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! Diversity at the Court of Arbitration for Sport: Time for a Changing of the Guard? - Zoom In Webinar - 14 October - 4pm

On Thursday 14 October 2021 from 16.00-17.30 CET, the Asser International Sports Law Centre, in collaboration with Dr Marjolaine Viret (University of Lausanne), will be launching the second season of the Zoom-In webinar series, with a first episode on Diversity at the Court of Arbitration for Sport: Time for a Changing of the Guard?

The Court of Arbitration for Sport (CAS) is a well-known mainstay of global sport. It has the exclusive competence over challenges against decisions taken by most international sports governing bodies and its jurisprudence covers a wide range of issues (doping, corruption, match-fixing, financial fair play, transfer or selection disputes) including disciplinary sanctions and governance disputes. In recent years, the CAS has rendered numerous awards which triggered world-wide public interest, such as in the Semenya v World Athletics case or the case between WADA and RUSADA resulting from the Russian doping scandal (we discussed both cases in previous Zoom-In discussion available Asser International Sports Law Blog | Our International Sports Law Diary <br/>The <a href="http://www.sportslaw.nl" target="_blank">Asser International Sports Law Centre</a> is part of the <a href="https://www.asser.nl/" target="_blank"><img src="/sportslaw/blog/media/logo_asser_horizontal.jpg" style="vertical-align: bottom; margin-left: 7px;width: 140px" alt="T.M.C. Asser Instituut" /></a>

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

[Advanced professional training] Responding to human rights abuse in sport: Safe, effective & appropriate investigation - 5-6 March

Register now for the second edition of our advanced professional training and learn how to respond in a safe, appropriate, and effective way to cases of human rights abuse in sport. 

In recent years, the world of sport has seen a rise in reports of cases of emotional, psychological, physical, and sexual abuse. Sport has often struggled to respond in a safe, effective and appropriate way to these cases.  This has, at best, led to missed opportunities to improve and strengthen prevention mechanisms.  At worst, it has caused retraumatisation and additional harm to those affected. 

This professional training uses real life challenges from past investigations to provide insight into how (not) to respond to reports and allegations of sport-related cases of abuse. It will provide you with tools and knowledge on how to deal with abuse cases while protecting those affected, complying with human rights, and upholding the integrity of sport.

Register HERE

Widespread abuse in sports
The last five years have seen a huge uptick in reports of cases of emotional psychological, physical and sexual abuse in sport. All over the world, across different sports, non-recent and recent cases have come to light: abuse allegations in Dutch gymnastics and US gymnastics, the abuse of female basketball players in Mali, systematic abuse of child athletes in Japan, the abuse of young boys within the English football, or children in other grass-roots sport in Germany, the sexual abuse ofwomen’s football national teams in Afghanistan and Haiti, or the recent sexual assault against a player of the Spanish women’s national football team, to mention but a few.

Ineffective response
Responses from the relevant entities like sport organisations and governments have often fallen short of both the expectations of those impacted, and internationally recognised human rights standards. Some organisations have failed to initiate any investigation whatsoever, while others have commissioned or led inadequate responses. This has resulted in strong  criticism from affected persons, their representatives, and other civil society organisations. However, until now sport has not benefited from  any real  clarity or consistency around good practice on how to respond in a safe, adequate and effective way to allegations of abuse. This course seeks to address that.

Register HERE

Good practice based on research and experience
The Centre for Sport and Human Rights (CSHR) has conducted a study, in conjunction with victims, survivors, and whistleblowers of abuse across continents and sporting disciplines, and based on the learnings developed and published a guidance on how to conduct safe, appropriate and effective investigations into abuse cases in sport.  In this professional training, the Asser Institute partners with CSHR to connect practical research-based guidelines with relevant legal norms and procedures to address human rights abuses in sport. 

What will you learn? 

