Since it was first introduced at
the Atlanta Games in 1996,
the CAS ad hoc Division has never been as crowded as it was during this year’s Rio
Olympics. This is mainly due to the Russian doping scandal, which has fuelled the CAS with Russian athletes challenging their
ineligibility to compete at the Games. The CAS recently revealed that out
of 28 awards rendered, 16 involved Russian athletes challenging their
ineligibility. This Russian ballet is
a direct result of the shocking findings of Richard McLaren’s Independent Person (IP) Report ordered by the World Anti-Doping Agency (WADA).
McLaren’s investigation demonstrated that the Russian State was coordinating a
sophisticated doping system. The revelation triggered an outrage in the media
and amongst other competitors. Numerous calls (especially by WADA and various National Anti-Doping Organisations) were heard urging the IOC to ban the entire Russian
delegation from the Olympics. The IAAF decided to exclude
the whole Russian athletics team, 
with the exception of Darya Klishina, but, to the disappointment of many, the IOC refused to heed these calls and decided, instead,
to put in place a specific procedure to assess on a case-by-case basis the
eligibility of Russian athletes.
The IOC’s Decision (IOC
Decision) of 24 July foresees that the International Federations (IFs) are
competent to determine whether each Russian athlete put forward by the Russian
Olympic Committee (ROC) to participate in the Olympics meets a specific set of
conditions. Moreover, the ROC was also barred from entering athletes who were
sanctioned for doping in the past, even if they have already served their
doping sanction. In the end, a majority of the Russian athletes (278 out of 389 submitted by the ROC) cleared the IOC’s bar relatively easily, but some
of them did not, and many of the latter ended up fighting for their right to
compete at the Rio Olympics before the CAS ad hoc Division.
In the following blogs, I will analyse the ten published CAS awards related to
Russian athletes. It
is these legal fights that I suggest to chronicle in the following parts of this
blog. To do so, I have divided them in five different (and analytically coherent)
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.
For the world of Sport, the elsewhere known “sleepy month” of August
turned out to be the total opposite. Having only just recuperated from this
year’s Tour de France, including a spectacular uphill sprint on bicycle shoes
by later ‘Yellow Jersey’ winner Chris Froome, August brought another feast of
marvellous sport (and subsequent legal drama): The 2016 Olympic Games in Rio de
Editor’s note: Guido graduated cum
laude from the Vrije Universiteit Amsterdam. He teaches law at the Erasmus
Universiteit Rotterdam. He specializes in sports law and provides legal advice for the professional sports sector.
This blog is a commentary on a recent case that hit
like a bombshell in the Netherlands (and
the recent Olympic Games in Rio. The case concerns a Dutch athlete, Yuri van
Gelder, who reached the Olympic finals in his sport, got sent home by ‘his’ NOC
(NOC*NSF) after a night out in Rio and launched legal proceedings in front of a
Dutch court to claim back his place in the finals. This commentary will attempt
to explain the Dutch ruling and evaluate whether a different legal route would
have been possible and preferable. More...
Editor's Note: Ryan is Assistant Professor at Thompson Rivers University, he defended his PhD at Erasmus University Rotterdam in December 2015. His dissertation examined human rights violations caused by international sporting events, and how international sporting organisations may be held accountable for these violations.
On Sunday, August
21, the 2016 Summer Olympic Games in Rio de Janeiro will end. The spotlight
will dim not only on the athletes who return to their home countries to ply their
trade in relative obscurity, but also on the country of Brazil.
Once the Games have ended, life will go ‘back to normal’, although for many
residents of Rio de Janeiro, what is ‘normal’ is anything but. More...
Editor’s note: Yann Hafner is a Phd researcher at the University of Neuchâtel specialized
in sports and nationality issues. He is also Legal Affairs Manager at the Fédération
Internationale de Volleyball. Yann is
an editor of the ASSER International Sports Law Blog and has previously
published on the blog on nationality conundrums at the FIFA World Cup 2014 in
Brazil (see here).
