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

Ancient Chinese Football
The very first sources that refer to kicking against a ball come to us from the Chinese. At the time of the Western Han dynasty (206 BC-24 AD), Liu Xiang wrote his Analects of Tactics, in which he described zu-gu (1), the football of the Chinese people....
An Innovative System for Resolving Disputes in Sport (Only in Sport?)
The Geneva-based International Basketball Federation FIBA (Federation Internationale de Basketball) has set up the Basketball Arbitral Tribunal (BAT) (1), which is a true arbitral tribunal under Swiss law. It provides arbitral proceedings for disputes...
A Study on Legal Protection of Olympic Intellectual Property
1 The scope of Olympic intellectual property and the origin of its legal protection Olympic intellectual property means the exclusive rights applying to trademarks, specific symbols, patents, productions and other creative achievements, associated...
English Football under Government Spotlight
Despite its popularity, according to the UK Sports Minister, Hugh Robertson, English football is "the worst governed sport in Britain" and the UK Parliament Culture, Media and Sport Select Committee is conducting a high-level and wide-ranging inquiry...
Equal Treatment of Non-Nationals in Individual Sports Competitions
Chapter I: Introduction In its 2007 White Paper on Sport, the Commission indicated its intention to launch a study to analyse access to individual competitions for non-nationals. In the 2008 Biarritz Declaration, the European ministers called on...
FIFA Signs Historic Agreement with INTERPOL
As part of FIFA's plans to clean up the 'beautiful game', and, no doubt, with an eye on his re-election at the FIFA Congress at the beginning of June, which is being opposed, Sepp Blatter, announced on 9 May, 2011 the signature of an historic Cooperation...
FIFA to Set Up Anti-Corruption Body
The President of football's world governing body, FIFA, Sepp Blatter announced on 2 January, 2011 that he intends to set up "an anti-corruption committee to police world football's governing body." This development follows close on the heals of...
Formula One Removes Ban on 'Team Orders' Rule?
The World Governing Body of Motor Sport, the FIA (Federation Internationale de Motor Sport) has removed the controversial ban on 'team orders' from its rule book. This rule forbids F1 teams from instructing a driver to cede to his teammate in order...
Half-Time Score in EU TV Sports Rights Case
On 3 February, 2011, the German Advocate General at the European Court of Justice (ECJ), Juliane Kokott, published her Opinion in the long-running football pub broadcasting cases pending before the ECJ. She came down firmly on the side of the Portsmouth...
Implementation of the WADA Code in the European Union
Introduction The fight against doping has become an increasingly important theme on the European agenda. On this subject, the White Paper on Sport published by the European Commission on 11 July 2007 stated the following: The EU would benefit...
Intellectual Property Rights in Basketball
1. Introduction 1.1 Background Traditionally, "intellectual property" connotes a legal system of protection of immaterial goods that have significant economic importance: it refers to the result of human creativity and imagination such as, for...
International "Lex Sportiva" Conference: Universitas Pelita Harapan
Djakarta, Indonesia 22 September 2010 Opening address by Dr Andi Alfian Mallarangeng, Minister of Youth and Sport of the Republic of Indonesia From left to right: Hinca IP Pandjaitan, SH MH ACCS, Director of the Lex Sportiva Instituta Indonesia,...
International Sporting Event Bid Processes, and How They Can Be Improved
I. Introduction On December 2, 2010, the Federation Internationale de Football Association ("FIFA") will announce the hosts of the 2018 and 2022 Football World Cups. For the successful hosts, this is only the beginning of a long road that will certainly...
Is There Such a Thing as EU Sports Law?
1 Introduction The simple answer to the question posed in the title to this paper is: yes, there is such a thing as EU sports law! But most simple answers tend to mislead, and the risk is real here too. There is such a thing as EU sports law,...
Kick Corruption out of Football!
The 'beautiful game' is fast becoming the 'ugly game' as more and more corruption scandals come to light! The latest one concerns the sale of votes for hosting the FIFA World Cup, which is fast overtaking the Olympics as the biggest global sporting...
Landmark ECJ Rulings in FIFA & UEFA 'Crown Jewels' Cases
On 17 February, 2011, the General Court (formerly the Court of First Instance) (Seventh Chamber) of the European Court of Justice (ECJ) handed down two landmark Judgements in the so-called 'Crown Jewels' cases brought by FIFA, the World Governing Body...
Lisbon Treaty and EU Sports Policy
Introduction The principle of conferral stipulates that the EU must act within the limits of the powers conferred upon it by the Treaty. Until the entry into force of the Treaty on the Functioning of the European Union (TFEU) in December 2009, sport...
London Seminar 12-13 April 2010: The Legal and Tax Treatment of Sports Image Rights Agreements
Day 1: 12 April 2010 1. Introduction This two-day seminar has been devoted to the legal and tax treatment of sports image rights agreements. The first day has focused on the tax sheltering aspects in a number of selected European territories:...
Modern Sports Law
by Jack Anderson 2010 Hart Publishing Oxford UK & Portland Oregon USA ISBN 978-1-84113-685-1 Pages 373 + XLIX Paperback Price [pounds sterling]25 According to the Author, Dr Jack Anderson, who is Senior Lecturer in Law at Queen's University,...
Prosecuting Sports Violence: The Indonesian Football Case
I. Introduction For a long time, there have been various problems in Indonesian football, such as fighting and violence on and off the field, as well as vandalism. Many incidents have also taken place, such as violence committed player to player,...
