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

Cocaine, Doping and the Court of Arbitration for sport - “I don’t like the drugs, but the drugs like me”. By Antoine Duval

Beginning of April 2014, the Colombian Olympic Swimmer Omar Pinzón was cleared by the Court of Arbitration for Sport (CAS) of an adverse finding of Cocaine detected in a urine sample in 2013. He got lucky. Indeed, in his case the incredible mismanagement and dilettante habits of Bogotá’s anti-doping laboratory saved him from a dire fate: the two-year ban many other athletes have had the bad luck to experience. More...

The French “betting right”: a legislative Dr. Jekyll and Mr. Hyde. By Ben Van Rompuy

The European Commission has published the “Study on Sports Organisers’ Rights in the EU”, which was carried out by the ASSER International Sports Law Centre (T.M.C. Asser Institute) and the Institute for Information Law (University of Amsterdam). 

The study critically examines the legal protection of rights to sports events (sports organisers’ rights) and various issues regarding their commercial exploitation in the field of media and sports betting, both from a national and EU law perspective.  

In a number of posts, we will highlight some of the key findings of the study. 


“It was Hyde, after all, and Hyde alone, that was guilty.” 


In recent years, numerous national and European sports organisers have called for the adoption of a specific right to consent to the organisation of bets (“right to consent to bets”), by virtue of which no betting operator could offer bets on a sports event without first entering into a contractual agreement with the organiser. More...



Five Years UEFA Club Licensing Benchmarking Report – A Report on the Reports. By Frédérique Faut, Giandonato Marino and Oskar van Maren

Last week, UEFA, presented its annual Club Licensing Benchmark Report, which analyses socio-economic trends in European club football. The report is relevant in regard to the FFP rules, as it has been hailed by UEFA as a vindication of the early (positive) impact of FFP. This blog post is a report on the report. We go back in time, analysing the last 5 UEFA Benchmarking Reports, to provide a dynamic account of the reports findings. Indeed, the 2012 Benchmarking Report, can be better grasped in this context and longer-lasting trends be identified.More...

The EU State aid and Sport Saga – Setting the scene

The last years has seen the European Commission being put under increasing pressure to enforce EU State aid law in sport. For example, numerous Parliamentary questions have been asked by Members of the European Parliament[1] regarding alleged State aid to sporting clubs.  In reply to this pressure, on 21 March 2012, the European Commission, together with UEFA, issued a statement. More...

FFP for Dummies. All you need to know about UEFA’s Financial Fair Play Regulations.

Football-wise, 2014 will not only be remembered for the World Cup in Brazil. This year will also determine the credibility of UEFA’s highly controversial Financial Fair Play (FFP) Regulations. The FFP debate will soon be reaching a climax, since up to 76 European football clubs are facing sanctions by the UEFA Club Financial Control Body (CFCB). More...

Prof. Weatherill's lecture on : Three Strategies for defending 'Sporting Autonomy'

On 10 April, the ASSER Sports Law Centre had the honour of welcoming Prof. Weatherill (Oxford University) for a thought-provoking lecture.

In his lecture, Prof. Weatherill outlined to what extent the rules of Sports Governing Bodies enjoy legal autonomy (the so-called lex sportiva) and to what extent this autonomy could be limited by other fields of law such as EU Law. The 45 minutes long lecture lays out three main strategies used in different contexts (National, European or International) by the lex sportiva to secure its autonomy. The first strategy, "The contractual solution", relies on arbitration to escape the purview of national and European law. The second strategy, is to have recourse to "The legislative solution", i.e. to use the medium of national legislations to impose lex sportiva's autonomy. The third and last strategy - "The interpretative or adjudicative solution"- relies on the use of interpretation in front of courts to secure an autonomous realm to the lex sportiva


Enjoy!


 

Tapping TV Money: Players' Union Scores A Goal In Brazil. By Giandonato Marino

On March 27, 2014, a Brazilian court ruling authorized the Football Players’ Union in the State of Sao Paulo[1] to tap funds generated by TV rights agreements destined to a Brazilian Club, Comercial Futebol Clube (hereinafter “Comercial”). The Court came to this decision after Comercial did not comply with its obligation  to pay players’ salaries. It is a peculiar decision when taking into account the global problem of clubs overspending and not complying with their financial obligations.  Furthermore, it could create a precedent for future cases regarding default by professional sporting clubs.

More...

International transfers of minors: The sword of Damocles over FC Barcelona’s head? by Giandonato Marino and Oskar van Maren

In the same week that saw Europe’s best eight teams compete in the Champions League quarter finals, one of its competitors received such a severe disciplinary sanction by FIFA that it could see its status as one of the world’s top teams jeopardized. FC Barcelona, a club that owes its success both at a national and international level for a large part to its outstanding youth academy, La Masia, got to FIFA’s attention for breaching FIFA Regulations on international transfers of minors. More...

Athletes = Workers! Spanish Supreme Court grants labour rights to athletes

Nearly twenty years after the European Court of Justice declared in the Bosman case that all professional athletes within the EU were given the right to a free transfer at the end of their contracts, the Spanish Tribunal Supremo[1] provided a judgment on 26 March 2014 that will heighten a new debate on the rights of professional athletes once their contract expires.

More...

Welcome to the ASSER International Sports Law Blog!

Dear Reader,

Today the ASSER International Sports Law Centre is very pleased to unveil its new blog. Not so surprisingly, it will cover everything you need to know on International Sports Law: Cases, Events, Publications. It will also feature short academic commentaries on "hot topics".

This is an interactive universe. You, reader, are more than welcome to engage with us via your comments on the posts, or a message through the contact form (we will answer ASAP).

This is an exciting development for the Centre, a new dynamic way to showcase our scholarly output and to engage with the sports law world. We hope you will enjoy it and that it will push you to come and visit us on our own playing field in The Hague.

With sporting regards,

The Editors


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

Human Rights Protection and the FIFA World Cup: A Never-Ending Match? - By Daniela Heerdt

Editor’s note: Daniela Heerdt is a PhD candidate 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 recently published an article in the International Sports Law Journal that discusses to what extent the revised bidding and hosting regulations by FIFA, the IOC and UEFA strengthen access to remedy for mega-sporting events-related human rights violations.