This contribution aims to decipher
the relationship between sporting nationality and the Olympic Games. To this
end, the author will first define sporting nationality and discuss athletes’
eligibility in national team in the context of the Olympic Games. Then,
selected issues in relation with sporting nationality and the Olympic Games
(with an emphasis on issues related to the Rio 2016 Olympic Games) will be investigated.
In a first
blog last month we discussed the problem of the scope of jurisdiction of
the Ad Hoc Division of the Court of Arbitration for Sport. The key issue was
whether an athlete could get his case heard in front of the CAS Ad Hoc Division
or not. In this second part, we will also focus on whether an athlete can access
a forum, but a different kind of forum: the Olympic Games as such. This is a
dramatic moment in an athlete’s life, one that will decide the future path of
an entire career and most likely a lifetime of opportunities. Thus, it is a
decision that should not be taken lightly, nor in disregard of the athletes’
due process rights. In the past, several (non-)selection cases were referred to
the Ad Hoc Divisions at the Olympic Games, and this was again the case in 2014,
providing us with the opportunity for the present review.
Three out of four cases dealt with
by the CAS Ad Hoc Division in Sochi involved an athlete contesting her eviction
from the Games. Each case is specific in its factual and legal assessment and
deserves an individual review. More...
Three weeks ago, I gave a talk for a group of visiting researchers
at Harvard Law School on the accountability of the IOC for human rights abuses
caused by hosting Olympic Games. On the day of that talk, Human Rights Watch announced
that the International Olympic Committee (“IOC”) would insert new language into
the Host City Contract presumably for the 2022 Olympic Games onwards. The new
language apparently requires the parties to the contract to:
“take all necessary measures to ensure that
development projects necessary for the organization of the Games comply with
local, regional, and national legislation, and international agreements and
protocols, applicable in the host country with regard to planning,
construction, protection of the environment, health, safety, and labour laws.”More...
The IOC has trumpeted it worldwide as a « historical
the United Nations has recognised the sacrosanct autonomy of sport. Indeed, the
Resolution A/69/L.5 (see the final draft) adopted by the General Assembly on 31 October states
that it “supports the independence and autonomy of sport as well as the
mission of the International Olympic Committee in leading the Olympic movement”.
This is a logical conclusion to a year that has brought the two organisations closer
than ever. In April, UN Secretary General Ban Ki-moon appointed former IOC President, Jacques Rogge, Special
Envoy for Youth Refugees and Sport. At
this occasion, the current IOC President, Thomas Bach, made an eloquent speech celebrating a “historic step forward to better
accomplish our common mission for humanity” and a memorandum
understanding was signed between the UN and the IOC. This is all
sweet and well, but is there something new under the sun?More...
The year is coming to an end and it
has been a relatively busy one for the CAS Ad Hoc divisions. Indeed, the Ad Hoc
division was, as usual now since the Olympic Games in Atlanta in 1996,
settling “Olympic” disputes during the Winter Olympics in Sochi. However,
it was also, and this is a novelty, present at the Asian Games 2014 in Incheon. Both divisions have had to deal with seven (published)
cases in total (four in Sochi and three in Incheon). The early commentaries
available on the web (here,
have been relatively unmoved by this year’s case law. Was it then simply ‘business
as usual’, or is there more to learn from the 2014 Ad Hoc awards? Two different
dimensions of the 2014 decisions by the Ad Hoc Division seem relevant to elaborate on : the jurisdiction quandary (part. 1) and the selection
drama (part. 2). More...
This post is an
extended version of an article published in August on hostcity.net.
The recent debacle among the candidate cities for the 2022 Winter
Games has unveiled the depth of the bidding crisis faced by the Olympic Games.
The reform process initiated in the guise of the Olympic Agenda 2020 must take
this disenchantment seriously. The Olympic Agenda 2020 took off with a wide
public consultation ending in April and is now at the end of the working groups phase. One of
the working groups was specifically dedicated to the bidding process and was headed
by IOC vice-president John Coates. More...