Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

Call for Papers - How football changed Qatar (or not): Transnational legal struggles in the shadow of the FIFA World Cup 2022 - Deadline 6 January 2023

The FIFA World Cup 2022 in Qatar is now well under way, yet the relentless public debates around Qatar’s human rights record, be it regarding the rights of LGBTQ+ or the rights of migrant workers who built the infrastructure that underpin the competition, is not dying down. In fact, the whole build-up towards the event has been defined by an intense public scrutiny of Qatar, with civil society organizations and international labor unions engaging in continuous advocacy to report on and improve the living and working conditions of migrant workers active on Qatar’s many building sites. This issue also attracted attention and critique from both the international media and public authorities all around the globe. In fact, the question of Qatar’s (lack of) compliance with internationally recognized human rights and core labor standards caused so much negative publicity and external pressure that a number of legislative and institutional reforms were initiated, officially aimed at improving the rights and standing of migrant workers in Qatar. While it is highly disputed whether these reforms have led to actual changes on the ground or should be seen only as window-dressing, it remains clear that the global public attention brought to Qatar by its hosting of the FIFA World Cup 2022 has forced the Qatari authorities to engage legislative reforms and pay at least lip service to the concerns raised.

In spite of the fact that this issue continues to play a major role in the transnational public discourse, it received until now relatively scant attention in the academic literature, specifically in the international/transnational legal field. Yet, the debates around the Qatar 2022 World Cup are in practice mobilizing a range of legal arguments connected to the interpretation and application of international human rights law and international labor law, as well as activating international (at the ILO) or transnational (at the Swiss OECD National Contact Point) legal processes. Furthermore, they raise well-known questions regarding the compliance of states with international legal commitments and connect with debates on the universality of human rights and their translation in particular social contexts. In short, we believe there is room for a multi-disciplinary engagement with the legal processes and social mobilizations triggered by Qatar’s successful bid to host the FIFA World Cup 2022 and their impacts on local social and legal rules and institutions. Hence, Qatar’s journey towards the FIFA World Cup 2022 constitutes an interesting case study to investigate more generally the transnational social and legal mechanisms which underpin the concretization of international (human rights/labor) law in a particular context and give it a specific reality.

We invite paper submissions from different methodological backgrounds (e.g. law, anthropology, sociology, history, public policy) which engage with the many entanglements of Qatar with international (human rights and labor) law in the context of the organizing and hosting of the FIFA World Cup 2022. The papers will be first discussed in a digital workshop that will take place on 15 and 16 February 2023. Please note that we have an agreement with the German Law Journal (Open access journal on comparative, European and international law published by Cambridge University Press) to publish a selection of the papers.

If you wish to participate in the workshop and the ensuing publications, please send an abstract of max. 300 words and a CV to a.duval@asser.nl by 6 January 2023. The selected participants will be informed by 9 January 2023. Extended abstracts (2000 words) will be due on 6 February 2023.


Supported by German Law Journal

 

Time to focus on freedom of expression: Rainbows, armbands, and FIFA’s commitment to human rights - By Prof. Mark James (Manchester Metropolitan University)

Editor's note: Mark James is Professor of Sports Law at Manchester Metropolitan University and the author of a leading Sports Law textbook.


The opening days of the FIFA World Cup Qatar 2022 have already resulted in a number of issues of interest to sports lawyers and human rights lawyers, with FARE’s Piara Powar claiming that this is the most political major sporting event that he has attended. Both FIFA and the local organisers have been active in their suppression of expressions of support for LGBTQIA+ rights by players, fans and journalists alike, calling into question once again the legality of restricting free speech by sporting rules and regulations.

There have been two major flashpoints to date. First, seven European federations had asked FIFA for permission for their captains to wear armbands supporting the ‘OneLove’ campaign. FIFA’s response was to refuse, resulting in the German players covering their mouths for their pre-match photographs in protest at their being silenced. There are several grounds on which FIFA would seek to support its position:

  •  Law 4.5 of the Laws of the Game prohibits any playing equipment from carrying any political, religious or personal slogans, statements or images.
  • Regulation 4.3.1 of FIFA’s Equipment Regulations and Regulation 27.1 of the FIFA World Cup 2022 Regulations prohibits clothing or equipment that includes political, religious, or personal slogans, statements, or images, or otherwise does not comply in full with the Laws of the Game.
  • Regulation 33.3 of the FIFA World Cup 2022 Regulations prohibits the display of political, religious or personal messages or slogans of any nature in any language or form by players and officials.
  • Regulation 13.8.1 of FIFA’s Equipment Regulations states that for FIFA Final Competitions, the captain of each Team must wear the captain’s armband provided by FIFA (all Regulations available in the FIFA Legal Handbook 2022).

Although the DFB is considering a challenge to FIFA’s refusal to allow its captain to wear the OneLove armband, which would ultimately be heard before CAS, it is unlikely to succeed in the face of the strict requirements of the above Laws and Regulations. However, what could cause more difficulty for both FIFA and CAS is if the DFB frames its case as a challenge to the compliance of the rules that restrict players’ freedom of expression with Article 3 of FIFA’s Statutes, which states that ‘FIFA is committed to respecting all internationally recognised human rights.’ Article 3, together with the additional detail provided by FIFA’s Human Rights Policy, ensures that freedom of expression as defined in Article 19 of the Universal Declaration of Human Rights and Article 10 of the European Convention on Human Rights are limitative rules that can be applied directly to FIFA’s activities, as has been argued by Bützler and Schöddert. Further, if the affected players and associations can define themselves as human rights defenders, then Article 11 of FIFA’s Human Rights Policy states that, ‘FIFA will respect and not interfere with the work of … human rights defenders who voice concerns about adverse human rights impacts relating to FIFA.’ Any challenge using this approach would be the first real test of the enforceability of the human rights protections to which FIFA claims to be committed. It would also be a test of CAS’s ability to require adherence to the human rights commitments made by ISFs and to prove that they are more than simple window-dressing.

Secondly, members of The Rainbow Wall, a contingent of LGBTQIA+ rights-supporting Welsh fans, were prevented from entering the Ahmed bin Ali stadium whilst wearing bucket hats incorporating a rainbow into its design. No explanation for why was given, however, FIFA and the local organisers would argue that openly supporting LGBTQIA+ rights with the aim of promoting legal change in a country where homosexuality is illegal is a political statement on apparel and therefore entry into the stadium wearing the rainbow hat is in breach of the Regulation 3.1.23 of the Stadium Code of Conduct. A similar argument could be used to justify preventing US journalist Grant Wahl from entering the stadium wearing a t-shirt incorporating a rainbow into its design and Danish journalist Jon Pagh from wearing the OneLove armband. However, it must be stressed that no such explanation for the prohibitions applied to these garments was provided to any of the affected fans or journalists. It must also be recognised that the opinion that promoting LGBTQIA+ rights is a political expression is highly contested. In a statement from FIFPRO, the opposing view was stated succinctly: ‘We maintain that a rainbow flag is not a political statement but an endorsement of equality and thus a universal human right.’

It is clear that, as with Rule 50 of the Olympic Charter, the chilling effect that FIFA’s Regulations have on players’ and fans’ freedom of expression is likely to be unlawful, as has been discussed at length both on this blog and on the Verfassungsblog Debate on Freedom of Expression in the Olympic Movement. Instead of revisiting these arguments, which are taken to apply to FIFA’s actions at Qatar 2022, two additional issues related to the FIFA Statutes are explored here.

Articles 3 and 4 of FIFA’s Statutes state that:

3 Human rights

FIFA is committed to respecting all internationally recognised human rights and shall strive to promote the protection of these rights.

4 Non-discrimination, equality and neutrality

4.1 Discrimination of any kind against a country, private person or group of people on account of race, skin colour, ethnic, national or social origin, gender, disability, language, religion, political opinion or any other opinion, wealth, birth or any other status, sexual orientation or any other reason is strictly prohibited and punishable by suspension or expulsion.