The 21st FIFA World Cup is currently underway. Billions of people around the world follow the matches with much enthusiasm and support. For the time being, it almost seems forgotten that in the final weeks leading up to the events, critical reports on human rights issues related to the event piled up. This blog explains why addressing these issues has to start well in advance of the first ball being kicked and cannot end when the final match has been played. More...



Call for papers: Annual International Sports Law Conference of the International Sports Law Journal - 25 & 26 October - Asser Institute, The Hague

 Call for papers: Annual International Sports Law Conference of the International Sports Law Journal

Asser Institute, The Hague

25 and 26 October 2018

The editorial board of the International Sports Law Journal (ISLJ) is inviting you to submit abstracts for its second ISLJ Annual Conference on International Sports Law, which will take place on 25 and 26 October at the Asser Institute in The Hague. The ISLJ published by Springer in collaboration with Asser Press is the leading academic publication in the field of international sports law. Its readership includes academics and many practitioners active in the field. This call is open to researchers as well as practitioners. 

We are also delighted to announce that Prof. Franck Latty (Université Paris Nanterre), Prof. Margareta Baddeley (Université de Genève), and Silvia Schenk (member of FIFA’s Human Rights Advisory Board) have confirmed their participation as keynote speakers.

Abstracts could, for example, tackle questions linked to the following international sports law subjects:

  • The interaction between EU law and sport
  • Antitrust and sports regulation
  • International sports arbitration (CAS, BAT, etc.)
  • The functioning of the world anti-doping system (WADA, WADC, etc.)
  • The global governance of sports
  • The regulation of mega sporting events (Olympics, FIFA World Cup, etc.)
  • The transnational regulation of football (e.g. the operation of the FIFA Regulations on the Status and Transfer of Players or the UEFA Financial Fair Play Regulations)
  • The global fight against corruption in sport  
  • Comparative sports law
  • Human rights in sport 

Please send your abstract (no more than 300 words) and CV no later than 30 April 2018 to a.duval@asser.nl. Selected speakers will be informed by 15 May.

The selected participants will be expected to submit a draft paper by 1 September 2018. All papers presented at the conference are eligible for publication in a special edition of the ISLJ.  To be considered for inclusion in the conference edition of the journal, the final draft must be submitted for review by 15 December 2018.  Submissions after this date will be considered for publication in later editions of the Journal.

The Asser Institute will cover one night accommodation for the speakers and will provide a limited amount of travel grants (max. 300€). If you wish to be considered for a grant please justify your request in your submission. 

Stepping Outside the New York Convention - Practical Lessons on the Indirect Enforcement of CAS-Awards in Football Matters - By Etienne Gard

Editor’s Note: Etienne Gard graduated from the University of Zurich and from King's College London. He currently manages a project in the field of digitalization with Bratschi Ltd., a major Swiss law firm where he did his traineeship with a focus in international commercial arbitration.

1. Prelude

On the 10th of June, 1958, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, widely known as the “New York Convention”, was signed in New York by 10 countries.[1] This rather shy figure progressively grew over the decades to now reach 157 signatory countries, turning the New York Convention into the global recognition and enforcement instrument it is today. As V.V. Veeder’s puts it, “One English law lord is said to have said, extra judicially, that the New York Convention is both the Best Thing since sliced bread and also whatever was the Best Thing before sliced bread replaced it as the Best Thing.”[2]

However, among the overall appraisal regarding the New York Convention, some criticisms have been expressed. For instance, some states use their public policy rather as a pretext not to enforce an award than an actual ground for refusal.[3]  A further issue is the recurring bias in favor of local companies.[4] Additionally, recognition and enforcement procedures in application of the New York Convention take place in front of State authorities, for the most part in front of courts of law, according to national proceeding rules. This usually leads to the retaining of a local law firm, the translation of several documents, written submissions and one, if not several hearings. Hence, the efficiency of the New York Convention as a recognition and enforcement mechanism comes to the expense of both money and time of both parties of the arbitral procedure.

In contrast with the field of commercial arbitration, where the New York Convention is often considered the only viable option in order to enforce an award, international football organizations, together with the Court of Arbitration for Sport (“CAS”), offer an effective enforcement alternative. This article aims at outlining the main features of the indirect enforcement of CAS awards in football matters in light of a recent case. More...



The International Partnership against Corruption in Sport (IPACS) and the quest for good governance: Of brave men and rotting fish - By Thomas Kruessmann

Editor's note: Prof. Thomas Kruessmann is key expert in the EU Technical Assistant Project "Strengthening Teaching and Research Capacity at ADA University" in Baku (Azerbaijan). At the same time, he is co-ordinator of the Jean-Monnet Network "Developing European Studies in the Caucasus" with Skytte Institute of Political Studies at the University of Tartu (Estonia).


The notion that “fish rots from the head down” is known to many cultures and serves as a practical reminder on what is at stake in the current wave of anti-corruption / integrity and good governance initiatives. The purpose of this blog post is to provide a short update on the recent founding of the International Partnership against Corruption in Sport (IPACS), intermittently known as the International Sports Integrity Partnership (IPAS), and to propose some critical perspectives from a legal scholar’s point of view.

During the past couple of years, the sports world has seen a never-ending wave of corruption allegations, often followed by revelations, incriminations and new allegation. There are ongoing investigations, most notably in the United States where the U.S. Department of Justice has just recently intensified its probe into corruption at the major sports governing bodies (SGBs). By all accounts, we are witnessing only the tip of the iceberg. And after ten years of debate and half-hearted reforms, there is the widespread notion, as expressed by the Council of Europe’s (CoE’s) Parliamentary Assembly (PACE) Resolution 2199/2018 that “the sports movement cannot be left to resolve its failures alone”. More...



International and European Sports Law – Monthly Report – January 2018 - By Tomáš Grell

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 

Anti-doping whereabouts requirements declared compatible with the athletes' right to privacy and family life

On 18 January 2018, the European Court of Human Rights rendered a judgment with important consequences for the world of sport in general and the anti-doping regime in particular. The Strasbourg-based court was called upon to decide whether the anti-doping whereabouts system – which requires that a limited number of top elite athletes provide their National Anti-Doping Organisation or International Federation with regular information about their location, including identifying for each day one specific 60-minute time slot where the athlete will be available for testing at a pre-determined location – is compatible with the athletes' right to private and family life under Article 8 of the European Convention on Human Rights and their freedom of movement pursuant to Article 2 Protocol No. 4 of the Convention. The case was brought by the French cyclist Jeannie Longo and five French athlete unions that had filed their application on behalf of 99 professional handball, football, rugby, and basketball players.

