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

New Event! The Court of Arbitration for Sport at the European Court of Human Rights - Prof. Helen Keller - 26 May - 16:00

On Wednesday 26 May 2021 from 16.00-17.00 CET, the Asser International Sports Law Centre, in collaboration with Dr Marjolaine Viret (University of Lausanne), is organising its fifth Zoom In webinar on the Court of Arbitration for Sport (CAS) from the perspective of the European Court of Human Rights (ECtHR).

We have the pleasure to be joined by Prof. Helen Keller, former Judge at the ECtHR and a prominent dissenter to the majority’s ruling in the Mutu and Pechstein case.

The ECtHR decision in the Mutu and Pechstein case rendered on 2 October 2018 is widely seen as one of the most important European sports law rulings. It was also the first decision of the Strasbourg court dealing with a case in which the CAS had issued an award. The applicants, Adrian Mutu and Claudia Pechstein, were both challenging the compatibility of CAS proceedings with the procedural rights enshrined in Article 6(1) of the European Convention on Human Rights (ECHR). The court famously declined to conclude that the CAS lacked independence or impartiality, but did find that, insofar as Claudia Pechstein was concerned, she was forced to undergo CAS arbitration and, therefore, that CAS proceedings had to fully comply with the procedural rights guaranteed in the ECHR. In particular, the court held that the refusal by CAS to hold a public hearing, in spite of Claudia Pechstein’s express request, was contrary to Article 6(1) ECHR. Beyond this case, as highlighted by the recent decision of Caster Semenya to submit an application to the ECtHR, the decision opens the way for a more systematic intervention of the Strasbourg court in assessing the human rights compatibility of CAS awards and more broadly of the transnational sports regulations imposed by international sports governing bodies.

Prof. Helen Keller will discuss with us the implications of the ECtHR’s Mutu and Pechstein decision and the potential for future interventions by the court in the realm of the lex sportiva.

The webinar will take the form of an interview followed by a short Q&A open to the digital public. 

Please note the discussion will NOT be recorded and posted on our Youtube channel. 

Register HERE!


Never let a good fiasco go to waste: why and how the governance of European football should be reformed after the demise of the ‘SuperLeague’ - By Stephen Weatherill

Editor’s note: Stephen Weatherill is the Jacques Delors Professor of European Law at Oxford University. He also serves as Deputy Director for European Law in the Institute of European and Comparative Law, and is a Fellow of Somerville College. This blog appeared first on eulawanalysis.blogspot.com and is reproduced here with the agreement of the author. 

 


The crumbling of the ‘SuperLeague’ is a source of joy to many football fans, but the very fact that such an idea could be advanced reveals something troublingly weak about the internal governance of football in Europe – UEFA’s most of all – and about the inadequacies of legal regulation practised by the EU and/ or by states. This note explains why a SuperLeague is difficult to stop under the current pattern of legal regulation and why accordingly reform is required in order to defend the European model of sport with more muscularity. More...



New Digital Masterclass - Mastering the FIFA Transfer System - 29-30 April

The mercato, or transfer window, is for some the most exciting time in the life of a football fan. During this narrow period each summer and winter (for the Europeans), fantastic football teams are made or taken apart. What is less often known, or grasped is that behind the breaking news of the latest move to or from your favourite club lies a complex web of transnational rules, institutions and practices.

Our new intensive two-day Masterclass aims to provide a comprehensive understanding of the FIFA Regulations on the Status and Transfer of Players (RSTP) to a small group of dedicated legal professionals who have the ambition to advise football clubs, represent players or join football governing bodies. The course combines theoretical insights on FIFA’s regulation of the transfer market with practical know-how of the actual operation of the RSTP distilled by hands-on practitioners.

Download the full Programme and register HERE.


The Team:

  • Dr Antoine Duval is a senior researcher at the Asser Institute and the head of the Asser International Sports Law Centre. He has widely published and lectured on transnational sports law, sports arbitration and the interaction between EU law and sport. He is an avid football fan and football player and looks forward to walking you through the intricacies of the FIFA transfer system.