FIFA is a long-time supporter of pride events and in its press release for Pride Month 2022 stated:

[The] FIFA World Cup Qatar 2022™ will be a celebration of unity and diversity – a joining of people from all walks of life – regardless of race, ethnicity, religion, age, disability, sex characteristics, sexual orientation, gender identity and expression – everybody will be welcome.

Claims that all staff involved in the Qatar 2022 including public and private security forces, would be trained on how to accomplish their tasks in a non-discriminatory manner, seem not to have been operationalised effectively.

This begs the question whether FIFA is in breach of its own Statutes by refusing to allow players to express themselves freely on armbands and failing to protect fans’ freedom of expression by wearing rainbows. At the very least, FIFA should have ensured that a protective LGBTQIA+ regime in the stadiums and the fan zones during the World Cup was implemented to enable the ‘celebration of unity and diversity’ it claims that Qatar 2022 should be. FIFA’s actions in Qatar call into question its claims to be an inclusive and supportive leader on anti-discrimination and human rights, and is likely to see a backlash from the LGBTQIA+ community that it claims to support when it engages with Pride 2023; accusations of hypocrisy and virtue signalling are guaranteed.

With no resolution to the debate at the time of writing, Articles 3 and 4 could provide players and fans with the opportunity to demonstrate their support for human rights and anti-discrimination causes. At the Sochi 2014 Winter Olympics, Athlete Ally developed the ‘Principle 6 Campaign.’ Instead of criticising directly Russia's so called anti-gay laws, which are currently in the process of being extended, athletes promoted Principle 6 of the Olympic Charter, which at the time stated that, ‘Any form of discrimination with regard to a country or a person on grounds of race, religion, politics, gender or otherwise is incompatible with belonging to the Olympic Movement.’ The eventual outcome of this campaign was the addition of sexual orientation to the list of characteristics protected by Principle 6. Unlike at Sochi 2014, there is no need to campaign for a change to either of Articles 3 or 4 of the FIFA Statutes; instead, activists want to ensure that they are being applied. An immediate response for both players and fans would be for them to quote specifically from Articles 3 and 4, as it would be extremely difficult for FIFA to claim that they are making political or personal statements when promoting FIFA’s own foundational values. A creative reminder of what FIFA claims to stand for could enable player and fan activism to continue throughout the tournament, and beyond, whilst affected players and associations can develop a compelling case for the restrictions on freedom of expression to be struck out by CAS, the Swiss Federal Tribunal and/or the European Court of Human Rights.

New Event - Zoom In - Sports Governing Bodies and the Russian invasion of Ukraine - The end of neutrality? - 12 October - 16.00-17.30 CET

Sport is often presented by Sports Governing Bodies (SGBs), and in particular the International Olympic Committee, as apolitical. A neutral endeavor, which ignores the whims of politics and keeps national governments at arm’s length. In short, it is thought of as an autonomous sphere of transnational society wishing to remain unaffected by the political turbulences out there. In fact, many SGBs enforce strict rules banning political speech by individuals, and in the spaces, subjected to their contractual power. Moreover, FIFA, for example, regularly issues effective sanctions against states which are perceived as threatening the autonomy of the governance of football on their territory. Hence, this apolitical ideal of international sports is not only a founding myth of the Olympic Movement, it is actively pursued by SGBs through their private regulatory powers and has hard consequences for athletes, clubs, sport officials alike.


Yet, on 24 February, Russia decided to invade Ukraine, in what has become the most important land war in Europe since the implosion of ex-Yugoslavia. This invasion was quickly followed by condemnations from the IOC and many other SGBs, leading in many cases, most prominently by UEFA and FIFA, to the exclusion of Russian teams and athletes from international sporting competitions. This reaction is difficult to square with the neutrality and autonomy of sport so vigorously defended by the international SGBs until recently. It raises also many questions of double standards: why did this illegal invasion lead to sporting consequences and not others? Furthermore, the Court of Arbitration of Sport recently released two orders (available here and here) concerning UEFA and FIFA’s decisions to exclude Russian national teams and clubs from their football competitions, which outline the legal strategies pursued by the SGBs to reconcile the public urge to exclude Russia(ns) from international sporting competitions, and their commitments to political neutrality.

We are very happy to welcome three outstanding scholars to discuss these issues with us from different methodological perspectives.

Speakers:

  • Prof. Carmen Pérez (Universidad Carlos III de Madrid), who wrote a blog on the reactions of SGBs to Russia’s invasion
  • Dr. Daniela Heerdt (Asser Institute and Centre for Sports and Human Rights), who is the co-author of a blog mapping the reactions of SGBs to Russia’s invasion
  • Carole Gomez (University of Lausanne and Institut de Relations Internationales et Strategiques), who has been interviewed numerous times by international media on the issue (see here and here)

Moderators:

Register for free HERE!


ISLJ Conference 2022 - Transnational sports law and governance in turbulent times - Early Bird Registration Ends Tomorrow!

On 25 and 26 October 2022, the Asser Institute in The Hague will host the 2022 edition of the International Sports Law Journal (ISLJ) Conference. The ISLJ is the leading academic journal in transnational sports law and governance and is proud to provide a platform for transnational debates on the state of the field. 2022 has put a number of complex issues and disputes on the top of the transnational sports law agenda, which will be at the heart of the conference.


Sports governing bodies react to Russia's invasion of Ukraine
First, Russia’s brutal invasion of Ukraine in February triggered a swift and decisive reaction by a wide range of international sports governing bodies (SGBs), leading in particular to the exclusion of Russian teams and athletes from many international sporting competitions, including most prominently the FIFA World Cup 2022 in Qatar. These reactions have shown, once again, that sport is far from immune from the turbulences of international relations and raise the question of its alleged neutrality and apolitical nature. To engage with these issues, we have invited Prof. Jonathan Grix (Metropolitan Manchester University) to deliver a keynote speech and will dedicate a specific panel to discussing the intersection between transnational sports law and international law/relations.

Monopoly of sports governing bodies
Second, the organization of international sports is also currently threatened by challenges to the traditional monopoly position of international SGBs raised under EU antitrust law. Early July 2022, the Grand Chamber of the Court of Justice of the European Union heard two crucial cases (International Skating Union and Superleague) concerning the compatibility of the rules of international SGBs aimed at sanctioning athletes and clubs who participate in unauthorized third-party competitions. Dr. Van Rompuy (Leiden University), the driving force behind the ISU case, will be discussing with us the potential impact of competition law on the governance of sport and what to expect from the pending decisions of the CJEU. Additionally, we will host two panels dedicated to the application of competition law to sports governance, both at an international and national level.

Human rights and mega-sporting events
Third, with both Beijing and Qatar hosting mega-sporting events this year, it is difficult to ignore the human rights issues raised by international sporting competitions. A fast-growing social movement aimed at urging the SGBs to abide by their human rights responsibilities has been developing around the activism of some NGOs and the creation of the Centre for Sport and Human Rights (CSHR). The CEO of the CSHR, Mary Harvey, will be joining us to share her thoughts on the role of sports lawyers and sports law academics in this discussion. Her intervention will be followed by a panel dedicated to the intersections between human rights and transnational sports law and governance.

Trans and queer participation in sporting competitions
Finally, the question of the participation of transgender athletes in sporting competitions has become an extremely contentious issue of debate in recent years, especially in the United States. Furthermore, International SGBs, such as FINA recently, have started to impose specific requirements to the participation of trans athlete in international competitions. Our closing panel will take a fresh look at this question by foregrounding the way in which trans and queer participation in sporting competitions has been accommodated in South Asia.

Online participation available
For the first time this year, we will allow online participation to the conference for an affordable price. Our aim is to internationalise and diversify further our audience and to reach people who in light of the current challenges, be it Covid-19 or climate change, are not in a position to come in person to The Hague.

Programme
Download the full programme.

Register HERE! (Early Bird Registration is available only until 1 October, 23:59CET)

A personal reflection on the Summer Programme on Sports Governance and Human Rights - By Pedro José Mercado Jaén

Editor’s note:Pedro is an intern at the Asser Institute and currently studying the Erasmus Mundus Master Degree in Sports Ethics and Integrity (KU Leuven et al.) He was one of the participants of the first edition of the Summer Programme on Sports Governance and Human Rights.


