in French Sport
Background. The so-called "Mazeaud law" 75-988, enacted in France on 29th October 1975, made the Comite National Olympique et Sportif Francais (1) (CNOSF) the main body for dispute settlement in French sport. Article 14 of this law states that "the...
The Island of Guernsey to Introduce New IP Image Right
The commercialisation of the image rights of sports personalities, such as Tiger Woods and David Beckham, are big business for the sports persons themselves and those who wish to be commercially associated with them to promote their goods and services....
The Law of the Olympic Games
By Alexandre Miguel Mestre, T.M.C. Asser Press 2009, The Hague, pp. 242 + XII, hard cover, ISBN 978-90-6704-304-5, price: [pounds sterling]45 This Book by Alexandre Miguel Mestre, a leading Portuguese Sports Lawyer and former Assistant to the Portuguese...
The Olivier Bernard Case: How, If at All, to Fix Compensation for Training Young Players?
1 Introduction The list of sports-related judgments in EU law was extended in March 2010. The decision of the Court of Justice of the European Union (CJEU - as it has been known since the entry into force of the Lisbon Treaty) in Olympique Lyonnais...
The "Olympic Cases": CAS 2008/A/1622-1623-1624, FC Schalke 04, SV Werder Bremen, FC Barcelona V. FIFA
1. Introduction The "Olympic Cases" (CAS 2008/A/1622-1623-1624) concerned a rather simple question, i.e. whether professional football clubs had a statutory obligation to release their players for the 2008 Olympic Games in Beijing or not. Nevertheless,...
The Organization of Sports in France
"Physical and sports activities are an important part of education, culture, integration and social life. They especially contribute to fighting against academic failure and reducing social and cultural inequalities, in addition to their importance...
The Possible Implications of Its 'Sport Article' for Sport in the New Streamlined Europe
After eight years and much wrangling and politicking, the Lisbon Treaty of 13 December, 2007 was finally ratified with the signature of the Czech President on 3 November 2009 and is effective as of 1 December, 2009. This is not only a milestone...
Transparency in Transfers
Transparency was the watchword for football regulators towards the end of 2009, and this looks set to continue into 2010. It is under this banner that FIFA seems prepared to recast its role as regulator of the use of third parties in international...
TV Rights in Japan
1. What Are TV Broadcasting Rights And How Are They Protected In Japan Japan is no exception when it comes to the increasingly lucrative and expensive nature of the business of granting rights to film live sports events and broadcast such events...
TV Rights in Turkey
1. Introduction 1.1. Sports policy and football in Turkey: a general outlook 1.1.1 Article 59 of the Turkish Constitution enacted in 1982 states that (free translation) 'The state shall take measures to develop the physical and mental health...
UEFA Financial Fair Play Rules Should Be Implemented without Delay
According to UEFA, the European Governing Body of Football, half of the leading professional football clubs in Europe are living beyond their means and are on the edge of administration. One of them, Portsmouth FC in the English Premier League, has...
WADA to Introduce Blood Profiling Programme to Catch Drugs Cheats: But What about Their Human Rights?
After years of discussion and development, the World Anti-Doping Agency (WADA) is reportedly ready to launch a global programme to monitor athletes' blood profiles for evidence of cheating. Meeting in Stockholm at the beginning of December 2009...
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