  • Carol Couse is a Partner in the sports team at Mills & Reeve LLP , with extensive in-house and in private practice experience of dealing with sports regulatory matters, whether contentious or non-contentious.  She has advised on many multi million pound international football transfer agreements, playing contracts and image rights agreements on behalf clubs, players and agents.
  • Jacques Blondin is an Italian lawyer, who joined FIFA inundefined 2015, working for the Disciplinary Department. In 2019, he was appointed Head of FIFA TMS (now called FIFA Regulatory Enforcement) where he is responsible, among other things, for ensuring compliance in international transfers within the FIFA Transfer Matching System.
  • Oskar van Maren joined FIFA as a Legal Counsel in December 2017, forming part of the Knowledge Management Hub, a department created in September 2020. Previously, he worked for FIFA’s Players' Status Department. Between April 2014 and March 2017, he worked as a Junior Researcher at the T.M.C. Asser Instituut. He holds an LL.M in European law from Leiden University (The Netherlands).
  • Rhys Lenarduzzi is currently a research intern at the Asser International Sports Law Centre, where he focuses in particular on the transnational regulation of football. Prior to this, he acquired over 5 years of experience as a sports agent and consultant, at times representing over 50 professional athletes around the world from various sports, though predominantly football.




(A)Political Games? Ubiquitous Nationalism and the IOC’s Hypocrisy

Editor’s note: Thomas Terraz is a L.LM. candidate in the European Law programme at Utrecht University and a former intern of the Asser International Sports Law Centre

 

1.     Sport Nationalism is Politics

Despite all efforts, the Olympic Games has been and will be immersed in politics. Attempts to shield the Games from social and political realities are almost sure to miss their mark and potentially risk being disproportionate. Moreover, history has laid bare the shortcomings of the attempts to create a sanitized and impenetrable bubble around the Games. The first blog of this series examined the idea of the Games as a sanitized space and dived into the history of political neutrality within the Olympic Movement to unravel the irony that while the IOC aims to keep the Olympic Games ‘clean’ of any politics within its ‘sacred enclosure’, the IOC and the Games itself are largely enveloped in politics. Politics seep into the cracks of this ‘sanitized’ space through: (1) public protests (and their suppression by authoritarian regimes hosting the Games), (2) athletes who use their public image to take a political stand, (3) the IOC who takes decisions on recognizing national Olympic Committees (NOCs) and awarding the Games to countries,[1] and (4) states that use the Games for geo-political posturing.[2] With this background in mind, the aim now is to illustrate the disparity between the IOC’s stance on political neutrality when it concerns athlete protest versus sport nationalism, which also is a form of politics.

As was mentioned in part one of this series, the very first explicit mention of politics in the Olympic Charter was in its 1946 version and aimed to combat ‘the nationalization of sports for political aims’ by preventing ‘a national exultation of success achieved rather than the realization of the common and harmonious objective which is the essential Olympic law’ (emphasis added). This sentiment was further echoed some years later by Avery Brundage (IOC President (1952-1972)) when he declared: ‘The Games are not, and must not become, a contest between nations, which would be entirely contrary to the spirit of the Olympic Movement and would surely lead to disaster’.[3] Regardless of this vision to prevent sport nationalism engulfing the Games and its codification in the Olympic Charter, the current reality paints quite a different picture. One simply has to look at the mass obsession with medal tables during the Olympic Games and its amplification not only by the media but even by members of the Olympic Movement.[4] This is further exacerbated when the achievements of athletes are used for domestic political gain[5] or when they are used to glorify a nation’s prowess on the global stage or to stir nationalism within a populace[6]. Sport nationalism is politics. Arguably, even the worship of national imagery during the Games from the opening ceremony to the medal ceremonies cannot be depoliticized.[7] In many ways, the IOC has turned a blind eye to the politics rooted in these expressions of sport nationalism and instead has focused its energy to sterilize its Olympic spaces and stifle political expression from athletes. One of the ways the IOC has ignored sport nationalism is through its tacit acceptance of medal tables although they are expressly banned by the Olympic Charter.

At this point, the rules restricting athletes’ political protest and those concerning sport nationalism, particularly in terms of medal tables, will be scrutinized in order to highlight the enforcement gap between the two. More...