In early September, the first Summer Programme on the Governance of Sport and Human Rights took place at the Asser Institute. During one week, various experts in the field presented different lectures to a very diverse group of participants with a wide range of professional backgrounds. Being a participant myself, I would like to reflect on this one-week course and share what I learned. More...



Can Formula 1 drive to protect human rights? A case study of the Bahrain GP - By Pedro José Mercado Jaén

Editor's Note: Pedro is an intern at the Asser Institute and currently studying the Erasmus Mundus Master Degree in Sports Ethics and Integrity (KU Leuven et al.) He worked as a research fellow for the Centre for Sport and Human Rights, and his primary research interests lie in the fields of International Human Rights and sport. 


I.               Introduction

“I can’t do everything and I can’t do it alone. I need allies.” These are the words of the seven-time Formula 1 (F1) world champion, Lewis Hamilton. He was urging more support to advocate for the protection of human rights in the countries visited by Formula 1. During the last years, Hamilton together with Sebastian Vettel, have become the leaders of a movement demanding accountability and greater awareness of the impact of F1 on society.

The inclusion of the Bahrain GP on the F1 racing calendar for the first time in 2004 ignited concerns, which have grown with the inclusion of Abu Dhabi in 2007, Russia in 2014, Azerbaijan in 2017, and Saudi Arabia and Qatar in 2021. The inability and lack of commitment of state authorities to protect and respect human rights, the ineffectiveness of judicial procedures and the systematic repression of political opposition are some of the factors that make these countries prone to human rights violations. Academics and CSOs regularly argue that F1, by signing multi-million dollar contracts with these countries, is complicit in sportswashing. Those pulling the sport’s strings deny these accusations and claim that human rights are at the centre of their agenda when they visit these countries. They claim F1 can drive the improvement of human rights standards in a particular country. However, reality tells a different story. The Bahrain GP has been running for more than a decade and the situation in the country has only worsened, without any signs of F1 contributing to the improvement of the protection of human rights there.

This blog aims to provide an overview of the human rights challenges F1 is facing when hosting a Grand Prix. For this purpose, a case study of the Bahrain GP, one of the longest-running on the modern/current F1 calendar, will be carried out. This will allow us to examine in detail the historical evolution of the GP, the complaints from civil society organisations and the reaction of the Federation Internationale de l’Automobile (FIA) and other stakeholders to the ongoing allegations of human rights violations.More...



Call for papers - ISLJ Conference on International Sports Law - Asser Institute - 25 and 26 October 2022

 

Call for papers

ISLJ Conference on International Sports Law

Asser Institute, The Hague

25 and 26 October 2022


The Editors of the International Sports Law Journal (ISLJ) invite you to submit abstracts for the ISLJ Conference on International Sports Law, which will take place on 25 and 26 October 2022 at the Asser Institute in The Hague. The ISLJ, published by Springer and TMC Asser Press, is the leading academic publication in the field of international sports law. The conference is a unique occasion to discuss the main legal issues affecting international sports and its governance with renowned academic experts.


We are delighted to announce the following confirmed keynote speakers:

  • Jonathan Grix (Professor of Sport Policy and Politics at Manchester Metropolitan University), and
  • Mary Harvey (CEO at the Centre for Sport and Human Rights),
  • Ben Van Rompuy (Assistant Professor at Leiden University).


We welcome abstracts from academics and practitioners on all issues related to international sports law and governance. We also welcome panel proposals (including a minimum of three presenters) on a specific issue. For this year’s edition, we specifically invite submissions on the following themes and subthemes:

  • International sports law and governance in times of conflict:
    • The emergence of the idea(l) of political neutrality of SGBs and its translation in legal/governance practice
    • The intersection between public international law and international sports law and governance in the context of international conflicts
    • The role of sports diplomacy/conditionality in the context of international conflicts
    • International sports law and the Russian invasion of Ukraine

  • Human rights and mega sporting events (MSEs)
    • The adverse or positive impact of MSEs on (specific) human rights
    • The influence of human rights commitments on the organisation of MSEs
    • The effects of MSEs on human rights in organising countries
    • The responsibilities and strategies of SGBs to ensure respect of human rights at MSEs
    • The role and responsibilities of states in ensuring respect of human rights in the context of MSEs

  • Competition law and challenges to the governance monopoly of SGBs
    • The impact of competition law on SGBs and their governance
    • The limits of competition law on effecting change in the governance of sport
    • The specific modalities of application of competition law to sports governance
    • The legitimacy of competition authorities in challenging SGBs


Please send your abstract of 300 words and CV no later than 1 July 2022 to a.duval@asser.nl. Selected speakers will be informed by 15 July.

The selected participants will be expected to submit a draft paper by 10 October 2022. Papers accepted and presented at the conference are eligible for publication in a special issue of the ISLJ subject to peer-review. Submissions after this date will be considered for publication in later editions of the Journal.

The Asser Institute will cover one night accommodation for the speakers and may provide a limited amount of travel grants (max. 250€). If you wish to be considered for a grant, please indicate it in your submission.

Reactions of International Sport Organisations to the Russian Invasion of Ukraine: An Overview - By Daniela Heerdt & Guido Battaglia

Editor's note:

Daniela is a researcher at the Asser Institute in the field of sport and human rights. She has a background in public international law and human rights law and defended her PhD project entitled “Blurred Lines of Responsibility and Accountability – Human Rights Abuses at Mega-Sporting Events” in April 2021 at Tilburg University. She also works as independent consultant in the field of sport and human rights for the Centre for Sport and Human Rights, or the European Parliament among other clients from the sports ecosystem

As Head of Policy and Outreach, Guido is in charge of the Centre for Sport & Human Rights engagement with governments, international and intergovernmental organisations and sports organisations. He represents the Centre at conferences, events and bilateral dialogues to reach new audiences and partners and raise public awareness and understanding of the Centre’s work .



On February 24, 2022, the Russian military invaded Ukrainian territory. What followed was an escalation of the war, day by day, causing thousands of victims and forcing millions of people to flee. On March 2, the UN General Assembly overwhelmingly adopted a resolution deploring "in the strongest possible terms" Russia's aggression against Ukraine by a vote of 141 to 5, with 35 abstentions. On March 29, Russian and Ukrainian representatives met in Istanbul for another round of negotiations. No ceasefire has been agreed and hostilities continue.

Many states, international organizations and corporations quickly took measures in response to this invasion. Hundreds of companies decided to withdraw from Russia. Some countries decided to strengthen economic sanctions against Russia and Belarus and to provide military and economic help to Ukraine. Many civil society actors mobilised to organize and provide humanitarian support for Ukraine. Interestingly, international sports organisations like the International Olympic Committee (IOC), the Fédération Internationale de Football Association (FIFA), World Athletics and many other international federations, issued statements condemning the invasion and imposed bans and sanctions on Russian and Belarussian sports bodies and athletes.

This blog post provides an overview of the measures adopted by a number of international sports federations (IFs) that are part of the Olympic Movement since the beginning of the war and analyses how they relate to the statements issued by the IOC and other sanctions and measures taken by international sports organisations in reaction to (geo)political tensions and conflict.

More...





[Conference] Towards a European Social Charter for Sport Events - 1 December - 13:00-17:00 - Asser Institute

Sport events, especially when they are of a global scale, have been facing more and more questions about their impact on local communities, the environment, and human rights. 

It has become clear that their social legitimacy is not a given, but must be earned by showing that sport events can positively contribute to society. During this half-day conference, we will debate the proposal of a European Social Charter for Sport Events in order to achieve this goal. 

In January 2021, a consortium of eight partners launched a three-year project, supported by the European Commission under the Erasmus+ scheme, aimed at devising a European Social Charter for Sport Events (ESCSE). The project ambitions to develop a Charter which will contribute to ensuring that sport events taking place in the European Union are socially beneficial to the local communities concerned and, more generally, to those affected by them. The project is directly inspired by the decision of the Paris 2024 bid to commit to a social charter enforced throughout the preparation and the course of the 2024 Olympics.