While acknowledging that the whereabouts requirements clash with the athletes' right to private and family life, the judges took the view that such a restriction is necessary in order to protect the health of athletes and ensure a level playing field in sports competitions. They held that ''the reduction or removal of the relevant obligations would lead to an increase in the dangers of doping for the health of sports professionals and of all those who practise sports, and would be at odds with the European and international consensus on the need for unannounced testing as part of doping control''. Accordingly, the judges found no violation of Article 8 of the Convention and, in a similar vein, ruled that Article 2 Protocol No. 4 of the Convention was not applicable to the case.

 

Football stakeholders preparing to crack down on agents' excessive fees

It has been a record-breaking January transfer window with Premier League clubs having spent an eye-watering £430 million on signing new acquisitions. These spiralling transfer fees enable football agents, nowadays also called intermediaries, to charge impressive sums for their services. However, this might soon no longer be the case as the main stakeholders in European football are preparing to take action. UEFA, FIFPro, the European Club Association and the European Professional Football Leagues acknowledge in their joint resolution that the 2015 FIFA Regulations on Working with Intermediaries failed to address serious concerns in relation to the activities of intermediaries/agents. They recognise in broad terms that a more effective regulatory framework is needed and call among other things for a reasonable and proportionate cap on fees for intermediaries/agents, enhanced transparency and accountability, or stronger provisions to protect minors.

 

The CAS award in Joseph Odartei Lamptey v. FIFA 

On 15 January 2018, FIFA published on its website an arbitral award delivered on 4 August 2017 by the Court of Arbitration for Sport (CAS) in the dispute between the Ghanian football referee Joseph Odartei Lamptey and FIFA. The CAS sided with FIFA and dismissed the appeal filed by Mr Lamptey against an earlier decision of the FIFA Appeal Committee which (i) found him to have violated Article 69(1) of the FIFA Disciplinary Code as he unlawfully influenced the 2018 World Cup qualifying match between South Africa and Senegal that took place on 12 November 2016; (ii) as a consequence, banned him for life from taking part in any football-related activity; and (iii) ordered the match in question to be replayed. In reaching its conclusion, the CAS relied heavily on multiple reports of irregular betting activities that significantly deviated from usual market developments.  More...


Towards a Suitable Policy Framework for Cricket Betting in India - By Deeksha Malik

Editor's note: Deeksha Malik is a final-year student at National Law Institute University, India. Her main interest areas are corporate law, arbitration, and sports law. She can be reached at dkshmalik726@gmail.com.


In 2015, while interrogating cricketer Sreesanth and others accused in the IPL match-fixing case, Justice Neena Bansal, sitting as Additional Sessions Judge, made the following observations as regards betting on cricket matches.

“Cricket as a game of skill requires hand-eye-coordination for throwing, catching and hitting. It requires microscopic levels of precision and mental alertness for batsmen to find gaps or for bowlers to produce variety of styles of deliveries’ (medium pace, fast, inswing, outswing, offspin, legspin, googly). The sport requires strategic masterminds that can select the most efficient fielding positions for piling pressure on the batsmen. Based on above description, cricket cannot be described anything, but as a game of skill.”

The debate on the issue of betting in sports has since resurfaced and gained the attention of sportspersons, media, sports bodies, policymakers, and the general public. In April 2017, the Supreme Court bench comprising of Justices Dipak Misra and AM Khanwilkar agreed to hear a public interest litigation (PIL) seeking an order directing the government to come up with an appropriate framework for regulating betting in sports. The arguments put forth in the PIL present various dimensions. One of these pertains to economic considerations, a submission that regulated betting would be able to generate annual revenue of Rs. 12,000 crores by bringing the earnings therefrom within the tax net. As for policy considerations, it was submitted that a proper regulation in this area would enable the government to distinguish harmless betting from activities that impair the integrity of the game such as match-fixing. Further, betting on cricket matches largely depends on the skill of the concerned players, thereby distinguishing it from pure chance-based activities.

The issue of sports betting witnesses a divided opinion till this day. This is understandable, for both sides to the issue have equally pressing arguments. Aside from its regulation being a daunting task for authorities, sports betting is susceptible to corruption and other unscrupulous activities. At the same time, it is argued that it would be better for both the game and the economy if the same is legalised. More...


International and European Sports Law – Monthly Report – December 2017. By Tomáš Grell

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 

The International Skating Union's eligibility rules declared incompatible with EU competition law

On 8 December 2017, the European Commission announced that it had rendered a decision in the case against the International Skating Union (ISU). The Commission upheld the complaint lodged in October 2015 by two Dutch professional speed skaters Mark Tuitert and Niels Kerstholt, represented in this case by Ben Van Rompuy and Antoine Duval (you can read their joint statement here), and ruled that the ISU's eligibility rules preventing athletes from participating in speed skating competitions not approved by the ISU under the threat of severe penalties are in violation of EU competition law. In particular, the Commission held that these rules restrict the commercial freedom of (i) athletes who may be deprived of additional source of income as they are not allowed to participate in speed skating competitions other than those authorised by the ISU; and (ii) independent organisers who are unable to attract top athletes. And while the Commission recognised that sporting rules with restrictive effects might be compatible with EU law if they pursue a legitimate objective such as the protection of athletes' health and safety or the protection of the integrity and proper conduct of sport, it found that the ISU's eligibility rules pursue only its own commercial interests to the detriment of athletes and independent organisers of speed skating competitions. The ISU eventually escaped financial sanctions, but it must modify or abolish its eligibility rules within 90 days; otherwise it would be liable for non-compliance payments of up to 5% of its average daily turnover. For more information on this topic, we invite you to read our recent blog written by Professor Stefano Bastianon.