  •   How (not) to respond to reports and allegations of sport-related cases of abuse 

  •   Knowledge and experience in responding to such cases in a way that protects the affected person from further harm and complies with human rights 

  •    The role that investigations play in access to remedy more broadly 

Download the full programme

Speakers:

  • Kat Craig (CSHR)
  • Dr Daniela Heerdt (Asser Institute)
  • Joanna Maranhão (4x Olympians and Survivor Network Coordinator)
  • Loïc Alves (Senior Legal Counsel at FIFPRO)
  • Peter Nicholson (Head of Investigations and Intelligence Athletics Integrity Unit and Ethics Officer ICC)

Register HERE

Sport is sailing rudderless into geopolitical storms - Russia and Israel responses show how absence of rules makes FIFA and the IOC tools of the global north - By Nick McGeehan

Editor's note: Nicholas McGeehan is co-director of human rights research and advocacy group FairSquare, which works among other things on the nexus between sport and authoritarianism. He is a former senior researcher at Human Rights Watch and holds a PhD in international law from the European University Institute in Florence.


Boycotts, divestments and sanctions are each controversial and contentious in their own right, but when combined under the right conditions, they have explosive potential. BBC football presenter Gary Lineker found this out to his cost when he retweeted a call from Palestine’s BDS movement to suspend Israel from FIFA and the International Olympic Committee (IOC)  until such time the Israeli state ends what they called “the crime of genocide it is perpetrating in Gaza” and its occupation of Palestinian territory. Lineker quickly deleted his retweet but not before the UK’s most popular right-wing tabloid newspaper, The Daily Mail, spotted it and renewed their fulminating campaign against Lineker’s support for political causes that run contrary to the Mail’s editorial positions. The Daily Mail does not oppose sporting boycotts, in fact judging from an article by its football columnist, Martin Samuel, it was an ardent supporter of Russia’s ejection from European football in the aftermath of its invasion of Ukraine. “Why should Russian football get to be part of the continent in which it has murdered innocents?,” asked Samuel  and in that regard he was not alone and was echoing views heard across the political divide in the west at the time. 

The west continues to boycott Russia, its companies have divested from Russia, and its governments are sanctioning Russia. This includes in the sporting arena where nobody batted an eyelid when Russian football teams were excluded from FIFA and UEFA competition, and its athletes excluded from IOC competition.  So it seems obvious that it  is not so much BDS tactics that offend people in certain quarters, but rather their target. Russia can be BDS’d until the cows come home, but BDS’ing Israel is beyond the pale. You can see how it might be hard to explain to a child.

Through an examination of the widely divergent responses to Russia’s actions in Ukraine and Israel’s actions in Gaza, this piece argues that FIFA and the IOC have aligned themselves with the political positions of the countries of the global north. With reference to previous sporting boycotts, it demonstrates how an absence of rules has left FIFA and the IOC sailing rudderless into stormy geopolitical waters and argues that they need to institute rules to guide their responses to events of this gravity and magnitude. Dispensing once and for all with the canard that sport and politics can be kept apart would enable sport’s governing bodies to appropriately leverage their political power and not merely act as puppets of the global north. More...


[Online Event] The aftermath of the Women's World Cup final: FIFA's and UEFA's responsibility in the Jenni Hermoso case

Join us on 14 December at 12:00 CET for an online discussion on FIFA and UEFA’s responsibility in responding to the incident that overshadowed Spains’ victory of the Women's World Cup, when Spanish national team player Jennifer Hermoso experienced a violation of her bodily integrity and physical autonomy due to a forced kiss given to her by Luis Rubiales, then the Spanish FA's president. 


During the 2023/2024 academic year, the Asser International Sports Law Centre dedicates special attention to the intersection between transnational sports law and governance and gender. This online discussion is the second in a series of (online and offline) events, which explore the way in which international sports governing bodies define the gender divide in international sports, police gender-based abuses, and secure gender-specific rights to athletes. You can watch the recording of our first virtual discussion on the Semenya judgment of the ECtHR on our Youtube Channel.  


Just minutes after the Spanish women's national team had won the FIFA Women's World Cup, Rubiales congratulated the players on the podium and grabbed Hermoso's head and kissed her on the lips. This act not only shocked the players and the audience but also caused immediate international uproar and calls for resignation. Rubiales first defended his act, claiming that Hermoso had agreed to it. However, her statements right after it happened, as well as her official statement published just a few days after the event forcefully denied the consensual nature of the kiss. Hermoso felt “vulnerable and a victim of aggression, an impulsive act, sexist, out of place and without any type of consent". Three months later, Rubiales has been suspended by FIFA for three years, resigned as president of the Spanish FA, and is facing criminal prosecution for the crimes of sexual assault and coercion in Spanish national courts. 