“Sport Sex” before the European Court of Human Rights - Caster Semenya v. Switzerland - By Michele Krech

Editor's note: Michele Krech is a JSD Candidate and SSHRC Doctoral Fellow at NYU School of Law. She was retained as a consultant by counsel for Caster Semenya in the proceedings before the Court of Arbitration for Sport discussed above. She also contributed to two reports mentioned in this blog post: the Report of UN High Commissioner for Human Rights,  Intersection of race and gender discrimination in sport (June 2020); and the Human Rights Watch Report, “They’re Chasing Us Away from Sport”: Human Rights Violations in Sex Testing of Elite Women Athletes (December 2020).

This blog was first published by the Völkerrechtsblog and is republished here with authorization. Michele Krech will be joining our next Zoom In webinar on 31 March to discuss the next steps in the Caster Semenya case.



Sport is the field par excellence in which discrimination
against intersex people has been made most visible.

Commissioner for Human Rights, Council of Europe
Issue Paper: Human rights and intersex people (2015)


Olympic and world champion athlete Caster Semenya is asking the European Court of Human Rights (ECtHR) to make sure all women athletes are “allowed to run free, for once and for all”. Semenya brings her application against Switzerland, which has allowed a private sport association and a private sport court to decide – with only the most minimal appellate review by a national judicial authority – what it takes for women, legally and socially identified as such all their lives, to count as women in the context of athletics. I consider how Semenya’s application might bring human rights, sex, and sport into conversation in ways not yet seen in a judicial forum. More...







New Event - Zoom In - Caster Semenya v. International Association of Athletics Federations - 31 March - 16.00-17.30 CET

On Wednesday 31 March 2021 from 16.00-17.30 CET, the Asser International Sports Law Centre, in collaboration with Dr Marjolaine Viret (University of Lausanne), is organising its fourth Zoom In webinar on the recent developments arising from the decision of the Swiss Federal Tribunal (SFT) in the case Caster Semenya v. International Association of Athletics Federations (now World Athletics), delivered on 25 August 2020.


Background
The participation of athletes with biological sex differences to international competitions is one of the most controversial issues in transnational sports law. In particular, since 2019, Caster Semenya, an Olympic champion from South-Africa has been challenging the World Athletics eligibility rules for Athletes with Differences of Sex Development (DSD Regulation), which would currently bar her from accessing international competitions (such as the Tokyo Olympics) unless she accepts to undergo medical treatment aimed at reducing her testosterone levels. In April 2019, the Court of Arbitration for Sport rejected her challenge against the DSD Regulation in a lengthy award. In response, Caster Semenya and the South African Athletics Federation filed an application to set aside the award before the Swiss Federal Tribunal. In August 2020, the SFT released its decision rejecting Semenya’s challenge of the award (for an extensive commentary of the ruling see Marjolaine Viret’s article on the Asser International Sports Law Blog).

Recently, on 25 February 2021, Caster Semenya announced her decision to lodge an application at the European Court of Human Rights (ECtHR) against Switzerland on the basis of this judgment. In this context, we thought it important to organise a Zoom In webinar around the decision of the SFT and the pending case before the ECtHR. Indeed, should the ECtHR accept the case, it will be in a position to provide a definitive assessment of the human rights compatibility of the DSD Regulation. Moreover, this decision could have important consequences on the role played by human rights in the review of the private regulations and decisions of international sports governing bodies.


Speakers


Participation is free, register HERE.

New Video! Zoom In on World Anti-Doping Agency v. Russian Anti-Doping Agency - 25 February

Dear readers,

If you missed it (or wish to re-watch it), the video of our third Zoom In webinar from 25 February on the CAS award in the World Anti-Doping Agency v. Russian Anti-Doping Agency case is available on the YouTube channel of the Asser Institute:



Stay tuned and watch this space, the announcement for the next Zoom In webinar, which will take place on 31 March, is coming soon!

A Reflection on Recent Human Rights Efforts of National Football Associations - By Daniela Heerdt (Tilburg University)

Editor's Note: Daniela Heerdt is a PhD researcher at Tilburg Law School in the Netherlands. Her PhD research deals with the establishment of responsibility and accountability for adverse human rights impacts of mega-sporting events, with a focus on FIFA World Cups and Olympic Games. She published a number of articles on mega-sporting events and human rights, in the International Sports Law Journal, Tilburg Law Review, and the Netherlands Quarterly of Human Rights.