 

The International Olympic Committee bans Russia from the upcoming Winter Olympic Games

The world has been waiting impatiently for the International Olympic Committee's (IOC) decision on the participation of Russian athletes in the upcoming 2018 Winter Olympic Games in Pyeongchang. This was finally communicated on 5 December 2017. Having deliberated on the findings of the Schmid Commission, the IOC Executive Board decided to suspend the Russian Olympic Committee with immediate effect, meaning that only those Russian athletes who demonstrate that they had not benefited from the state-sponsored doping programme will be able to participate in the Games. Such clean athletes will be allowed to compete under the Olympic Flag, bearing the name 'Olympic Athlete from Russia (OAR)' on their uniforms. Further to this, the IOC Executive Board sanctioned several officials implicated in the manipulation of the anti-doping system in Russia, including Mr Vitaly Mutko, currently the Deputy Prime Minister of Russia and formerly the Minister of Sport. Mounting public pressure subsequently forced Mr Mutko to step down as head of the Local Organising Committee for the 2018 FIFA World Cup.

Meanwhile, 21 individual Russian athletes were sanctioned (see here, here, here, and here) in December (in addition to 22 athletes in November) by the IOC Oswald Commission that is tasked with investigating the alleged doping violations by Russian athletes at the 2014 Winter Olympic Games in Sochi. The Oswald Commission also published two full decisions in the cases against Evgeny Belov and Aleksandr Tretiakov who were both banned from all future editions of the Games. It is now clear that the Court of Arbitration for Sport will have quite some work in the coming weeks as the banned athletes are turning to this Swiss-based arbitral tribunal to have their sanctions reviewed (see here and here).

 

Universal Declaration of Player Rights

14 December 2017 was a great day for athletes all over the globe. On this day, representatives of the world's leading player associations met in Washington D.C. to unveil the Universal Declaration of Player Rights, a landmark document developed under the aegis of the World Players Association that strives to protect athletes from ongoing and systemic human rights violations in global sport. The World Players Association's Executive Director Brendan Schwab emphasised that the current system of sports governance ''lacks legitimacy and fails to protect the very people who sit at the heart of sport'' and stated that ''athlete rights can no longer be ignored''. Among other rights, the Declaration recognises the right of athletes to equality of opportunity, fair and just working conditions, privacy and the protection of personal data, due process, or effective remedy.

 

Chris Froome failed a doping test during the last year's Vuelta a España

The world of cycling suffered yet another blow when it transpired that one of its superstars Chris Froome had failed a doping test during the last year's Vuelta a España, a race he had eventually emerged victorious from for the first time in his career. His urine sample collected on 7 September 2017 contained twice the amount of salbutamol, a medication used to treat asthma, than permissible under the World Anti-Doping Agency's 2017 Prohibited List. Kenyan-born Froome has now hired a team of medical and legal experts to put forward a convincing explanation for the abnormal levels of salbutamol in his urine and thus to avoid sanctions being imposed on him. More...

The ISU Commission's Decision and the Slippery Side of Eligibility Rules - By Stefano Bastianon (University of Bergamo)

Editor’s note: Stefano Bastianon is Associate Professor in European Law at the University of Bergamo and lawyer admitted to the Busto Arsizio bar. He is also member of the IVth Division of the High Court of Sport Justice (Collegio di Garanzia dello sport) at the National Olympic Committee.

1. From the very beginning, the outcome of the ISU case was highly predictable, at least for those who are familiar with the basics of antitrust law. Nevertheless, more than twenty years after the Bosman judgment, the sports sector has shown the same shortsightedness and inability to see the forest for the trees. Even this attitude was highly predictable, at least for those who know the basics of sports governance. The final result is a clear-cut decision capable of influencing the entire sports movement. More...



Human Rights as Selection Criteria in Bidding Regulations for Mega-Sporting Events – Part II: FIFA and Comparative Overview – By Tomáš Grell

The first part of this two-part blog examined the new bidding regulations adopted by the IOC and UEFA, and concluded that it is the latter who gives more weight to human rights in its host selection process. This second part completes the picture by looking at FIFA's bidding regulations for the 2026 World Cup. It goes on to discuss whether human rights now constitute a material factor in evaluating bids to host the mega-sporting events organised by these three sports governing bodies. More...

Human Rights as Selection Criteria in Bidding Regulations for Mega-Sporting Events – Part I: IOC and UEFA – By Tomáš Grell

Editor’s note: Tomáš Grell holds an LL.M. in Public International Law from Leiden University. He contributes to the work of the ASSER International Sports Law Centre as a research intern.


It has been more than seven years since the FIFA Executive Committee awarded the 2022 World Cup to Qatar. And yet only in November 2017 did the Qatari government finally agree to dismantle the controversial kafala system, described by many as modern-day slavery. Meanwhile, hundreds of World Cup-related migrant workers have reportedly been exposed to a wide range of abusive practices such as false promises about the pay, passport confiscation, or appalling working and living conditions.[1] On top of that, some workers have paid the highest price – their life. To a certain extent, all this could have been avoided if human rights had been taken into account when evaluating the Qatari bid to host the tournament. In such a case, Qatar would not have won the bidding contest without providing a convincing explanation of how it intends to ensure that the country's poor human rights record will not affect individuals, including migrant workers, contributing to the delivery of the World Cup. An explicit commitment to abolish the kafala system could have formed an integral part of the bid.

Urged by Professor John Ruggie and his authoritative recommendations,[2] in October 2017 FIFA decided to include human rights within the criteria for evaluating bids to host the 2026 World Cup, following similar steps taken earlier this year by the International Olympic Committee (IOC) and UEFA in the context of the Olympic Winter Games 2026 and the Euro 2024 respectively. This two-part blog critically examines the role human rights play in the new bidding regulations adopted by the IOC, UEFA, and FIFA. The first part sheds light on the IOC and UEFA. The second part then takes a closer look at FIFA and aims to use a comparative analysis to determine whether the new bidding regulations are robust enough to ensure that selected candidates abide by international human rights standards.More...


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

A World Cup Without the World? How Trump’s Travel Ban Contradicts FIFA’s Values - By Rasoul Rahmani

Editor's note: Rasoul Rahmani is a PhD Candidate at the Faculty of Law, University of Turku, Finland. His doctoral research examines sports governance and human rights, with a focus on how EU law, particularly recent CJEU rulings, is reshaping the autonomy of sports governing bodies and the institutional implications of these developments.

 

The Ban and Its Expansion

On 4 June 2025, President Donald Trump imposed sweeping entry restrictions on nationals from 12 countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. The proclamation made clear that “these restrictions distinguish between, but apply to both, the entry of immigrants and non-immigrants”; including those traveling on visitor visas for business and tourism, precisely the category under which World Cup fans would enter the United States.