As extreme as this case sounds, it is not. In fact, it is a reflection of structural issues that exist in the world of women's football and women's sport more generally. Furthermore, this incident raises the question of the rights of the players subjected to such behaviour and the responsibility of sports governing bodies, and FIFA and UEFA in particular, insanctioning those who are engaging in such actions. How should SGBs respond to such incidents? What type of rules and procedures should they have in place? What are the measures that should be introduced to prevent similar actions in the future? What is the role of states (the Spanish state in the present instance) in investigating and prosecuting these cases?  


We look forward to discussing these issues (and many others) with our three speakers, who have followed the case closely: 

  • Kat Craig, human rights lawyer, founder and CEO of Athlead, Senior Adviser to the Centre for Sport and Human Rights; 

  • Alexandra Gómez Bruinewoud, is a Senior Legal Counsel at FIFPRO and a judge at the FIFA Dispute Resolution Chamber; 

  • Borja Garcia is Reader in Sport Policy and Governance at School of Sport, Exercise and Health Sciences in Loughborough University


The online discussion will be introduced and moderated by Dr Antoine Duval and Dr Daniela Heerdt, and will include short presentations by the speakers and a Q&A with the audience. 


This is a free event, you can register for it HERE

[Conference] International Sports Law Journal Annual Conference - Asser Institute - 26-27 October

On 26 and 27 October 2023, the Asser Institute in The Hague will host the 2023 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 scholarly exchanges on the state of the field. The conference will address a number of complex issues and disputes at the top of the transnational sports law agenda. In particular, we will zoom in on three main topics:

 

How football governance is (re)shaped by EU law

Since the Bosman ruling of the European Court of Justice (CJEU) in 1995, it has been obvious to football fans around the world that the European Union (EU) has a considerable influence on the governance and regulation of professional football. This year, 2023, provides us a striking reminder of this fact with (at least) two fundamental judgments of the Grand Chamber of the CJEU expected in the Superleague case and the UEFA’s home-grown players rule. Additionally, two further cases, which are challenging FIFA’s transfer system and its agent regulations, remain pending before the Luxembourg court. We will be looking closely at this relationship between EU law and the governance football through two panels (featuring senior and junior researchers) and a keynote lecture delivered by one of the finest observers of this encounter: Prof. Stephen Weatherill (Oxford University).

 

Autonomy and neutrality in the transnational governance of sports 

The invasion of Ukraine by Russia has postponed (once again) the end of history and revived within the Olympic Movement fundamental debates dating back to the Cold War and South-African Apartheid. Can the Olympic Movement stay neutral in the face of a clear violation of international law by Russia and of war crimes being committed by its armed forces? What should the consequences be in terms of the participation of Russian athletes and teams in international sporting competitions? If they are allowed to participate, under what conditions should they be competing? All these questions are ultimately connected to the definition and practice of the autonomy and neutrality of sport vis-a-vis international law and politics and will be at the heart of the another set of presentations at the ISLJ conference and a digital bridge with the Symposium on Sport & Neutrality organised in Lillehammer by the Inland Norway University of Applied Sciences.

 

The transnational regulation of gender by sports governing bodies

Our third focus area for this year’s conference will be the regulation and governance of gender boundaries by SGBs. The recent and ground-breaking decision of the European Court of Human Rights in the Semenya case crystallises the contemporary importance of questions related to the division between genders in the context of international sports. Furthermore, the ongoing and heated debates on the participation of transgender athletes in female competitions are also highlighting the importance of the decisions taken by SGBs in this regard. We will be hosting a specific Panel tackling these issues and will be welcoming Prof. Silvia Camporesi (University of Vienna and King’s College London) for a keynote lecture connecting the legal debates with ethical and philosophical considerations.

 

More information and registration HERE

 

Download the full programme

 

Online participation available

Following the success of last year's webinar option, we are once again allowing online participation to the conference at an affordable price. Thus, we hope to internationalise and diversify our audience and to reach people who are not in a position to travel to The Hague.

The ASSER International Sports Law Blog

This blog is a knowledge hub for all things related with International Sports Law. On this page, you will find the recent developments in the field: publications, events and cases. Moreover, we will provide outstanding (short) academic commentaries on the most pressing questions in International Sports Law.