 

In the past couple of years, the Fédération Internationale de Football Association (FIFA) made remarkable steps towards embedding human rights into their practices and policies. These developments have been discussed at length and in detail in this blog and elsewhere, but a short overview at this point is necessary to set the scene. Arguably, most changes were sparked by John Ruggie’s report from 2016, in which he articulated a set of concrete recommendations for FIFA “on what it means for FIFA to embed respect for human rights across its global operations”, using the UN Guiding Principles on Business and Human Rights (UNGPs) as authoritative standard.[i] As a result, in May 2017, FIFA published a human rights policy, in which it commits to respecting human rights in accordance with the UNGPs, identifies its salient human rights risks, and acknowledges the potential adverse impacts it can have on human rights in general and human rights of people belonging to specific groups. In October 2017, it adopted new bidding regulations requiring bidders to develop a human rights strategy and conduct an independent human rights risk assessment as part of their bid. In March 2017, FIFA also created a Human Rights Advisory Board, which regularly evaluated FIFA’s human rights progress and made recommendations on how FIFA should address human rights issues linked to its activities. The mandate of the Advisory Board expired at the end of last year and the future of this body is unknown at this point.

While some of these steps can be directly connected to the recommendations in the Ruggie report, other recommendations have largely been ignored. One example of the latter and focus of this blog post is the issue of embedding human rights at the level of national football associations. It outlines recent steps taken by the German football association “Deutscher Fussball-Bund” (DFB) and the Dutch football association “Koninklijke Nederlandse Voetbalbond” (KNVB) in relation to human rights, and explores to what extent these steps can be regarded as proactive moves by those associations or rather spillover effects from FIFA’s human rights efforts. More...

New Event! Zoom In on World Anti-Doping Agency v. Russian Anti-Doping Agency - 25 February - 16:00-17:30 CET

On Thursday 25 February 2021 from 16.00-17.30 CET, the Asser International Sports Law Centre, in collaboration with Dr Marjolaine Viret (University of Lausanne), organizes a Zoom In webinar on the recent award of the Court of Arbitration for Sport (CAS) in the case World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA), delivered on 17 December 2020.


Background
In its 186 pages decision the CAS concluded that RUSADA was non-compliant with the World Anti-Doping Code (WADC) in connection with its failure to procure the delivery of the authentic LIMS data (Laboratory Information Management System) and underlying analytical data of the former Moscow Laboratory to WADA. However, the CAS panel did not endorse the entire range of measures sought by WADA to sanction this non-compliance. It also reduced the time frame of their application from four to two years. The award has been subjected to a lot of public attention and criticisms, and some have expressed the view that Russia benefited from a lenient treatment.   

This edition of our Zoom in webinars will focus on assessing the impact of the award on the world anti-doping system. More specifically, we will touch upon the decision’s effect on the capacity of WADA to police institutionalized doping systems put in place by certain states, the ruling’s regard for the rights of athletes (Russian or not), and its effect on the credibility of the world anti-doping system in the eyes of the general public.


To discuss the case with us, we are very happy to welcome the following speakers:


Participation is free, register HERE.

Asser International Sports Law Blog | International and European Sports Law – Monthly Report – June 2016. By Kester Mekenkamp

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

International and European Sports Law – Monthly Report – June 2016. By Kester Mekenkamp

Editor’s note: This report compiles all relevant news, events and materials on International and European Sports Law based on the daily coverage provided on our twitter feed @Sportslaw_asser. You are invited to complete this survey via the comments section below, feel free to add links to important cases, documents and articles we might have overlooked.   


The headlines

What a month June turned out to be. Waking up the morning after the 23rd, the results of the UK referendum on EU membership were final. The words of Mark Twain: “Apparently there is nothing that cannot happen today”, might provide the most apt description of the mood felt at the time.[1] The Leave campaign’s narrow victory has brought along tremendous economic, political and legal uncertainties for both the UK and the (other) Member States. To give but one example, with regard to the implications of Brexit on Europe’s most profiting football league, we recommend an older blog by Daniel Geey and Jonny Madill.