The President invoked his Executive Order of 20 January 2025, which declared it “the policy of the United States to protect its citizens from aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws for malevolent purposes.”[1] Alongside these complete bans, he imposed partial restrictions on seven additional countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

The restrictions expanded drastically on 16 December 2025. Five more nations joined the fully banned list; Burkina Faso, Mali, Niger, South Sudan, and Syria along with individuals holding Palestinian Authority-issued travel documents. Laos and Sierra Leone were upgraded from partial to full bans. Most significantly, 15 countries were added to the partial restriction category: Angola, Antigua and Barbuda, Benin, Côte d'Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.

By December 2025, the travel restrictions encompassed 39 countries plus Palestinian Authority passport holders; a staggering expansion of barriers to entry for what is supposed to be a celebration of global unity. 


One Billion People Locked Out

The scale of exclusion is breathtaking. According to the latest population data, the fully banned countries represent 479.3 million people. The partially restricted nations account for another 537.6 million. Combined, over 1.017 billion people, more than one-eighth of the world’s population, face barriers to entering the World Cup’s primary host nation.

This mass exclusion stands in jarring contradiction to FIFA President Gianni Infantino’s repeated promises that 2026 would be “the greatest and most inclusive FIFA World Cup in history”; a World Cup  which is projected to have 6.5 million attendees in the host countries. The tournament expanded from 32 to 48 teams precisely to embrace more of the world. Yet as the field grew more diverse, the host country’s doors slammed shut.

Of the 42 nations already qualified for World Cup 2026, four face direct impact  from Trump’s restrictions. Iran and Haiti, home to 104.1 million people combined, are under full entry bans. Côte d'Ivoire and Senegal, representing 47.9 million people, face partial restrictions. Among the nations competing for the remaining six spots, Iraq (full ban) and DR Congo (partial restriction) could also qualify, potentially raising the total to six affected teams.

The geographic reality compounds the problem. Of the tournament’s 104 matches, the United States will host 78, while Mexico and Canada together host only 26. For fans from banned or restricted countries, only the handful of matches in Toronto, Vancouver, Mexico City, Guadalajara, and Monterrey remain accessible. The vast majority of the World Cup, including likely knockout rounds in American cities, will be beyond their reach.

The ban carves out exemptions for athletes, coaches, and support staff  competing in “major” events like the World Cup and the 2028 Olympics. But fans, athletes’ families, and journalists receive no such consideration. Iranian supporters, who brought 20,000 passionate voices to Qatar 2022, now face a dream deferred. Haiti’s vibrant fan base, a joyful presence at the 2023 Women’s World Cup, finds itself similarly sidelined. The policy creates a two-tier system: the teams can play, but their people cannot watch.


FIFA’s Hollow Response

In a carefully choreographed White House meeting attended by President Donald Trump and FIFA President Gianni Infantino, the U.S. Department of State unveiled the FIFA Priority Appointment Scheduling System, dubbed "FIFA PASS", for World Cup 2026 ticket holders attending matches in the United States. The service promises every fan who purchases a ticket the opportunity to obtain a prioritized visa interview.

Yet this solution is nothing more than window dressing. While expedited interviews may help fans from unrestricted countries navigate bureaucracy more smoothly, it remains fundamentally unclear, and deliberately unaddressed, how the system would function for passport holders from the 39 banned or restricted nations. A faster path to rejection is no path at all.

Contrast FIFA’s tepid response with the International Olympic Committee’s principled stand when faced with a comparable situation (not identical). When Indonesia denied visas to Israeli athletes and officials for the 53rd FIG Artistic Gymnastics World Championships in October 2025, the IOC responded with immediate, forceful condemnation. The organization expressed “great concern” and “regret,” emphasizing that “all eligible athletes, teams and sports officials must be able to participate in international sports competitions and events without any form of discrimination from the host country, in accordance with the Olympic Charter and the fundamental principles of non-discrimination, autonomy and political neutrality.”[2] The message was unambiguous: violate the principles of inclusive access for athletes and support staff, and you forfeit the privilege of hosting.

The comparison to Indonesia is instructive not because the violations are identical-they are not- but because both cases involve host nations imposing discriminatory entry barriers that undermine the inclusive, global nature of international sporting competitions. Indonesia’s complete ban on Israeli participants was more severe in scope; America’s ban affects fans and journalists rather than athletes. Yet both violate the same fundamental principle: that major sporting events should be accessible to all eligible participants and their supporters without discrimination based on nationality.

The IOC treated Indonesia’s violation as a serious breach of Olympic principles requiring immediate consequences. FIFA, by contrast, has treated the U.S. ban as a non-issue warranting no public comment, let alone corrective action. The different responses reveal not different principles, but different calculations about which hosts can be challenged and which cannot.


A Friendship More Valuable Than Principles

FIFA’s paralysis becomes comprehensible when viewed through the lens of Gianni Infantino’s relationship with Donald Trump. Since assuming the FIFA presidency in February 2016, Infantino has cultivated an unusually close bond with the American leader. He has been a frequent White House visitor throughout Trump’s presidencies, their meetings marked by mutual praise and conspicuous displays of camaraderie.

Independent human rights organizations have repeatedly accused Infantino of violating FIFA’s duty of political neutrality. The most egregious example came in December 2025, when FIFA awarded its inaugural Peace Prize to Trump, a sitting political leader presiding over the very policies that exclude a billion people from accessing the World Cup. According to media reports, the FIFA Council was not even consulted on this decision, suggesting it was Infantino’s personal initiative.

Human Rights Watch captured the absurdity with biting clarity: “FIFA’s so-called peace prize is being awarded against a backdrop of violent detentions of immigrants, national guard deployments in U.S. cities, and the obsequious cancellation of FIFA’s own.” anti-racism and anti-discrimination campaigns

That last point deserves emphasis. At the Club World Cup held in the United States in summer 2025, FIFA conspicuously dropped its anti-racism messaging, the very campaigns it had championed at Qatar 2022, where it backed “no discrimination” armbands and introduced enhanced disciplinary codes “to fight racism more efficiently and decisively.” The sudden abandonment of these principles on American soil suggests a troubling calculation: FIFA’s values are negotiable depending on the host’s political sensitivities.