This first public event in the framework of the ESCSE project, will be introducing the project to a wider public. During the event we will review the current state of the implementation of the Paris 2024 Social Charter, discuss the expectations of stakeholders and academics for a European Social Charter and present for feedback the first draft of the ESCSE (and its implementing guidelines) developed by the project members. It will be a participatory event; we welcome input from the participants.

The Asser International Sports Law Centre, powered by the Asser Institute, is contributing to the project through the drafting of a background study, which we will introduce during the conference.

Please note that we can provide some financial support (up to 100 euros)  towards travel and/or accommodation costs for a limited number of participants coming from other EU Member States or the UK. To apply for this financial support please reach out to ConferenceManager@asser.nl.  `

Register HERE

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Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

A World Cup Without the World? How Trump’s Travel Ban Contradicts FIFA’s Values - By Rasoul Rahmani

Editor's note: Rasoul Rahmani is a PhD Candidate at the Faculty of Law, University of Turku, Finland. His doctoral research examines sports governance and human rights, with a focus on how EU law, particularly recent CJEU rulings, is reshaping the autonomy of sports governing bodies and the institutional implications of these developments.

 

The Ban and Its Expansion

On 4 June 2025, President Donald Trump imposed sweeping entry restrictions on nationals from 12 countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. The proclamation made clear that “these restrictions distinguish between, but apply to both, the entry of immigrants and non-immigrants”; including those traveling on visitor visas for business and tourism, precisely the category under which World Cup fans would enter the United States.

The President invoked his Executive Order of 20 January 2025, which declared it “the policy of the United States to protect its citizens from aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes.”[1] Alongside these complete bans, he imposed partial restrictions on seven additional countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

The restrictions expanded drastically on 16 December 2025. Five more nations joined the fully banned list; Burkina Faso, Mali, Niger, South Sudan, and Syria along with individuals holding Palestinian Authority-issued travel documents. Laos and Sierra Leone were upgraded from partial to full bans. Most significantly, 15 countries were added to the partial restriction category: Angola, Antigua and Barbuda, Benin, Côte d'Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.

By December 2025, the travel restrictions encompassed 39 countries plus Palestinian Authority passport holders; a staggering expansion of barriers to entry for what is supposed to be a celebration of global unity. 


One Billion People Locked Out

The scale of exclusion is breathtaking. According to the latest population data, the fully banned countries represent 479.3 million people. The partially restricted nations account for another 537.6 million. Combined, over 1.017 billion people, more than one-eighth of the world’s population, face barriers to entering the World Cup’s primary host nation.

This mass exclusion stands in jarring contradiction to FIFA President Gianni Infantino’s repeated promises that 2026 would be “the greatest and most inclusive FIFA World Cup in history”; a World Cup  which is projected to have 6.5 million attendees in the host countries. The tournament expanded from 32 to 48 teams precisely to embrace more of the world. Yet as the field grew more diverse, the host country’s doors slammed shut.

Of the 42 nations already qualified for World Cup 2026, four face direct impact  from Trump’s restrictions. Iran and Haiti, home to 104.1 million people combined, are under full entry bans. Côte d'Ivoire and Senegal, representing 47.9 million people, face partial restrictions. Among the nations competing for the remaining six spots, Iraq (full ban) and DR Congo (partial restriction) could also qualify, potentially raising the total to six affected teams.

The geographic reality compounds the problem. Of the tournament’s 104 matches, the United States will host 78, while Mexico and Canada together host only 26. For fans from banned or restricted countries, only the handful of matches in Toronto, Vancouver, Mexico City, Guadalajara, and Monterrey remain accessible. The vast majority of the World Cup, including likely knockout rounds in American cities, will be beyond their reach.

The ban carves out exemptions for athletes, coaches, and support staff  competing in “major” events like the World Cup and the 2028 Olympics. But fans, athletes’ families, and journalists receive no such consideration. Iranian supporters, who brought 20,000 passionate voices to Qatar 2022, now face a dream deferred. Haiti’s vibrant fan base, a joyful presence at the 2023 Women’s World Cup, finds itself similarly sidelined. The policy creates a two-tier system: the teams can play, but their people cannot watch.


FIFA’s Hollow Response

In a carefully choreographed White House meeting attended by President Donald Trump and FIFA President Gianni Infantino, the U.S. Department of State unveiled the FIFA Priority Appointment Scheduling System, dubbed "FIFA PASS", for World Cup 2026 ticket holders attending matches in the United States. The service promises every fan who purchases a ticket the opportunity to obtain a prioritized visa interview.

Yet this solution is nothing more than window dressing. While expedited interviews may help fans from unrestricted countries navigate bureaucracy more smoothly, it remains fundamentally unclear, and deliberately unaddressed, how the system would function for passport holders from the 39 banned or restricted nations. A faster path to rejection is no path at all.

Contrast FIFA’s tepid response with the International Olympic Committee’s principled stand when faced with a comparable situation (not identical). When Indonesia denied visas to Israeli athletes and officials for the 53rd FIG Artistic Gymnastics World Championships in October 2025, the IOC responded with immediate, forceful condemnation. The organization expressed “great concern” and “regret,” emphasizing that “all eligible athletes, teams and sports officials must be able to participate in international sports competitions and events without any form of discrimination from the host country, in accordance with the Olympic Charter and the fundamental principles of non-discrimination, autonomy and political neutrality.”[2] The message was unambiguous: violate the principles of inclusive access for athletes and support staff, and you forfeit the privilege of hosting.

The comparison to Indonesia is instructive not because the violations are identical-they are not- but because both cases involve host nations imposing discriminatory entry barriers that undermine the inclusive, global nature of international sporting competitions. Indonesia’s complete ban on Israeli participants was more severe in scope; America’s ban affects fans and journalists rather than athletes. Yet both violate the same fundamental principle: that major sporting events should be accessible to all eligible participants and their supporters without discrimination based on nationality.

The IOC treated Indonesia’s violation as a serious breach of Olympic principles requiring immediate consequences. FIFA, by contrast, has treated the U.S. ban as a non-issue warranting no public comment, let alone corrective action. The different responses reveal not different principles, but different calculations about which hosts can be challenged and which cannot.


A Friendship More Valuable Than Principles

FIFA’s paralysis becomes comprehensible when viewed through the lens of Gianni Infantino’s relationship with Donald Trump. Since assuming the FIFA presidency in February 2016, Infantino has cultivated an unusually close bond with the American leader. He has been a frequent White House visitor throughout Trump’s presidencies, their meetings marked by mutual praise and conspicuous displays of camaraderie.

Independent human rights organizations have repeatedly accused Infantino of violating FIFA’s duty of political neutrality. The most egregious example came in December 2025, when FIFA awarded its inaugural Peace Prize to Trump, a sitting political leader presiding over the very policies that exclude a billion people from accessing the World Cup. According to media reports, the FIFA Council was not even consulted on this decision, suggesting it was Infantino’s personal initiative.

Human Rights Watch captured the absurdity with biting clarity: “FIFA’s so-called peace prize is being awarded against a backdrop of violent detentions of immigrants, national guard deployments in U.S. cities, and the obsequious cancellation of FIFA’s own.” anti-racism and anti-discrimination campaigns

That last point deserves emphasis. At the Club World Cup held in the United States in summer 2025, FIFA conspicuously dropped its anti-racism messaging, the very campaigns it had championed at Qatar 2022, where it backed “no discrimination” armbands and introduced enhanced disciplinary codes “to fight racism more efficiently and decisively.” The sudden abandonment of these principles on American soil suggests a troubling calculation: FIFA’s values are negotiable depending on the host’s political sensitivities.

Most damning of all, this close relationship has produced no tangible benefits for the fans Trump’s policies exclude. Both Iran and Haiti, the two fully banned qualified teams, will play all their group stage matches in U.S. cities, not in Canada or Mexico. If Infantino’s friendship with Trump held any real value for the sport, surely it would manifest in exemptions for fans whose teams earned their place on the pitch. Instead, the friendship appears entirely one-directional: FIFA accommodates Trump’s preferences while receiving nothing in return for football’s global community.