We wish you a good read!

The Editors

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    Month List

    l of football, with club football organized along domestic borders? Arguably, the rule could concentrate on the under 21 teams, and/or under 23 teams, where training actually takes place, allowing clubs to compose their A-teams with the best players, regardless of where they were trained. Talented club-trained young players will make their way to A-teams on the basis of merit. Clubs could be incentivized to field club-trained players in their A-team through increased solidarity payments from centralized earnings. Such an approach could serve both the aims of stimulating the training of players and increasing (or better: not deteriorating) the competitiveness of local clubs. 

    Is this THE solution? We don’t know, and we don’t pretend to know. We raise it to illustrate a point: the importance of alternative systems to the HGP rule in the Antwerp case. AG Szpunar rightly asserts that the burden of proof to evidence that a rule is proportionate in view of legitimate aims, so that it can be upheld instead of invalidated, lies with the claimant of such exception, in the Antwerp case UEFA and the RBFA (para 61). Remarkably, the proportionality of the HGP rule is subsequently simply assumed. Moreover, alternatives brought forward by Antwerp, whereas the burden of proof lay with UEFA and the RBFA, were put aside as more restrictive, and considered not to be equally effective without much consideration (paras 79-81). Is it not more in line with logic that when the burden of proof falls upon a party, if it fails to discharge it then its claim is simply denied? More fundamentally, if rules are simply assumed to pursue legitimate objectives instead of evidenced to do so, is this not an open invitation for ‘sports washing’, the equivalent of green washing in sports? Of course, judges are not industry experts. As a result, we may not reasonably expect too much. Regulators must have leeway to make choices. But judges can and should perform oversight, assuring: i) rules are at least aiming for the target, ii) the regulator effectively considered alternatives, iii) there are good reasons for the regulator to prefer the chosen solution over another. If the questioned rule fails this test, it should be declared invalid – and the regulator should be sent back to the drawing board.[1]

    So, AG Szpunar’s opinion is not perfect. Yet, it certainly puts the finger on the sore spot of football governance: double hatting and the inherent conflicts of interest that brings. In this respect, AG Szpunar’s opinion seems to provide counterweight to AG Rantos’ opinion in the European Super League (‘ESL’) case (see the subtill ‘in this respect’ in fn 39 of Szpunar’s opinion). In essence, AG Rantos argues that UEFA’s potential design errors are irrelevant, as the ESL, because of its (at the time) semi-closed set-up, should have been rejected anyway. He even asserts that open sport competitions are a constitutional principle of EU law, enshrined in Article 165 TFEU. This is a (too) far stretch, notably not repeated by AG Szpunar. Moreover, Szpunar makes UEFA’s governance deficit so much more explicit than Rantos. Because UEFA is both the regulator and monopolist of European club football, Szpunar considers that conflicts of interest are ‘bound to arise’ (in the French official version: ‘inévitable’; in Dutch: ‘onvermijdelijk’ – so: inevitable). Moreover, confronted with such conflict, he believes UEFA and domestic football regulators will have a natural reflex to let their own commercial interests prevail over the public interest (para 58). 

    AG’s Szpunar’s opinion is authoritative, and probably even more than usual. Szpunar is first advocate general, and primus inter pares. His opinion will weigh in on the other football cases pending before the CJEU too, especially the ESL case and the aforementioned Swift case. As such, it could serve as a ‘canary in the coalmine’ for what is still to come later this year. Anyway, if the CJEU judges in the ESL case follow Szpunar’s assessment of UEFA’s double hatting, those who were celebrating the status quo after the Rantos opinion might be in for a scare soon.  

    2023 is a year of truth for the organization of professional football. Dissatisfaction with the status quo has led to a record number of football related cases before the CJEU. These cases are heard separately, but at the same time inevitably interconnected, because they run in parallel on similar subject matters. Szpunar’s opinion makes at least clear that all cards are still on the table and the status quo might not prevail. 