Most damning of all, this close relationship has produced no tangible benefits for the fans Trump’s policies exclude. Both Iran and Haiti, the two fully banned qualified teams, will play all their group stage matches in U.S. cities, not in Canada or Mexico. If Infantino’s friendship with Trump held any real value for the sport, surely it would manifest in exemptions for fans whose teams earned their place on the pitch. Instead, the friendship appears entirely one-directional: FIFA accommodates Trump’s preferences while receiving nothing in return for football’s global community.

The uncomfortable truth is that Infantino seems unwilling to risk his personal relationship with Trump by publicly criticizing policies that fundamentally contradict FIFA’s stated mission. In this calculation, diplomatic access to the White House trumps the organization’s commitment to inclusion, non-discrimination, and the unifying power of football.


Violating FIFA’s Own Statutes

The travel ban does not merely contradict FIFA’s rhetoric; it directly violates the organization’s foundational legal documents. Article 3 of the FIFA Statutes declares: “FIFA is committed to respecting all internationally recognised human rights and shall strive to promote the protection of these rights.” The commitment is absolute, not conditional on political convenience.

Article 4 goes further, stating that “discrimination of any kind against a country, private person or group of people on account of race, skin colour, language, religion, politics, national or social origin, property, birth or any other status is strictly prohibited and punishable by suspension or expulsion.” As pointed out by the HRW, the language could hardly be clearer: discrimination based on national origin is not just discouraged, it is grounds for the most severe penalties FIFA can impose.

Article 2a and 2g establishes FIFA’s fundamental objectives, including promoting football “in the light of its unifying, educational, cultural and humanitarian values” and preventing “all methods or practices which might jeopardise the integrity of matches, competitions, players, officials and member associations”.[3] A World Cup where qualified teams’ players’ families, supporters, and journalists cannot attend matches, as they are not included in U.S. entry exemptions, fundamentally jeopardizes the competition’s integrity in several interconnected ways. Firstly, the absence of supporters and families strips matches of their cultural and emotional meaning, turning them into hollow simulations rather than genuine contests between nations. Secondly, banning some fans while allowing others creates unfair competitive imbalances unrelated to sporting merit. Thirdly, excluding journalists from affected countries undermines transparent coverage. Finally, excluding vast populations from attending erodes the tournament’s moral and symbolic legitimacy.

FIFA’s Human Rights Policy and the FIFA World Cup 2026 Human Rights Framework reinforce these commitments. The Framework explicitly commits all host cities to stage the tournament “guided by the United Nations Guiding Principles on Business and Human Rights” and in line with FIFA’s Human Rights Policy. As mentioned by the Human Rights Watch letter to FIFA, the current United States immigration policies “directly contradict FIFA’s stated values of human rights, inclusion and global participation.”

FIFA itself has stated that “its position on inclusivity and the protection of human rights is unequivocal, and clearly laid out in the FIFA Statutes.” The organization has historically enforced these standards on host nations. During the World Cup 2022, Qatar was subjected to sustained scrutiny and pressure[4] and FIFA ensured the host became fully aware of its responsibility to adhere “to FIFA’s human rights and non-discrimination, equality and neutrality statutes, and committed to do so.” Yet for the United States, a far larger market and a more powerful political entity, FIFA has issued no such reminders, made no such demands, extracted no such commitments.[5] The double standard is glaring. 


The Hypocrisy of Selective Enforcement

FIFA presents itself as a neutral guardian of football’s “fundamental principles,” committed to human rights, unity, and the integrity of the game. Yet its recent decisions reveal a far less principled reality. From the intense moral scrutiny imposed on smaller or geopolitically weaker host nations to the striking restraint shown toward powerful Western states, FIFA’s enforcement of its own standards appears deeply selective. This pattern raises a troubling question: are FIFA’s rules applied universally, or are they calibrated according to political influence, economic power, and market value?

FIFA presents itself as a neutral guardian of football’s “fundamental principles,” committed to human rights, unity, and the integrity of the game. Yet its recent decisions reveal a far less principled reality: a pattern of enforcement that scholars have characterized as operating through “modern human rights frameworks [that are] (largely) Western-led and controlled.”[6] From the intense moral scrutiny imposed on smaller or geopolitically weaker host nations to the striking restraint shown toward powerful Western states, FIFA’s application of its own standards appears calibrated according to political influence rather than universal principles. The contrast between FIFA’s treatment of Qatar 2022 and the United States 2026 exemplifies this troubling inconsistency.

After awarding FIFA World Cup 2022 to Qatar, the Gulf state faced unprecedented international scrutiny. Human rights organizations, media outlets, and civil society groups subjected Qatar to relentless and enormous pressure, focusing on migrant labour conditions, with critics characterizing the kafala system as amounting to forced labour and accusing Qatar of being a slave state,[7] as well as LGBTQ+ rights and restrictions on alcohol consumption. While FIFA initially awarded Qatar the tournament in 2010 without imposing human rights conditions, years of sustained external pressure from the International Labour Organization, Human Rights Watch, Amnesty International, and other actors eventually prompted reforms. Qatar became the first Gulf nation to abolish the kafala system, introduce minimum wages, and permit limited trade union activity.[8]

However, such level of moral examination rarely applied to Western hosts. Much of this criticism was justified, but where is the equivalent systematic pressure on the United States, a nation with its own well-documented issues regarding migrant treatment, labour rights, and systemic discrimination, and recent immigration policies that exclude a billion people from accessing the tournament?

The answer is uncomfortable but obvious: the U.S. market is too valuable to jeopardize. American broadcasting rights, sponsorship revenues, and political influence make confrontation unthinkable for FIFA’s leadership. 

This selectivity extends beyond host nation oversight. When Russia invaded Ukraine in February 2022, FIFA condemnedthe use of force by Russia and any type of violence that same day. Four days later, on 28 February 2022, FIFA and UEFA jointly suspended Russian teams from all competitions. Notably, FIFA framed its justification narrowly, citing force majeure and competition integrity[9] rather than human rights violations or illegal war. The response demonstrated that FIFA possesses the will and the mechanisms to act decisively when a geopolitical crisis threatens football’s integrity and continuity.