The uncomfortable truth is that Infantino seems unwilling to risk his personal relationship with Trump by publicly criticizing policies that fundamentally contradict FIFA’s stated mission. In this calculation, diplomatic access to the White House trumps the organization’s commitment to inclusion, non-discrimination, and the unifying power of football.


Violating FIFA’s Own Statutes

The travel ban does not merely contradict FIFA’s rhetoric; it directly violates the organization’s foundational legal documents. Article 3 of the FIFA Statutes declares: “FIFA is committed to respecting all internationally recognised human rights and shall strive to promote the protection of these rights.” The commitment is absolute, not conditional on political convenience.

Article 4 goes further, stating that “discrimination of any kind against a country, private person or group of people on account of race, skin colour, language, religion, politics, national or social origin, property, birth or any other status is strictly prohibited and punishable by suspension or expulsion.” As pointed out by the HRW, the language could hardly be clearer: discrimination based on national origin is not just discouraged, it is grounds for the most severe penalties FIFA can impose.

Article 2a and 2g establishes FIFA’s fundamental objectives, including promoting football “in the light of its unifying, educational, cultural and humanitarian values” and preventing “all methods or practices which might jeopardise the integrity of matches, competitions, players, officials and member associations”.[3] A World Cup where qualified teams’ players’ families, supporters, and journalists cannot attend matches, as they are not included in U.S. entry exemptions, fundamentally jeopardizes the competition’s integrity in several interconnected ways. Firstly, the absence of supporters and families strips matches of their cultural and emotional meaning, turning them into hollow simulations rather than genuine contests between nations. Secondly, banning some fans while allowing others creates unfair competitive imbalances unrelated to sporting merit. Thirdly, excluding journalists from affected countries undermines transparent coverage. Finally, excluding vast populations from attending erodes the tournament’s moral and symbolic legitimacy.

FIFA’s Human Rights Policy and the FIFA World Cup 2026 Human Rights Framework reinforce these commitments. The Framework explicitly commits all host cities to stage the tournament “guided by the United Nations Guiding Principles on Business and Human Rights” and in line with FIFA’s Human Rights Policy. As mentioned by the Human Rights Watch letter to FIFA, the current United States immigration policies “directly contradict FIFA’s stated values of human rights, inclusion and global participation.”

FIFA itself has stated that “its position on inclusivity and the protection of human rights is unequivocal, and clearly laid out in the FIFA Statutes.” The organization has historically enforced these standards on host nations. During the World Cup 2022, Qatar was subjected to sustained scrutiny and pressure[4] and FIFA ensured the host became fully aware of its responsibility to adhere “to FIFA’s human rights and non-discrimination, equality and neutrality statutes, and committed to do so.” Yet for the United States, a far larger market and a more powerful political entity, FIFA has issued no such reminders, made no such demands, extracted no such commitments.[5] The double standard is glaring. 


The Hypocrisy of Selective Enforcement

FIFA presents itself as a neutral guardian of football’s “fundamental principles,” committed to human rights, unity, and the integrity of the game. Yet its recent decisions reveal a far less principled reality. From the intense moral scrutiny imposed on smaller or geopolitically weaker host nations to the striking restraint shown toward powerful Western states, FIFA’s enforcement of its own standards appears deeply selective. This pattern raises a troubling question: are FIFA’s rules applied universally, or are they calibrated according to political influence, economic power, and market value?

FIFA presents itself as a neutral guardian of football’s “fundamental principles,” committed to human rights, unity, and the integrity of the game. Yet its recent decisions reveal a far less principled reality: a pattern of enforcement that scholars have characterized as operating through “modern human rights frameworks [that are] (largely) Western-led and controlled.”[6] From the intense moral scrutiny imposed on smaller or geopolitically weaker host nations to the striking restraint shown toward powerful Western states, FIFA’s application of its own standards appears calibrated according to political influence rather than universal principles. The contrast between FIFA’s treatment of Qatar 2022 and the United States 2026 exemplifies this troubling inconsistency.

After awarding FIFA World Cup 2022 to Qatar, the Gulf state faced unprecedented international scrutiny. Human rights organizations, media outlets, and civil society groups subjected Qatar to relentless and enormous pressure, focusing on migrant labour conditions, with critics characterizing the kafala system as amounting to forced labour and accusing Qatar of being a slave state,[7] as well as LGBTQ+ rights and restrictions on alcohol consumption. While FIFA initially awarded Qatar the tournament in 2010 without imposing human rights conditions, years of sustained external pressure from the International Labour Organization, Human Rights Watch, Amnesty International, and other actors eventually prompted reforms. Qatar became the first Gulf nation to abolish the kafala system, introduce minimum wages, and permit limited trade union activity.[8]

However, such level of moral examination rarely applied to Western hosts. Much of this criticism was justified, but where is the equivalent systematic pressure on the United States, a nation with its own well-documented issues regarding migrant treatment, labour rights, and systemic discrimination, and recent immigration policies that exclude a billion people from accessing the tournament?

The answer is uncomfortable but obvious: the U.S. market is too valuable to jeopardize. American broadcasting rights, sponsorship revenues, and political influence make confrontation unthinkable for FIFA’s leadership. 

This selectivity extends beyond host nation oversight. When Russia invaded Ukraine in February 2022, FIFA condemnedthe use of force by Russia and any type of violence that same day. Four days later, on 28 February 2022, FIFA and UEFA jointly suspended Russian teams from all competitions. Notably, FIFA framed its justification narrowly, citing force majeure and competition integrity[9] rather than human rights violations or illegal war. The response demonstrated that FIFA possesses the will and the mechanisms to act decisively when a geopolitical crisis threatens football’s integrity and continuity.

No similar urgency has materialized regarding U.S. entry restrictions that exclude fans from qualified and non-qualified teams, despite the direct contradiction with FIFA’s statutory commitments. The inconsistency suggests that FIFA’s enforcement of its principles depends less on their violation than on the violator’s geopolitical influence.

When European football associations and UN experts called for action against Israel over its conduct in Gaza and treatment of Palestinian football, FIFA appealed to vague notions of “unity” and avoided substantive measures: “FIFA cannot solve geopolitical problems.”  In September 2025, the Trump administration, through its Secretary of State intervened directly to prevent Israel’s suspension, with a spokesperson declaring: We will absolutely work “to fully stop any effort to attempt to ban Israel’s national soccer team from the World Cup.”

The message is unmistakable: FIFA’s “fundamental principles” are enforced selectively, calibrated to the political power and market value of the nations involved. Russia can be excluded swiftly; the United States cannot be challenged at all. Smaller nations face stringent human rights requirements; powerful Western states receive diplomatic silence even when their policies directly contradict FIFA’s own statutes.

This pattern raises a fundamental question: is FIFA an independent governing body committed to universal principles, or does it operate within, and defer to, the framework of Western political and economic power? The answer increasingly appears to be the latter.


A Call to Action

This situation demands a response; from FIFA, from fans, and from the global football community. But these responses must take different forms, leveraging different sources of power and accountability. 

  • FIFA’s Institutional Obligations

FIFA must break its silence. The Statutes are not suggestions; they are binding commitments with enforcement mechanisms. FIFA must publicly demand that the United States provide exemptions for World Cup fans especially from all qualified nations, regardless of broader immigration policies. This is defending the integrity of FIFA’s own tournament and honouring commitments made when awarding hosting rights.

The goal is not perfect equality of access; economic disparities will always mean that wealthier fans travel more easily than those with fewer resources. What FIFA must ensure is equality in principle: that fans holding legitimate tickets face no discriminatory barriers based solely on their nationality.

If the United States refuses to provide such exemptions, FIFA must be prepared to impose consequences. At least FIFA could relocate affected teams’ matches to Canadian or Mexican venues, ensuring their supporters can attend. It could reduce the number of matches hosted by U.S. cities that fail to guarantee fan access. At minimum, it must publicly document the violation of hosting commitments and ensure this factors into future hosting decisions.