    Courts can only do what they are allowed to: apply the law in a given case. They can’t solve football’s governance deficit. Only politicians can ‘save football from itself’ by regulating it and by tackling policy failures exposed by professional football’s commercial explosion fueled primarily by clubs and players. Stakeholders such as clubs and players deserve a seat at the decision-making table in a governance model for pro football 2.0. For example, it is not acceptable any more for football regulators with no skin in the game to continue to congest match calendars (40 or so more matches in the 2026 World Cup !) without consulting clubs and players. Furthermore, the cleanest way to resolve conflicts of interest once and for all would be to separate UEFA’s functions - at least to ensure that adequate procedures are in place to avoid, mitigate and make transparent conflict of interests (in that order), and allowing access to public courts for judicial scrutiny. To be meaningful, such action should be taken at EU level, so as to create a level playing field for clubs across Europe and – because of the ‘Brussels’ effect – beyond.  

    We are not naïve. There is no political appetite for reforming football yet. That was made clear during the ESL hearing early July 2022, where more than 20 Member States intervened in support of UEFA and the status quo. But, one, two or three critical decisions of the CJEU might inspire politicians to take action. That way, this wave of court cases may trigger a much more profound reform of the governance of the beautiful game.    

    [1] In that sense AG Szpunar seems to go too far when in his answer to the court he suggests to invalidate the current HGP rule and already advises how the new rule should look – the latter is more a matter for the regulator.

    Summer Programme - Sports and Human Rights - 27-30 June - Join us!

    Join us for our unique training programme on ‘Sport and human rights’ jointly organised by the Centre for Sport and Human Rights and the Asser Institute  and hosted by FIFPRO. After the success of the first edition in 2022 the programme returns, focusing on the link between the sport and human rights and zooming in on a number of challenges underlying this link, such as the human rights impacts of day-to-day sports, the normative framework and applicability of the UNGPs in the sporting context,  the rights of athletes, gender and sports, remedies for sport-related human rights harms, and more. 


    If you wish to join, register HERE.


    Tackling contemporary human rights challenges in sport
    The programme brings together the latest in academic research with practical experiences from working in the field in an interactive package, fostering productive exchanges between the speakers and participants. Theoretical knowledge will be complemented by exposure to hands-on know-how and exercises.

    Participants will have the opportunity to learn from experts from the Asser Institute, the Centre for Sport and Human Rights, and FIFPRO, as well as high-profile external speakers from both academia and practice. 

    Latest version of the full 4-day programme

    What will you gain?

    Topics addressed in this summer programme include:


    If you wish to join, register HERE.


    Scholarships

    The Centre for Sport and Human Rights is funding a scholarship for an outstanding master student, PhD candidate, or civil society representative from an underrepresented group, including those from the global South, to participate in the Asser Institute’s summer programme ‘Sport and Human Rights’. More information is available on their website.

    Interested candidates should apply by 31 March 2023, 20:00 CET through the CSHR website.


    New Event! Governing European football: What role for the European Union? - 16 December - Brussels

    Join us for a round table co-organized by GLawNet and the Asser Institute at the Campus Brussels of the Maastricht University (Avenue de Tervueren 153, 1150 Brussels) just one day after the publication of the Opinion of Advocate General Rantos in the European Super League (ESL) case. The discussion between academics and stakeholders will focus on the role played by the EU, as well as the role it ought to play, in determining the way football is organised and governed.


    In 2021, the announcement of the creation of a breakaway European Super League (ESL), as well as the drama of its early demise, stunned the world.  Since then, the company behind the ESL and UEFA (as well as FIFA) are locked into a legal battle that will soon come to an end at the Court of Justice of the European Union (CJEU). Following the preliminary questions raised by a Spanish court, the CJEU will weigh in on whether UEFA and FIFA breached EU competition law with their attempts to thwart the emergence of the ESL. It will not be the first time that the governing bodies of football, both Swiss associations, face scrutiny before the EU courts - many will remember the 1995 Bosman ruling. However, this time around various stakeholders and observers are calling for the EU to not only referee this particular dispute, but to as well start playing a stronger governance role by regulating European football.


    Programme:

    15:00 – 15:05 Opening: Mariolina Eliantonio (Maastricht University)

    15:05 – 16:30 - Roundtable: Governing European Football: What role for the European Union?
    Moderator: Carlo Colombo (Maastricht University)

    16:30 Reception


    This is an In-Person event only and will take place at the Campus Brussels of the Maastricht University (Avenue de Tervueren 153, 1150 Brussels). If you wish to attend, please register HERE.


    Supported by undefined

    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