No similar urgency has materialized regarding U.S. entry restrictions that exclude fans from qualified and non-qualified teams, despite the direct contradiction with FIFA’s statutory commitments. The inconsistency suggests that FIFA’s enforcement of its principles depends less on their violation than on the violator’s geopolitical influence.

When European football associations and UN experts called for action against Israel over its conduct in Gaza and treatment of Palestinian football, FIFA appealed to vague notions of “unity” and avoided substantive measures: “FIFA cannot solve geopolitical problems.”  In September 2025, the Trump administration, through its Secretary of State intervened directly to prevent Israel’s suspension, with a spokesperson declaring: We will absolutely work “to fully stop any effort to attempt to ban Israel’s national soccer team from the World Cup.”

The message is unmistakable: FIFA’s “fundamental principles” are enforced selectively, calibrated to the political power and market value of the nations involved. Russia can be excluded swiftly; the United States cannot be challenged at all. Smaller nations face stringent human rights requirements; powerful Western states receive diplomatic silence even when their policies directly contradict FIFA’s own statutes.

This pattern raises a fundamental question: is FIFA an independent governing body committed to universal principles, or does it operate within, and defer to, the framework of Western political and economic power? The answer increasingly appears to be the latter.


A Call to Action

This situation demands a response; from FIFA, from fans, and from the global football community. But these responses must take different forms, leveraging different sources of power and accountability. 

  • FIFA’s Institutional Obligations

FIFA must break its silence. The Statutes are not suggestions; they are binding commitments with enforcement mechanisms. FIFA must publicly demand that the United States provide exemptions for World Cup fans especially from all qualified nations, regardless of broader immigration policies. This is defending the integrity of FIFA’s own tournament and honouring commitments made when awarding hosting rights.

The goal is not perfect equality of access; economic disparities will always mean that wealthier fans travel more easily than those with fewer resources. What FIFA must ensure is equality in principle: that fans holding legitimate tickets face no discriminatory barriers based solely on their nationality.

If the United States refuses to provide such exemptions, FIFA must be prepared to impose consequences. At least FIFA could relocate affected teams’ matches to Canadian or Mexican venues, ensuring their supporters can attend. It could reduce the number of matches hosted by U.S. cities that fail to guarantee fan access. At minimum, it must publicly document the violation of hosting commitments and ensure this factors into future hosting decisions.

FIFA must also address a fundamental question for its governance framework: Should nations be awarded hosting rights if their immigration policies preclude the inclusive, non-discriminatory access that FIFA’s own statutes require? The organization needs clear, enforceable criteria that apply equally to all candidates, regardless of their geopolitical power or market value. The current situation demonstrates the dangers of awarding tournaments without such safeguards.

National federations, particularly those from affected countries, should formally petition FIFA to address this access crisis through official channels. Player unions can lend their institutional weight to these demands. Media coverage must continue highlighting the contradiction between FIFA’s rhetoric and its complicity through silence. These institutional pressures, channelled through formal FIFA structures, represent the proper mechanisms for holding the organization accountable to its own rules.

  • Beyond Institutions: A Fan-Led Protest

Yet even as we demand that FIFA fulfil its obligations, we cannot wait passively for institutional action that may never come. Fans themselves possess a powerful tool: visibility.

When Iran, Haiti, Côte d'Ivoire, or Senegal takes the field in American stadiums, supporters of their opponents, and also neutrals who cherish football’s unifying spirit, should leave sections of seats conspicuously empty in solidarity. These vacant seats, broadcast to millions worldwide, would create an undeniable visual reminder of who is missing and why.

This is not a call for general boycott of the tournament, which would harm the very teams whose fans are excluded. Rather, it is a targeted, symbolic action: empty sections during specific matches as visible protest. Supporters’ groups could coordinate which sections to leave vacant, creating clear visual patterns that television cameras cannot ignore. Social media campaigns could explain the protest to global audiences, connecting the empty seats directly to the billion people locked out. It would demonstrate that football’s community rejects discrimination even when football’s governors tolerate it.

  • The Soul of the Game

The beautiful game has always transcended borders and brought together people whom politics seeks to divide. That is its soul, its magic, its moral authority.[10] By allowing Trump’s travel ban to stand unchallenged, FIFA acts in direct contradiction to the values it claims to uphold.

The question is whether those who truly love the game, players, fans, federations, will accept this silence, or whether they will demand that FIFA honour its own principles through every avenue available: formal institutional pressure and visible, grassroots action.

FIFA must use its leverage to ensure equal access in principle. Fans, in turn, must use both their presence and their strategic absence to demand accountability when FIFA fails to act.

The world is watching. The seats are waiting. What will we choose?


[1] Executive Order 14161 “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats”, 20 January 2025. Available at https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-united-states-from-foreign-terrorists-and-othernational-security-and-public-safety-threats/

 

[2] More importantly, IOC backed its words with action. Its Executive Board ended all dialogue with Indonesia’s National Olympic Committee regarding hosting future events and recommended that International Federations avoid holding competitions or meetings in the country until adequate guarantees were provided.

[3] FIFA Statutes (Edition August 2024), Articles 2a and 2g.

[4] “The many critiques of Qatar were mobilizing a range of rights-claims based in international treaties or conventions… . Simultaneously, similar claims were being advanced against FIFA for failing to abide by its responsibility to respect human rights. Ultimately, this advocacy and public pressure triggered legislative and policy changes in Qatar and at FIFA.” Antoine Duval & Daniela Heerdt, How the FIFA World Cup 2022 Changed Qatar: Playing the Game of Transnational Law on a Global Pitch, 24 German Law Journal 1677 (2023).

[5] “This contrast underscores how FIFA’s claim to neutrality in human rights matters is not a principled stance but a strategically deployed position that aligns with its broader governance model. When financial interests are involved, FIFA does not hesitate to intervene, demonstrating that it possesses the capacity and institutional mechanisms to enforce binding regulations when deemed necessary. Yet, when it comes to human rights, FIFA’s commitments often remain aspirational, non-binding, or selectively enforced.” Pedro José Jaén, Angeliki Bistaraki & Mathias Schubert, The Universal Game? Deconstructing FIFA’s Human Rights Discourse, The International Sports Law Journal (2025).

[6] Shubham Jain, Resistance and Reform as Responses to Human Rights Criticism: Relativism at FIFA World Cup Qatar 2022, 24 Ger. Law J. 1691, 1701 (2023).