FIFA must also address a fundamental question for its governance framework: Should nations be awarded hosting rights if their immigration policies preclude the inclusive, non-discriminatory access that FIFA’s own statutes require? The organization needs clear, enforceable criteria that apply equally to all candidates, regardless of their geopolitical power or market value. The current situation demonstrates the dangers of awarding tournaments without such safeguards.

National federations, particularly those from affected countries, should formally petition FIFA to address this access crisis through official channels. Player unions can lend their institutional weight to these demands. Media coverage must continue highlighting the contradiction between FIFA’s rhetoric and its complicity through silence. These institutional pressures, channelled through formal FIFA structures, represent the proper mechanisms for holding the organization accountable to its own rules.

  • Beyond Institutions: A Fan-Led Protest

Yet even as we demand that FIFA fulfil its obligations, we cannot wait passively for institutional action that may never come. Fans themselves possess a powerful tool: visibility.

When Iran, Haiti, Côte d'Ivoire, or Senegal takes the field in American stadiums, supporters of their opponents, and also neutrals who cherish football’s unifying spirit, should leave sections of seats conspicuously empty in solidarity. These vacant seats, broadcast to millions worldwide, would create an undeniable visual reminder of who is missing and why.

This is not a call for general boycott of the tournament, which would harm the very teams whose fans are excluded. Rather, it is a targeted, symbolic action: empty sections during specific matches as visible protest. Supporters’ groups could coordinate which sections to leave vacant, creating clear visual patterns that television cameras cannot ignore. Social media campaigns could explain the protest to global audiences, connecting the empty seats directly to the billion people locked out. It would demonstrate that football’s community rejects discrimination even when football’s governors tolerate it.

  • The Soul of the Game

The beautiful game has always transcended borders and brought together people whom politics seeks to divide. That is its soul, its magic, its moral authority.[10] By allowing Trump’s travel ban to stand unchallenged, FIFA acts in direct contradiction to the values it claims to uphold.

The question is whether those who truly love the game, players, fans, federations, will accept this silence, or whether they will demand that FIFA honour its own principles through every avenue available: formal institutional pressure and visible, grassroots action.

FIFA must use its leverage to ensure equal access in principle. Fans, in turn, must use both their presence and their strategic absence to demand accountability when FIFA fails to act.

The world is watching. The seats are waiting. What will we choose?


[1] Executive Order 14161 “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats”, 20 January 2025. Available at https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-united-states-from-foreign-terrorists-and-othernational-security-and-public-safety-threats/

 

[2] More importantly, IOC backed its words with action. Its Executive Board ended all dialogue with Indonesia’s National Olympic Committee regarding hosting future events and recommended that International Federations avoid holding competitions or meetings in the country until adequate guarantees were provided.

[3] FIFA Statutes (Edition August 2024), Articles 2a and 2g.

[4] “The many critiques of Qatar were mobilizing a range of rights-claims based in international treaties or conventions… . Simultaneously, similar claims were being advanced against FIFA for failing to abide by its responsibility to respect human rights. Ultimately, this advocacy and public pressure triggered legislative and policy changes in Qatar and at FIFA.” Antoine Duval & Daniela Heerdt, How the FIFA World Cup 2022 Changed Qatar: Playing the Game of Transnational Law on a Global Pitch, 24 German Law Journal 1677 (2023).

[5] “This contrast underscores how FIFA’s claim to neutrality in human rights matters is not a principled stance but a strategically deployed position that aligns with its broader governance model. When financial interests are involved, FIFA does not hesitate to intervene, demonstrating that it possesses the capacity and institutional mechanisms to enforce binding regulations when deemed necessary. Yet, when it comes to human rights, FIFA’s commitments often remain aspirational, non-binding, or selectively enforced.” Pedro José Jaén, Angeliki Bistaraki & Mathias Schubert, The Universal Game? Deconstructing FIFA’s Human Rights Discourse, The International Sports Law Journal (2025).

[6] Shubham Jain, Resistance and Reform as Responses to Human Rights Criticism: Relativism at FIFA World Cup Qatar 2022, 24 Ger. Law J. 1691, 1701 (2023).

[7] “Qatar’s migrant workers were literally put on the world’s agenda overnight. The number of publications mentioning Qatar and“migrant workers” issued by the four organizations shows, first, that Qatar’s migrant workers were of very marginal interest to them before 2010 and, second, that their reporting or advocacy on the issue picked up quickly after the attribution of the FIFA World Cup 2022.” Antoine Duval, Spectacular International Labor Law: Ambush Counter-Marketing In the Spotlight of Qatar’s 2022 FIFA World Cup, 24 German Law Journal 1712 (2023). 

[8] Jain, supra note 6 at 1696.

[9] The bureau pointed out that the participation of the Russian teams in these competitions posed potential disruptions due to the refusals of other national associations to play against them, security concerns, and overall uncertainty related to the conflict. See CAS 25 November 2022, 2022/A/8708 (Football Union of Russia v. Fédération Internationale de Football Association et al). 

*The legal justifications advanced by both FIFA and UEFA for the suspension of Russian teams “did not link the suspensions to the illegality of Russia’s war or the human rights violations committed by Russia’s armed forces.” A. Duval, FIFA and UEFA’s Reaction to Russia’s Invasion of Ukraine: How the Neutrality of Sport Survived the War, 3 Voetbal- & Sportjuridische Zaken (2023).

 

[10] David Goldblatt, The Ball Is Round: A Global History of Football 21–22 (2006).

Last Call - ISLJ Conference 2025 - Twenty years of the World Anti-Doping Code in action - Asser Institute - 6-7 November

Dear readers,

You can still join us (in-person or virtually) on Thursday 6 November and Friday 7 November for the 2025 International Sports Law Journal (ISLJ) Conference at the Asser Institute in The Hague. This year's edition of the ISLJ conference will focus on assessing the first 20 years (2004-2024) of operation of the World Anti-Doping Code (WADC) since its entry into force in 2004. It will also discuss its future prospects, in light of the new version of the Code due to be adopted at the Busan Conference in December 2025, and the 10th Conference of the Parties to the International Convention against Doping in Sport, to be held in Paris from 20 to 22 October 2025.

The aim of the ISLJ conference is to take a comprehensive stock of the operation of the private-public transnational regulatory regime which emerged in the wake of the WADC. This regime is structured around a complex network of national and global institutions engaged in anti-doping work (WADA, NADAs, IFs, accredited laboratories) and guided by an equally complex assemblage of norms located at the global (WADC and the WADA Standards), international (UNESCO Convention against Doping in Sport), regional (Council of Europe Anti-Doping Convention), and national (various national anti-doping legislation) level. This makes for a fascinating and convoluted transnational legal construct in need of being studied, analysed and criticised by scholars. 

The conference will start with an opening speech delivered by Travis Tyggart, the CEO of USADA, who is a prominent anti-doping executive, but also a critical observer of the current operation of the world anti-doping system. It will be followed by a range of panels touching on the governance of the World anti-doping regime, the role of national institutions in its operation, the due process rights of athletes in anti-doping proceedings, the boundaries of athlete responsibility in doping cases, the main legal pillars (such as strict liability) underpinning of the WADC, and the enforcement of the WADC.


You will find the latest programme of the conference HERE


You can still register for in-person or online participation HERE


Reflecting on Athletes' Rights on the Road to the Olympic Games: The Unfortunate Story of Nayoka Clunis - By Saverio Paolo Spera and Jacques Blondin

Editor's note: Saverio Paolo Spera is an Italian qualified attorney-at-law. He holds an LL.M. in international business law from King’s College London. He is the co-founder of SP.IN Law, a Zurich based international sports law firm. Jacques Blondin is an Italian qualified attorney, who held different roles at FIFA, including Head of FIFA TMS and Head of FIFA Regulatory Enforcement. He is the co-founder of SP.IN Law. The Authors wish to disclaim that they have represented Ms. Nayoka Clunis before the Court of Arbitration for Sport in Lausanne in the context of the proceedings which led to the Award of 31 July 2024.