Perhaps just as shocking as the UK’s wish for secession, was the Bundesgerichtshof decision in the infamous Pechstein case. On 7 June the highest German civil court ruled in favour of the validity of forced CAS arbitration and the independence of the CAS, leaving Claudia Pechstein to cough up roughly EUR 300 000 in legal expenses. For a critical analysis of the decision see Antoine Duval’s blog.

Operación Puerto, deemed “one of the most infamous and obscure doping sagas in history”, saw a new chapter being added on 14 June. A Spanish special criminal appeal chamber held that the more than 200 blood bags of professional athletes (which had been stored since their confiscation in 2006) can be delivered to the Spanish Anti-Doping Agency (AEPSAD), WADA, the UCI and the Italian Olympic Committee (CONI). Oskar van Maren examined the case in a blog.

Last but not least, in June we witnessed the IAAF upholding its decision not to reinstate the Russian Athletics Federation (RusAF) for IAAF Membership. This means that Russian athletes will still not be allowed to compete in International Competitions under IAAF Rules including the European Championships and the Rio 2016 Olympic Games. A few days later, the 21th of June, the IOC endorsed IAAF’s position. Though it also potentially opened the door for Russian athletes to demonstrate that they are clean. The IAAF’s decision was appealed collectively by 61 Russian athletes to the CAS, and the final decision is due before the start of the Olympic Games in Rio. 


Case law

On June 3rd a temporary injunction was granted by the Landgericht München in the case between the International Basketball Federation (FIBA) and FIBA Europe versus several basketball clubs. The court ruled that FIBA may not prevent these clubs from participating in the so-called Euroleague competitions. The alleged abuse of a dominant position is addressed in a blog by Marine Montejo. Yet the injunction was annulled in a subsequent decision of the LG München.

Famous tennis star Maria Sharapova was found to have violated anti-doping rules for the use of the controversial ‘meldonium’. A specially appointed independent tribunal imposed a two-year ban, disqualifying her from professional tennis from 26 January 2016 to 25 January 2018 (see also this piece by James Segan). In reply, she appealed the decision to the CAS, which is due to decide the case in September. This will prevent her from participating at the Olympic Games in Rio.

A key player in our Unpacking Doyen’s TPO deals blogs, football club FC Twente, found itself in a rollercoaster of conflicting decisions during the end of season 2015/2016. On 18 May the licensing committee of the Dutch football federation (KNVB) issued a decision in which it relegated the club to the second (and lowest) professional league. It did so by creating a new ad hoc license for the second league, which did not exist before. Subsequently on 10 June, in summary proceedings before the district court, FC Twente’s request for provisional measures got rejected, and the relegation approved. Yet only a week later, the KNVB’s appeal committee overturned the licensing committee’s initial ruling. As a result FC Twente will stay in the highest professional league 


Official documents and Press releases

CAS – Statement on the decision made by the German Federal Tribunal in the case between Claudia Pechstein and the International Skating Union (ISU)

CAS – Maria Sharapova files an appeal at the Court of Arbitration for Sport, Tennis, Anti-doping

CAS – List upcoming hearings

CAS – KS Skenderbeu files an appeal at the Court of Arbitration for Sport, Football

CAS – The Appeal filed by Galatasaray SK is rejected by the Court of Arbitration for Sport

European Council - Council conclusions on enhancing integrity, transparency and good governance in major sport events

European Commission - Mapping and Analysis of the Specificity of Sport, A Final Report to the DG Education & Culture of the European Commission

FIBA - FIBA Europe welcomes Munich court decision to cancel temporary injunction

FIFA - Attorneys for FIFA provide update on internal investigation and details on compensation for former top officials

FIFA - Overview of Important Provisions contained in the Employment Contracts of Messrs. Blatter, Valcke and Kattner since 2007

FIFA - Circular no. 1542, Amendments to the Regulations on the Status and Transfer of Players

FIFA - Circular no. 1545, FIFA Forward Programme/2016 financial support - operational costs

IAAF – Ethics board statement 10 June 2016

IAAF - Response to Ethics Board statement

IAAF - Decision on Russia's participation in Rio Olympics

IAAF – IAAF Taskforce: Interim report to IAAF Council, 17 June 2016

IOC - Declaration of the Olympic Summit

ISU - Decision of the Bundesgerichtshof in the case of Ms. Claudia Pechstein

KNVB – Besluit licentiecommissie betaald voetbal 26 november 2015

WADA - International Standard for Laboratories (ISL)

