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.
ISLJ Annual Conference on International Sports Law
On 26 and 27 October 2017, the T.M.C. Asser Institute in The Hague will host the first ever ISLJ Annual International Sports Law Conference. This year's edition will feature panels on the Court of Arbitration for Sport, the world anti-doping system, the FIFA transfer regulations, human rights and sports, the labour rights of athletes, and EU law and sport. We will also welcome the following distinguished keynote speakers:
- Miguel Maduro, former Advocate General at the European Court of Justice and former head of the FIFA's Governance Committee;
- Michael Beloff QC, English barrister known as one of the 'Godfathers' of sports law;
- Stephen Weatherill, Professor at Oxford University and a scholarly authority on EU law and sport;
- Richard McLaren, CAS Arbitrator, sports law scholar and former head of the World Anti-Doping Agency's investigation into the Russian doping scandal.
You will find all the necessary information related to the conference here. Do not forget to register as soon as possible if you want to secure a place on the international sports law pitch! [Please note that we have a limited amount of seats available, which will be attributed on a 'first come, first served' basis.] More...
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.
ISLJ Annual Conference on International Sports Law
On 26 and 27 October, the T.M.C. Asser Institute in The Hague will host the first ever ISLJ Annual International Sports Law Conference. This year’s edition will feature panels on the Court of Arbitration for Sport, the world anti-doping system, the FIFA transfer regulations, human rights and sports, the labour rights of athletes, and EU law and sport. More...
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
Editor's note: This blog is part of a special blog series on the Russian doping scandal at the CAS. Last year I analysed the numerous decisions rendered by the CAS ad hoc Division in Rio and earlier this year I reviewed the CAS award in the IAAF case.
the International Association of Athletics Federations (IAAF), the
International Paralympic Committee (IPC) was very much unaffected by the
Russian doping scandal until the publication of the first McLaren report in July
report highlighted that Russia’s doping scheme was way more comprehensive than
what was previously thought. It extended beyond athletics to other disciplines,
including Paralympic sports. Furthermore, unlike the International Olympic
Committee (IOC) the IPC had a bit more time to deal with the matter, as the Rio
Paralympic Games were due to start “only” in September.
the release of the McLaren Report, the IPC president Sir Philip Craven was “truly shocked, appalled
and deeply saddened at the extent of the state sponsored doping programme
implemented in Russia”. He immediately announced the IPC’s intention to review
the report’s findings and to act strongly upon them. Shortly thereafter, on 22
July, the IPC decided to open suspension proceedings
against the National Paralympic Committee of Russia (NPC Russia) in light of
its apparent inability to fulfil its IPC membership responsibilities and
obligations. In particular, due to “the prevailing doping culture endemic
within Russian sport, at the very highest levels, NPC Russia appears unable or
unwilling to ensure compliance with and the enforcement of the IPC’s
Anti-Doping Code within its own national jurisdiction”. A few weeks later, on 7
August, the IPC Governing Board decided to suspend the Russian
Paralympic Committee with immediate effect “due to its inability to fulfil its
IPC membership responsibilities and obligations, in particular its obligation
to comply with the IPC Anti-Doping Code and the World Anti-Doping Code (to which
it is also a signatory)”. Indeed, these “obligations are a fundamental
constitutional requirement for all National Paralympic Committees (NPCs), and
are vital to the IPC’s ability to ensure fair competition and to provide a
level playing field for all Para athletes around the world”. Consequently, the
Russian Paralympic Committee lost all rights and privileges of IPC membership. Specifically,
it was not entitled to enter athletes in competitions sanctioned by the IPC,
and/or to participate in IPC activities. Thus, “the Russian Paralympic
Committee will not be able to enter its athletes in the Rio 2016 Paralympic
Since the release of the earth-shattering
ARD documentary two years ago, the
athletics world has been in a permanent turmoil. The International Athletics
Association Federation (IAAF) is faced with both a never-ending corruption
scandal (playing out in front of the French police authorities) and the related systematic doping of Russian
athletes. The situation escalated in different phases led by the revelations of
Russian insiders. First, in December 2014 with the ARD documentary, which demonstrated
how widespread (and organized) the recourse to doping was in Russian athletics.
It triggered the Pound investigation financed by the World Anti-Doping Agency (WADA), which led to two
damaging reports (available here and here) for the Russian
anti-doping system and the IAAF itself. Thereafter, in November 2015, the IAAF
had no other choice but to provisionally suspend the Russian athletics
federation (ARAF then RusAF) and its members from IAAF competitions. Yet, this
was only the beginning as shortly after the former head of Moscow’s anti-doping
laboratory provided a
detailed sketch to the New York Times
of the operation of a general state-led doping scheme in Russia. The system was
designed to avert any positive doping tests for top-level Russian sportspeople and
was going way beyond athletics. These allegations were later largely confirmed
and reinforced by the McLaren investigation initiated by WADA in May 2016, and which published its first report in July 2016 shortly before the Rio Olympics. In June 2016, the IAAF anticipated
the conclusions of the report (it had received most of McLaren’s evidence beforehand) and decided to
maintain the ineligibility of Russian athletes for IAAF competitions, and for
the Rio Olympics. It did, however, foresee a narrow exception for Russian
athletes able to show that they were properly tested outside of Russia.