 

  

Every four years since more than a century,[1] a spectacular display of sportsmanship takes place over the course of a few weeks during the summer: the Olympic Games.[2]

         For thousands of athletes around the globe, the Olympic Games are “the pinnacle of success and the ultimate goal of athletic competition”.[3] In their quest to compete in the most important stage of their sport, they endure demanding and time-consuming efforts (often including considerable financial sacrifices). These endeavours occasionally lead to everlasting glory (the exploits of athletes of the calibre of Carl Lewis, or more recently, Usain Bolt[4] still resonate among sports’ observers), more often to a shorter gratification. Whether their gestures end up going down the sport’s history books or last the span of a few competitions, athletes are always the key actors of a magnificent event that continues to feed the imagination of generations of sports fans. 

And yet, situations may occur when athletes find themselves at the mercy of their respective federations in the selection process for the Olympic Games and, should the federations fail them (for whatever reason), face an insurmountable jurisdictional obstacle to have their voice heard by the only arbitral tribunal appointed to safeguard their rights in a swift and specialised manner: the Court of Arbitration for Sport (the “CAS”).[5]

This is the story of Nayoka Clunis, a Jamaican world class hammer throw athlete who had qualified for the Olympic Games of Paris 2024 and yet, due to no fault of her own, could not participate in the pinnacle of competitions in her sport. Though eligible in light of her world ranking, she was failed by her own federation[6] [AD1] [SPS2] and ultimately found herself in the unfortunate – but legally unescapable – vacuum whereby neither the CAS Ad Hoc Division in Paris nor the ‘regular’ CAS division in Lausanne had jurisdiction to entertain her claim.  

The aim of this paper is not to discuss whether Ms. Clunis would have had a chance to successfully prove her claims and compete in Paris had her case been heard on the merits, nor to debate about the appropriateness of a national federation’s selection process (also because Ms. Clunis never challenged it, having been eligible ‘from day one’).[7] Retracing the story of a sportswoman’s dramatic misfortune, this paper aims at providing an opportunity to reflect on how effective the safeguard of athletes’ rights in the context of the Olympic Games actually is. More...

Call for contributions - Sporting Succession in Selected Jurisdictions - Edited by Jacob Kornbeck and Laura Donnellan - Deadline 1 October 2025

  

Expressions of interest are invited from colleagues who would like to contribute to an edited book on Sporting Succession in Selected Jurisdictions. Interested colleagues are invited to send their abstracts jointly to laura.donnellan@ul.ie and klausjacob.kornbeck@gmail.com. If you are unsure about how your research would fit in, please feel free to reach out to us via email before writing your abstract. Abstracts received will be included into a book proposal to be submitted to a major English-speaking publisher. Colleagues will be notified by us once we have received the reaction of the publisher, at which point we shall decide about further steps to be taken in the process. 

 

The book will be edited by Jacob Kornbeck, BSc, MA, LLM, PhD, DrPhil, Programme Manager in the European Commission (but acting strictly in a private capacity) and external lecturer at the University of Lille, inter alia, and Laura Donnellan, LLB, LLM, PhD, Associate Professor in the School of Law, University of Limerick.

 

The following incorporates the most salient ideas from a presentation made by Jacob Kornbeck at the Sport&EU Conference in Angers (June 2023). 

 

The concept of sporting succession permits making claims against sporting entities which can be considered as sporting successors to previously existing sporting entities, even where the previous entities have been wound up and have been dissolved under normal bankruptcy and succession rules. No fault is required for sporting succession to be invoked and considered, and the concept may even apply in certain cases where the previous entity has not even been dissolved legally (CAS 2023/A/9809 Karpaty FC v. FIFA, Cristóbal Márquez Crespo & FC Karpaty Halych. 18 July 2024). While the implementation of the relevant FIFA rules by national FAs has been documented comprehensively in a recent edited book (Cambreleng Contreras, Samarath & Vandellós Alamilla (eds), Sporting Succession in Football. Salerno, SLPC, 2022), no known book or article addresses the overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession and the public law or successions, etc. 

 

Provisions on sporting succession were first inserted into the FIFA Disciplinary Code 2019 with the effect that, whenever a sporting entity declares bankruptcy or is otherwise wound up, the notion of sporting succession applies to its unpaid financial liabilities and may be imputed to a so-called sporting successor, even if that successor is an entity legally distinct, according to the usual rules under public law, from the previous entity. Article 14 of the FIFA Disciplinary Code 2023 governs ‘failure to respect decisions,’ understood as failure to ‘pay another person (such as a player, a coach or a club) or FIFA a sum of money in full or part, even though instructed to do so by a body, a committee, a subsidiary or an instance of FIFA or a CAS decision (financial decision), or anyone who fails to comply with another final decision (non-financial decision) passed by a body, a committee, a subsidiary or an instance of FIFA, or by CAS.’ Article 21(4) extends the scope of the provision to the ‘sporting successor of a non-compliant party’ who ‘shall also be considered a non-compliant party and thus subject to the obligations under this provision. Criteria to assess whether an entity is to be considered as the sporting successor of another entity are, among others, its headquarters, name, legal form, team colours, players, shareholders or stakeholders or ownership and the category of competition concerned.’ Further provision is made in Article 21(7). In practice, this means that a club which carries on the legacy on a previous club, drawing on its cultural capital, fan base, etc., may be liable to paid unpaid debts of that previous club. These arrangements seem unusual prima facie.

 

Organs of FIFA have power to enforce these rules and to hear appeals against such decisions, while their decisions may be appealed to the Court of Arbitration for Sport (CAS) and/or to the Swiss judiciary (see Victor Piţurcă v Romanian Football Federation & U Craiova 1948 SA (CAS 2021/A/8331) (2023) as well as well as the rulings of the Federal Tribunal in the cases Youness Bengelloun (2022) and Júlio César da Silva et Souza (2022) based on Article 190 LDIP (Federal Act on Private International Law). 

 

While the concept of sporting succession offers a striking example of a provision for specificity enshrined in a sporting regulation and applied within the sports community, its pertinence under public law remains largely unaccounted for. With the (apparent) exception of one Swiss PhD thesis (Derungs, 2022), the issues which it raises seem so far to have failed to trigger the scholarship which they might deserve, especially in a comparative legal research perspective. The aim of the envisaged edited book is to explore the issue in a comparative perspective, not only across jurisdictions but also across different branches of the law. We hope in particular to receive abstracts on the following:


  • Examples from the most representative European (and possibly extra-European) countries of overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession and the public law or successions, etc. Ideally, the book should include chapters from and about the biggest European countries which are most relevant to the football industry while, at the same time, it would seem crucial that the most important legal traditions (French and German civil law, common law, Nordic law) should be represented. 
  • Perspectives of players and other stakeholders.
  • Examples from other sports than football, if appropriate.
  • Examples of overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession and other branches of lex sportiva, if applicable.
  • Examples of overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession, on the one hand, and new developments in sports such as AI and esports, on the other.
  • If we have overlooked a meaningful nuance, please feel free to flag this in your submission and make corresponding proposals to us. 

Please send us your abstracts jointly to laura.donnellan@ul.ie and klausjacob.kornbeck@gmail.com no later than 1 October 2025. 

Call for Papers - Long-term contracts in sport: The private foundations of sports law and governance - University of Inland Norway - Deadline 15 June

The University of Inland Norway and the Asser International Sports Law Centre invite the submission of abstracts for a workshop in Lillehammer on 4 and 5 December exploring the role of long-term contracts in sport and their characteristics through a variety of theoretical and methodological lenses.

Contracts play a crucial role in the world of sport, particularly long-term contracts. Contractual agreements form the foundation of transnational sports governance, SGBs are all formally the product of a specific time of contract (be it in the form of an association or corporation) often justifying the autonomy of sport and its private governance at a (more or less far) distance from the state.

Moreover, contracts establish long-term commitments between the parties involved, raising a variety of questions regarding the asymmetry in their positions, the scope of party autonomy, contractual mechanisms for addressing uncertainty, and their interaction with domestic and international mandatory regulations, among others. In short, it is impossible to fully understand the operation and limitations of transnational sports law and governance without investigating the many ways in which it is embedded in long-term contracts ruled by a variety of contract laws.