Protecting International Sports Events: The Importance and Creative Use of Intellectual Property Rights
Introductory Remarks Sport is big business and has become an industry in its own right worth more than 3% of world trade and 2% of the combined GNP of the twenty-seven Member States of the European Union. So, there is much to play for both on and...
Reorganization of the Sports Betting Market in Germany
Introduction Ladies and gentlemen, Sport plays an important role in the lives of people around the world. Its welfare functions are essential to state and society. Sport socializes, integrates and is used for identification; it therefore exhibits...
RFU Wins Court Order in Ticket Touting Case
The unlawful advertising and sale of tickets to major sports events, especially by ticket touts who sell at prices well above their face value, is an increasingly widespread phenomenon, and poses an administrative nightmare for sports event organisers...
"Season of Birth Bias" or "The Relative Age Effect": Systemic Discrimination in European Youth Football"
Dear Professor Siekmann, Having e-mailed you last week I have since discovered that you are one of the authors of the Study on the Lisbon Treaty and EU Sports Policy. I would like to bring to the attention of the Culture and Education Committee...
Sport and the Law: A Concise Guide
by Laura Donnellan 2010 Blackhall Publishing Blackrock Co. Dublin Republic of Ireland ISBN 978-1-84218-210-9 Pages 254 + XXIV Paperback Price [euro]30 The aim of this Book is to provide "an overview of the law relating to sport in Ireland...
Sports Betting in the Jurisprudence of the European Court of Justice: A Study into the Application of the Stare Decisis Principle, Or: The Application of the "Reversal Method" of Content Analysis and the Essence of the ECJ Case Law on Sports Betting
1. Introduction Kaburakis' article on "ECJ Jurisprudence and Recent Developments in EU Sports Betting" (1) so far is the only substantial one on the matter. (2) From the article it becomes clear that to determine the evolution of the jurisprudence...
Sports Governing Bodies and Leveraging of Power: What Is the Appropriate Governance Model?
Introduction The commercialisation of sport has added a new layer of complexity to the role of the sports governing body. Their traditional regulatory function has assumed added significance as their regulatory choices affect the commercial freedoms...
The Application of the European Fundamental Freedoms in Non-Professional Sports
I. Introduction The field of sports law is developing rapidly. The internationalisation of sports not only has national legal implications, it also gives rise to more and more international legal conflicts, especially with regard to European Law....
The Autonomy Case in Brazil
Introduction Brazil has one of the most complex legal systems in the world, especially in regard to sports law. For that reason, sports law in Brazil has been a theorized area of study for a few years. The extension of this growing interest in sports...
The Contador Doping Saga Continues: CAS Is Now Involved!
Alberto Contador, one of only five cyclists so far to win the three Grand Tours - the Tour de France (three times), Giro d'Italia and Spanish Vuelta - has not yet crossed the finishing line as far as his alleged doping offence is concerned. The...
The FIFA "6+5" Quota System: Legal Admissibility under the Terms of the Treaty of Lisbon
I. Introduction European football undoubtedly is a very popular sport. Therefore, it is not surprising that the market values of the largest football clubs in Europe varied between EUR 55 mio and EUR 116 mio in the Season 2006/2007 with the most...
The Hybrid Character of WADA and the Human Rights of Athletes in Doping Cases (Proportionality Principle)
1. Introduction Generally speaking, what may be termed "sports law" consists of two parts, a public and a private one. The private part is formed by the rules and regulations of organized sport. Organised sport is built up of national and international...
The Sale of Liverpool Football Club; Controversial or Commonplace?
"At a football club, there's a holy trinity - the players, the manager and the supporters. Directors don't come into it. They are only there to sign the cheques." Bill Shankly, 2nd September 1913-29th September 1981 Never having met Mr Shankly...
The Unilateral Extension Option through the Eyes of FIFA DRC and CAS
Introduction The extension option is the right of the player and/or the club to extend the employment contract for a certain period of time which is stipulated by the parties in an employment contract. There are many kinds of extension options....
Tour De France: Latest Doping Investigations
Shock! Horror! Cycling once again is in the dock for doping! Cycling, in general, and its flag ship event, the Tour de France, in particular, seems to breed a culture for doping. Indeed, one commentator has described the sport's world governing...
Towards a Typology of (International) Comparative Sports Law (Research)
1.Introduction Sports law is an independent field of law: it complies with the requirements that can be set for the existence of fields of law. (1) Sports law consists of a private and a public segment. The private segment is formed by the rules...
Transnational Sports Law
Certain legal expressions are in everyday use in doctrine or practice, as if their meaning was obvious, despite the conceptual vagueness that continues to surround them. The notion of "Transnational Sports Law" undoubtedly falls into this category....
Wayne Rooney Stays at Manchester United - but at a Cost!
A former UK Prime Minister, Harold Wilson, once said that 'a week is a long time in politics'. In football, 48 hours is no time at all! That is how long - or short! - it took for Wayne Rooney to change his mind about leaving the world's most famous...
You Cannot Reject the Olympic Medal? - Commentary on the CAS Abrahamian Case
Introduction Since the Atlanta Olympic Games in the USA in 1996, the International Council of Arbitration for Sport (ICAS) (1) has established its special tribunal in the Olympic host city, which is called the Court of Arbitration for Sport (CAS)...
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