Editor's note: Rusa Agafonova is a PhD Candidate at the University of Zurich, Switzerland
The Olympic Games are the cornerstone event of the Olympic Movement as a
socio-cultural phenomenon as well as the engine of its economic model. Having worldwide
exposure, the Olympic Games guarantee
the International Olympic Committee (IOC) exclusive nine-digit sponsorship
deals. The revenue generated by the Games is later redistributed by the IOC
down the sports pyramid to the International Federations (IFs), National
Olympic Committees (NOCs) and other participants of the Olympic Movement through
a so-called "solidarity mechanism". In other words, the Games
constitute a vital source of financing for the Olympic Movement.
Because of the money involved, the IOC is protective when it comes to
staging the Olympics. This is notably so with respect to ambush marketing which
can have detrimental economic impact for sports governing bodies (SGBs) running
mega-events. The IOC's definition of ambush marketing covers any intentional and
non-intentional use of intellectual property associated with the Olympic Games as
well as the misappropriation of images associated with them without authorisation
from the IOC and the organising committee.
This definition is broad as are the IOC's anti-ambush rules.More...
Editor's note: Lindsay Brandon is Associate Attorney at Law Offices of Howard
“Tell the white people of America and
all over the world that if they don’t seem to care for the things black people
do, they should not go to see black people perform.” – American sprinter and Olympic Medalist John Carlos
On 21 April 2021, the Athletes’ Commission
(AC) of the International Olympic Committee (“IOC”) received
the “full support of the IOC Executive Board for a set of recommendations in
regard to the Rule 50 of the Olympic Charter and Athlete Expression at the
Olympic Games.” This came over a year after the 2020 Tokyo Olympic Games were
postponed due to the Covid-19 pandemic, and almost a year after the IOC and AC
embarked on an “extensive qualitative and quantitative” consultation process to
reform Rule 50 involving over
3,500 athletes from around the globe.
Since its introduction of the new
guidelines in January 2020, Rule
50 has been touted by the IOC as a means to protect the neutrality of sport
and the Olympic Games, stating that “No kind of demonstration or political,
religious or radical propaganda is permitted in any Olympic sites, venues, or
other areas.” In other words, the
Olympics are a time to celebrate sport, and any political act or demonstration
might ruin their “moment
In fact, the Rule 50 Guidelines say
that a fundamental principle of sport is that it is neutral, and “must be
separate from political, religious or any other type of interference.” But this
separation is not necessarily rooted in totality in modern sports culture,
particularly in the United States (“U.S.”).
This is evidenced by the United States Olympic and Paralympic Committee
to not sanctioning Team USA athletes for protesting at the Olympics. The
USOPC Athletes stated “Prohibiting athletes to freely express their views
during the Games, particularly those from historically underrepresented and
minoritized groups, contributes to the dehumanization of athletes that is at
odds with key Olympic and Paralympic values.” More...
Editor's note: Yuri Yagi is a sports lawyer involved in Sports Federations and Japanese Sports Organizations including the Japan Equestrian
Federation (JEF), the International Equestrian Federation (FEI), the Japanese
Olympic Committee (JOC), the Japan Sports Council (JSC) and the All-Japan High School Equestrian Federation.
Japan has held
three Olympic Games since the inception of the modern Olympics;Tokyo Summer
Olympic Games in 1964, Sapporo Winter Olympic Games in 1972, and Nagano Winter
Olympic Games in 1998. Therefore, the Tokyo 2020 Olympic Games (Tokyo 2020) are supposed to
be the fourth to be held in Japan, the second for Tokyo. Tokyo 2020 were
originally scheduled for 24 July 2020 to 9 August 2020. Interestingly, the word
‘postpone’ or ‘postponement’ does not appear in the Host City Contract (HCC).
However, the International
Olympic Committee (IOC), the Tokyo Metropolitan Government (TMG), the Japanese
Olympic Committee (JOC), and the Tokyo Organising Committee of the Olympic and
Paralympic Games (TOCOG) decided on 24 March 2020 that Tokyo 2020 would be
postponed because of the pandemic of COVID-19. Later on, the exact dates were fixed
‘from 23 July 2021 (date of the Opening Ceremony) to 8 August 2021 (date of the
The process of the
decision is stipulated in the ‘ADDENDUM N° 4’ signed by IOC, TMG, JOC and TOCOG.
This paper provides
an overview of the current situation, along with legal and other issues in
Japan that have arisen due to the postponement of Tokyo 2020 due to COVID-19.
The overview is offered from the perspective of a citizen of the host city and
includes a consideration of national polls, the torch relay, vaccination,
training camps, ever increasing costs, and the related provisions in the
Candidature File and the Host City Contract. More...
Editor's note: Prof. Dr. Ekşi is a full-time lecturer and chair of
Department of Private International Law at Özyeğin University Faculty of Law.
Prof. Ekşi is the founder and also editor in chief of the Istanbul Journal
of Sports Law which has been in publication since 2019.
Editor's note: Anna Antseliovich heads the sports practice at the Moscow-based legal group Clever Consult. She also works as a senior researcher at the Federal Science Center for Physical Culture and Sport (Russia).
The Olympic Games have always been a source of
genuine interest for spectators as Olympians have repeatedly demonstrated astounding
capacity of the human body and mind in winning Olympic gold, or by achieving
success despite all odds.
At the ancient and even the first modern
Olympic Games, there was no concept of a national team; each Olympian represented
only himself/herself. However, at the 1906 Intercalated Games for
the first time, athletes were nominated by the National Olympic Committees
(‘NOCs’) and competed as members of national teams representing their
respective countries. At the opening ceremony, the athletes walked under the
flags of their countries. This was a major shift, which meant that not only the
athletes themselves competed against each other, but so too did the nations in
unofficial medal standings.
The nomination and selection of athletes by their
NOCs to compete under their national flag and represent their country is a
matter of pride for the vast majority of athletes. However, to what extent does
such a scheme correspond to the ideals which the Olympic Games were based on in
ancient times? Is it possible to separate sport and politics in the modern
Women In Sports Law (WISLaw) is an international, non-profit association based in Switzerland and aimed at promoting women in the sports law sector, through scientific and networking events, annual meetings and annual reports. WISLaw’s objectives are to raise awareness of the presence, role and contribution of women in the sports law sector, enhance their cooperation, and empower its global membership through various initiatives.
This year, WISLaw has partnered with the Asser International Sports Law Blog to organise a special blog symposium featuring WISLaw members. The symposium will entail both the publication of a series of blog posts authored by WISLaw members, and a virtual webinar (accessible at https://lnkd.in/dgWsy6q with the Passcode 211433) to promote discussion on the selected topics. Article contributions were invited on the topic of legal issues surrounding the Tokyo 2020 Olympics. In the midst of a pandemic and the rise of social justice movements around the world, the Games and their organisation gave rise to a number of interesting legal issues and challenges, which will be explored through a variety of lenses.
We hope that you enjoy and participate in the discussion.
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.
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 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...
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
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.
- 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.