This workshop proposes to explore the role of long-term contracts in sport and their characteristics through a variety of theoretical and methodological lenses.

We welcome proposals touching on the following issues/case studies:

  • The concept of time in sport and the definition of ‘long-term’ in sport-related contracts;
  • The function of long-term contracts in transnational sports governance;
  • The function of long-term contracts in the operation of private dispute resolution mechanisms (CAS, BAT, FIFA DRC);
  • The transactional nature of long-term contracts in sport;
  • The relational nature of long-term contracts in sport;
  • The conflict between private autonomy and long-term contracts in sport;
  • The intersection between private and public in the operation of long-term contracts in sport;
  • Specific contractual arrangements, including:
    • Contracts of association and SGBs
    • Long-term (labour) contracts with athletes and coaches;
    • Contracts related to the organization of mega-sporting events, including host city contracts;
    • TV and media long-term contracts;
    • Sponsorship agreements;
    • and more.

Abstracts must be sent to Yuliya Chernykh (yuliya.chernykh@inn.no) by 15 June. 

New Training - Summer Programme on International sport and human rights - Online - 21-28 May

Since 2022, the T.M.C. Asser Instituut, in collaboration with the Centre for Sport and Human Rights, is organising the first yearly summer course on the intersection of sport and human rights. This 4th edition brings together scholars specialised in the intersection between sport and human rights with professionals working in international sport to ensure respect for human rights. We will explore contemporary human rights challenges in sports, such as the protections of human rights at mega-sporting events, access to remedy in human rights cases within the world of sport, the intersection between human rights and gender rights in international sporting competitions, and many more. 


The programme is designed to provide both deep background knowledge and actionnable insights, which will be relevant to a range of participants committed to defending human rights in international sport, including students, junior researchers, representatives of CSOs, sporting organisations, and athletes. It is structured around half days taking place online meant to accommodate as many participants as possible throughout the world. 


Check out the latest draft programme below and register HERE


Call for Papers - 20 Years of the World Anti-Doping Code in Action - ISLJ Conference 2025 - 6 & 7 November 2025


 


Call for papers

20 years of the World Anti-Doping Code in Action

International Sports Law Journal Conference 2025

Asser Institute, The Hague

6 and 7 November 2025

 

The Editors of the International Sports Law Journal (ISLJ), the Asser Institute and the Research Chair on Responsible Sport of the University of Sherbrooke invite you to submit abstracts for the ISLJ Conference on International Sports Law, which will take place on 6 and 7 November 2025 at the Asser Institute in The Hague. The ISLJ, published by Springer and T.M.C. Asser Press, is the leading academic publication in the field of international sports law and governance. The conference is a unique occasion to discuss the main legal issues affecting international sports with academics and practitioners from all around the world. 

 

The 2025 ISLJ Conference will focus on assessing the first 20 years (2004-2024) of operation of the World Anti-Doping Code (WADC) since its entry into force in 2004, while also discussing its future prospects, in light of the new version of the Code due to be adopted at the Busan Conference in December 2025 and the 10th Conference of the Parties to the International Convention against Doping in Sport, to be held in Paris from 20 to 22 October. The aim of the conference will be to take a comprehensive stock of the operation of the private-public transnational regulatory regime which emerged in the wake of the WADC.  This regime is structured around a complex network of national and global institutions engaged in anti-doping work (WADA, NADAs, IFs, accredited laboratories) and guided by an equally complex assemblage of norms located at the global (WADC and the WADA Standards), international (UNESCO Convention against Doping in Sport), regional (Council of Europe Anti-Doping Convention), and national (various national anti-doping legislations) level. This makes for a fascinating and convoluted transnational legal construct in need of being studied, analysed and criticised by scholars. 

 

Reviewing 20 years of implementation of the WADC warrants a special edition of the ISLJ Conference and of the journal, which invites scholars of all disciplines to reflect on the many questions and issues linked with it. We welcome proposals touching on the following subjects (and more): 

  • The governance of the world anti-doping regime
    • The public-private nature of this governance
    • The transparency of this governance
    • The legitimacy of this governance
    • The participatory nature of this governance
    • The role of scientific experts in this governance
  •  The normative content of the WADC and the international standards
    • The strict liability principle 
    • The privacy rights of athletes under the WADC
    • The sanctioning policy under the WADC
    • The role of the international standards in implementing the WADC
    • The compatibility of the WADC with human rights
  • The glocal implementation of the WADC
    • The role of local institutions (NADOs/Labs/NOCs) in the implementation of the WADC
    • The tension between global (WADA) and local (NADOs/Labs/NOCs) in the implementation of the WADC
    • The role of the IFs in the implementation of the WADC
    • The role of the ITA in the implementation of the WADC
    • The role of judicial bodies (national courts, disciplinary committees of IFs, CAS) and their jurisprudence in the implementation of the WADC 
  • The effectiveness of the world anti-doping regime
    • The evaluation and evolution of the effectiveness of the world anti-doping regime in preventing doping
    • The role of the media in unveiling the ineffectiveness of the world anti-doping regime
    • The role of states in hindering the effectiveness of the world anti-doping regime
    • The world anti-doping regime as a regime with a variable geometry of effectiveness
  •  The future of the world anti-doping regime: Revolution, reform or more of the same?
    • Do we need a world anti-doping regime? 
    • If we do, should it be reformed? How? 


Abstracts of 300 words and CVs should be sent no later than 1 June 2025 to a.duval@asser.nl. Selected speakers will be informed by 30 June 2025. The selected participants will be expected to submit a draft paper by 15 October 2025. Papers accepted and presented at the conference are eligible for publication in a special issue of the ISLJ subject to peer-review. The Asser Institute will provide a limited amount of travel and accommodation grants (max. 350€) to early career researchers (doctoral and post-doctoral) in need of financial support. If you wish to be considered for a grant, please indicate it in your submission.  


Zoom-In Webinar - The Aftermath of the Diarra Judgement: Towards a New FIFA Transfer System? - 20 November - 16:00-18:00 CET

On 4 October, the Court of Justice of the European Union shook the world of football with its Diarra ruling. The decision questions the compatibility of a key provision of the FIFA Regulations on the Status and Transfer of Players (RSTP) with European Union internal market law. The RSTP, and in particular its article 17, are the bedrock of football’s transfer ‘market’ and regulate the conditions for the transnational movement of players between clubs. In 2023, based on FIFA’s numbers, 21 801 players were transferred internationally (of which 3279 with a fee) for transfer fees amounting to USD 9.63 bn. In short, this is a market that affects a considerable number of players and is linked with the movement of large sums of money between clubs and other actors (such as intermediaries).

Register HERE

Join us on 20 November from 16:00 to 18:00 CET to take stock of the ruling's impact and discuss the steps ahead in a free Zoom-In webinar in which there will be time for a Q&A session with the speakers. The ruling has already been much commented on (see hereherehere, and here), and this zoom-in webinar will be an opportunity for participants to engage with two experts on the economic and legal intricacies of the regulation of labour relations in football. We will mostly focus on the aftermath of the judgment and the question, 'what comes next?'

Moderator: Marjolaine Viret (Université de Lausanne)

Speakers: 


Register HERE

Free Webinar - The impact of the Diarra case on the football transfer system - 18 October 2024 - 15:00 CET

The Court of Justice of the European Union has recently handed down its judgement in the Lassana Diarra case (C-650/22 FIFA v. BZ).

Given the importance of this case to the sports industry, LawInSport, the Asser Instituut and the Association for the Study of Sport and the EU (Sport & EU) are hosting a joint webinar to bring together experts to unpack and provide clarity on the complex legal, regulatory & commercial issues stemming from this case. This free webinar will be hosted from 14:00 UK time (15:00 CET) on 18 October 2024.


Register HERE 


Speakers

Our expert speakers come from academia, law and sport. Our confirmed speakers are:


Register HERE