WADA - WADA Update regarding Maria Sharapova Case

WADA - Acknowledges Madrid Court decision to provide access to "Operation Puerto" athlete blood bags

WADA - WADA Suspends the Accreditation of the Almaty Laboratory 


In the news

Athletics

Rebecca R. Ruiz, Juliet Macur and Ian Austen - Even With Confession of Cheating, World’s Doping Watchdog Did Nothing

Cycling

Stuart Clarke - Judge rules athletes implicated in Operation Puerto can be identified

Culture, Media and Sport Committee – Whistleblower Dan Stevens in front of the Committee

Football

Guardian - Football clubs in England’s top four tiers generated more than £4bn in 2014-15

Brian Homewood - No formal proceedings against FIFA chief Infantino says ethics committee

Mary Papenfuss - Auditor KPMG pulling out of Fifa because of 'lack of commitment' to reform

SBD - Barcelona Pleads Guilty To Fraud In Neymar Case, Agrees To Pay $6.2M Fine 

Olympics

Nick Butler - Exclusive: Clause at centre of European Championships contract row is "superseded"

James M. Dorsey - Kuwaiti Rulers Fight their Internal Battles on the Sports Field

Sam Morshead - 'It's like a badminton player playing tennis': Boxing comes under fire after voting for professionals to compete at Rio Olympics just 10 weeks before the Games

Dan Roan - Russia and Rio 2016: How the IOC is working up an Olympic compromise

SBS - Sailors take Olympic appeal bid to CAS

Pechstein case

Deutschlandfunk - "Sportler sollten Gerichtsbarkeit wählen können"

FAZ - Claudia Pechstein droht Schuldenberg

FIFPro - Despite decision, Pechstein must trigger reform

Johannes Herber - Urteil im Fall Pechstein, "Siegen oder sterben"

Swimming

Kor. Herald - Park Tae-hwan resumes arbitration proceedings against Olympic ban

David Leggat - Kane Radford, Charlotte Webby set to appeal Olympic snubs 


Academic materials

Dawn Aquilina and Angelo Chetcuti, The Aftermath of a Match-Fixing Case that Shook Two Nations: Insights into How Malta and Norway Are Seeking to Redeem Their Football

Bruce W. Bean, FIFA — The Reform Charade Continues

Richard Bunworth - Egg-shell skulls or institutional negligence? The liability of World Rugby for incidents of concussion suffered by professional players in England and Ireland

Antoine Duval, Getting to the games: the Olympic selection drama(s) at the court of arbitration for sport

Antoine Duval, Herman Ram, Marjolaine Viret, Emily Wisnosky, Howard L. Jacobs and Mike Morgan - The World Anti-Doping Code 2015: ASSER International Sports Law Blog symposium

Arnout Geeraert and Edith Drieskens, Theorising the EU and International Sport: The Principal-Agent Model and Beyond

Andrew C. Harmes, Forecheck, backcheck . . . paycheck? Employment status of the quasi-professional athlete: A case study of the CHL and the Major junior hockey player

Thomas Margoni, The Protection of Sports Events in the EU: Property, Intellectual Property, Unfair Competition and Special Forms of Protection

Despina Mavromati, The Legality of an Arbitration Agreement in Favour of CAS Under German Civil and Competition Law - The Pechstein Ruling of the German Federal Tribunal (BGH) of 7 June 2016

Karen Petry, The Beginnings and Development of European Sport Research at Universities: From Marginalisation to Fragmentation?

Ryan M. Rodenberg, Jeff Sackmann and Chris Groer - Tennis integrity: a sports law analytics review

Stephen Kirwan, Levelling the Playing Field? Remuneration Caps, EU Competition Law and Article 7(3) of the FIFA Regulations on Working With Intermediaries

Zachary Shapiro, Regulation, prohibition, and dantasy: The case of FanDuel, DraftKings, and Daily Fantasy Sports in New York and Massachusetts

Joshua D. Winneker, Philip Schultze and Sam C. Ehrlich, Lights, Camera, … Injury! The NBA Needs to Ban Courtside Cameramen 


Books

Michael Barry, James Skinner and Terry Engelberg, Research Handbook of Employment Relations in Sport

Antoine Duval, Ben Van Rompuy (Eds.), The Legacy of Bosman, Revisiting the Relationship Between EU Law and Sport

LawInSport and the British Association for Sport and Law, Sports Law Yearbook 2015/16 - UK, Ireland and EU eBook.