Nonetheless, the athletes using this exception were to compete under a neutral
flag at the Olympics. Unsurprisingly, Russian athletes led by pole superstar
(and now IOC member), Yelena Isinbayeva, and the Russian Olympic Committee
decided to challenge this decision in front of the Court of Arbitration for
Sport (CAS). Interestingly, while the decision was rendered on 21 July 2016, the
full text of the award was publically released only on 10 October 2016. In September,
I analysed the Rio
CAS Ad Hoc Decisions involving Russian athletes aiming to participate to the
Olympics. I will now turn to the IAAF
decision, which is of great importance to the future of the anti-doping system.
Indeed, it lays out the fundamental legal boundaries of the capacity of
international federations to impose sanctions on their members (and their
members) in order to support the world anti-doping fight. More...
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
The Russian State Doping Scandal and the
crisis of the World Anti-Doping System
doping and the state of the Anti-Doping System has been the dominant international
sports law story in November and December. This is mainly due to the release of
of the McLaren’s investigation on 9 December 2016. The
outcome of McLaren’s work showed a “well-oiled systemic cheating scheme” that
reached to the highest level of Russian sports and government, involving the striking
figure of 30 sports and more than 1000 athletes in doping practices over four
years and two Olympic Games. The report detailed tampering with samples to swap
out athletes’ dirty urine with clean urine.More...
“One day Alice came to a fork in the road and saw a Cheshire cat in a
tree. ‘Which road do I take?’ she asked. ‘Where do you want to go?’ was his
response. ‘I don’t know,’ Alice answered. ‘Then,’ said the cat, ‘it doesn’t
Tomorrow the Foundation Board
of the World Anti-Doping Agency (WADA) will gather in Glasgow for
its most important meeting since the creation of the Agency. Since the
broadcasting of a documentary alleging systematic doping in
Russian athletics by the German public broadcaster in December 2014, the
anti-doping world has been in disarray. The various independent investigations
(the Pound Report and the McLaren Report) ordered by WADA into doping allegations
against Russian athletes have confirmed the findings of the documentary and the
truth of the accusations brought forward by Russian whistle-blowers.
Undeniably, there is something very rotten in the world anti-doping system. The
current system failed to register a widespread, and apparently relatively open,
state-sponsored scheme aimed at manipulating any doping test conducted in
Russian territory. Moreover, it was not WADA that uncovered it, but an
independent journalist supported by courageous whistle-blowers. More...
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.
are looking for an International Sports Law Intern (with a particular interest
in the CAS)! More information can be found here.
The (terrible) State of the World
The fight against doping is still on
top of the agenda after the Russian doping scandal. The national anti-doping
organizations (NADOs) have reiterated their call for an in depth reform of the
World Anti-Doping Agency at a special summit in Bonn, Germany. These reforms are deemed urgent
and necessary to “restore confidence of clean athletes and those who value the
integrity of sport” and secure “the public’s desire for a fair and level
playing field”. The NADOs propose, amongst others things, to separate the
investigatory, testing and results management functions from sports
organizations, and to remove sports administrators from crucial anti-doping
executive functions. More...
Editor's Note: Marjolaine is an attorney admitted to the Geneva bar (Switzerland) who specialises in sports and life sciences. She currently participates as a scientific collaborator at the University of Neuchâtel on a research project to produce the first article-by-article legal commentary of the 2015 World Anti-Doping Code. Her latest book Evidence in Anti-Doping at
the Intersection of Science & Law was published in 2016 in the International Sports Law Book Series of T.M.C. ASSER Press.
On 30 September 2016, a panel of the Court
of Arbitration for Sport (“CAS”) rendered its award
in the matter opposing high-profile tennis player Maria Sharapova to the
International Tennis Federation (“ITF”). Maria Sharapova was appealing the
two-year ban imposed on
her by the ITF Tribunal in June 2016 for her use of Meldonium, a substance
newly added to the WADA Prohibited List 2016.
Since neither the ITF nor WADA had chosen to challenge the Tribunal’s decision,
the stakes of the case were rather simple: would the player convince the CAS
panel that she should benefit from a finding of “No Significant Fault or
thereby allowing for a reduction of the sanction down to a minimum of one year,
or should the decision of the Tribunal be upheld? In its award, the CAS panel
decided to grant such finding and reduced the sanction to 15 months.
This blog does not purport to be a ‘comment’
on the CAS award. Rather, it seeks to place the Sharapova matter into a broader
context with respect to a specific issue: the expectations on Athletes when it
comes to their awareness of the prohibited character of a substance,
specifically when taking a medication.
In July 2016, I presented at the T.M.C Asser Institute in The Hague various current
challenges of anti-doping that the Meldonium cases exposed (see the video here). One of these
challenges concerned the modalities for including new substances onto the
Prohibited List. This blog represents a follow-up on my presentation, in the
light of the findings contained in the CAS award. More...