Götz Schulze, Aktuelle Rechtsfragen im Profifußball: Psychologische Faktoren und rechtliche Gestaltung Taschenbuch  


Blogs

Gregory Basnier, Joint selling of French Rugby’s tv rights: A review of the recent competition law cases

Carol Couse and Jake Cohen, The potential impact of Brexit on European football

Johanna Croon-Gestefeld, Der BGH und Pechstein: Transnationaler Konstitutionalismus sieht anders aus

Thomas Croxford and Nick De Marco, Fiduciary duties, football, and the fundamental importance of the contractual relationship

Juan de Dios and Crespo Pérez, Operación Puerto: A long and winding road in the fight against doping

Antoine Duval, The BGH’s Pechstein Decision: A Surrealist Ruling

Antoine Duval, The Pechstein case: Transnational constitutionalism in inaction at the Bundesgerichtshof

Antonia Foster, Advice for Athletes facing false allegations by the press – Practical and Legal Options

Ryan Lake, Signing new talent: How the entry draft system works in the National Hockey League

Daniel Lowen, Determining the level of compensations for out of contract football players: The PFCC Danny Ings Award

Jonny Madill and Jack Jones, Sharing sports clips in the digital age: 6 things you should know

Oskar van Maren, The EU State aid and Sport Saga: Hungary revisited? (Part 2)

Oskar van Maren, Operación Puerto Strikes Back!

Kester Mekenkamp, The Müller case: Revisiting the compatibility of fixed term contracts in football with EU Law

Lance Miller, Celeste Koravos and Nick Fitzpatrick, Sustainable procurement at Tokyo 2020 Olympics: Top 10 tips for a winning bid

Marine Montejo, FIBA/Euroleague: Basketball’s EU Competition Law Champions League- first leg in the Landgericht München

Kimberly Morris and Barry Lysaght, How FIFA TMS Investigations increase transparency and accountability in international football transfers

Tim Owen, Sport, corruption and the criminal law: the need for an expert investigative body

Fabian Reinholz, Das Pechstein urteil nimmt dem sport reformdruck

Jennifer E. Rothman and Eugene Volokh, Brief of 28 constitutional law and intellectual property law professors as Amici Curiae in support of petitioner in, No. 15-1388, In the Supreme Court of the United States, National Collegiate Athletic Association, petitioner, v. Edward C. O’Bannon et al., Respondents

James Segan, A riddle wrapped in a mystery inside an enigma: the Sharapova case

Andrew Smith, A review of the updates to FIFA’s Regulations on the Status and Transfer of Players

The Swiss Rambler, Nottingham Forest - From The Ritz To The Rubble

The Swiss Rambler, Wolverhampton Wanderers - After The Gold Rush

WADC Commentary Team, Meldonium and Moral Fault: Five Lessons Learned from the Sharapova ITF Tribunal Decision

Mathias Wittinghofer and  Sylvia Schenk, A Never Ending Story: Claudia Pechstein’s Challenge to the CAS

John Wolohan, The integrity of education in college sport: does the NCAA model compromise athlete welfare? 


Upcoming events

14 July - Sports Corruption 2016 Conference, MBL Seminars London

19 – 21 July - Executive Programme in International Sports Law, Sports Law and Policy Centre, Ravello, Italy

2 & 3 September - International Sport Arbitration 6th Conference CAS & SAV, The Court of Arbitration for Sport (CAS), the Swiss Bar Association (SAV / FSA) and the Swiss Arbitration Association (ASA), Lausanne Switzerland

16 September - The future of the ‘legal autonomy’ of sport, Anglia Ruskin University, Cambridge, UK

26 September - Soccerex - Global Convention 2016, Manchester, UK 




[1] Mark Twain, American author (30 November 1835/21 April 1910)

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