[7] “Qatar’s migrant workers were literally put on the world’s agenda overnight. The number of publications mentioning Qatar and“migrant workers” issued by the four organizations shows, first, that Qatar’s migrant workers were of very marginal interest to them before 2010 and, second, that their reporting or advocacy on the issue picked up quickly after the attribution of the FIFA World Cup 2022.” Antoine Duval, Spectacular International Labor Law: Ambush Counter-Marketing In the Spotlight of Qatar’s 2022 FIFA World Cup, 24 German Law Journal 1712 (2023). 

[8] Jain, supra note 6 at 1696.

[9] The bureau pointed out that the participation of the Russian teams in these competitions posed potential disruptions due to the refusals of other national associations to play against them, security concerns, and overall uncertainty related to the conflict. See CAS 25 November 2022, 2022/A/8708 (Football Union of Russia v. Fédération Internationale de Football Association et al). 

*The legal justifications advanced by both FIFA and UEFA for the suspension of Russian teams “did not link the suspensions to the illegality of Russia’s war or the human rights violations committed by Russia’s armed forces.” A. Duval, FIFA and UEFA’s Reaction to Russia’s Invasion of Ukraine: How the Neutrality of Sport Survived the War, 3 Voetbal- & Sportjuridische Zaken (2023).

 

[10] David Goldblatt, The Ball Is Round: A Global History of Football 21–22 (2006).

Last Call - ISLJ Conference 2025 - Twenty years of the World Anti-Doping Code in action - Asser Institute - 6-7 November

Dear readers,

You can still join us (in-person or virtually) on Thursday 6 November and Friday 7 November for the 2025 International Sports Law Journal (ISLJ) Conference at the Asser Institute in The Hague. This year's edition of the ISLJ conference will focus on assessing the first 20 years (2004-2024) of operation of the World Anti-Doping Code (WADC) since its entry into force in 2004. It will also discuss its future prospects, in light of the new version of the Code due to be adopted at the Busan Conference in December 2025, and the 10th Conference of the Parties to the International Convention against Doping in Sport, to be held in Paris from 20 to 22 October 2025.

The aim of the ISLJ conference is to take a comprehensive stock of the operation of the private-public transnational regulatory regime which emerged in the wake of the WADC. This regime is structured around a complex network of national and global institutions engaged in anti-doping work (WADA, NADAs, IFs, accredited laboratories) and guided by an equally complex assemblage of norms located at the global (WADC and the WADA Standards), international (UNESCO Convention against Doping in Sport), regional (Council of Europe Anti-Doping Convention), and national (various national anti-doping legislation) level. This makes for a fascinating and convoluted transnational legal construct in need of being studied, analysed and criticised by scholars. 

The conference will start with an opening speech delivered by Travis Tyggart, the CEO of USADA, who is a prominent anti-doping executive, but also a critical observer of the current operation of the world anti-doping system. It will be followed by a range of panels touching on the governance of the World anti-doping regime, the role of national institutions in its operation, the due process rights of athletes in anti-doping proceedings, the boundaries of athlete responsibility in doping cases, the main legal pillars (such as strict liability) underpinning of the WADC, and the enforcement of the WADC.


You will find the latest programme of the conference HERE


You can still register for in-person or online participation HERE


Reflecting on Athletes' Rights on the Road to the Olympic Games: The Unfortunate Story of Nayoka Clunis - By Saverio Paolo Spera and Jacques Blondin

Editor's note: Saverio Paolo Spera is an Italian qualified attorney-at-law. He holds an LL.M. in international business law from King’s College London. He is the co-founder of SP.IN Law, a Zurich based international sports law firm. Jacques Blondin is an Italian qualified attorney, who held different roles at FIFA, including Head of FIFA TMS and Head of FIFA Regulatory Enforcement. He is the co-founder of SP.IN Law. The Authors wish to disclaim that they have represented Ms. Nayoka Clunis before the Court of Arbitration for Sport in Lausanne in the context of the proceedings which led to the Award of 31 July 2024.

 

  

Every four years since more than a century,[1] a spectacular display of sportsmanship takes place over the course of a few weeks during the summer: the Olympic Games.[2]

         For thousands of athletes around the globe, the Olympic Games are “the pinnacle of success and the ultimate goal of athletic competition”.[3] In their quest to compete in the most important stage of their sport, they endure demanding and time-consuming efforts (often including considerable financial sacrifices). These endeavours occasionally lead to everlasting glory (the exploits of athletes of the calibre of Carl Lewis, or more recently, Usain Bolt[4] still resonate among sports’ observers), more often to a shorter gratification. Whether their gestures end up going down the sport’s history books or last the span of a few competitions, athletes are always the key actors of a magnificent event that continues to feed the imagination of generations of sports fans. 

And yet, situations may occur when athletes find themselves at the mercy of their respective federations in the selection process for the Olympic Games and, should the federations fail them (for whatever reason), face an insurmountable jurisdictional obstacle to have their voice heard by the only arbitral tribunal appointed to safeguard their rights in a swift and specialised manner: the Court of Arbitration for Sport (the “CAS”).[5]

This is the story of Nayoka Clunis, a Jamaican world class hammer throw athlete who had qualified for the Olympic Games of Paris 2024 and yet, due to no fault of her own, could not participate in the pinnacle of competitions in her sport. Though eligible in light of her world ranking, she was failed by her own federation[6] [AD1] [SPS2] and ultimately found herself in the unfortunate – but legally unescapable – vacuum whereby neither the CAS Ad Hoc Division in Paris nor the ‘regular’ CAS division in Lausanne had jurisdiction to entertain her claim.  

The aim of this paper is not to discuss whether Ms. Clunis would have had a chance to successfully prove her claims and compete in Paris had her case been heard on the merits, nor to debate about the appropriateness of a national federation’s selection process (also because Ms. Clunis never challenged it, having been eligible ‘from day one’).[7] Retracing the story of a sportswoman’s dramatic misfortune, this paper aims at providing an opportunity to reflect on how effective the safeguard of athletes’ rights in the context of the Olympic Games actually is. More...

Call for contributions - Sporting Succession in Selected Jurisdictions - Edited by Jacob Kornbeck and Laura Donnellan - Deadline 1 October 2025

  

Expressions of interest are invited from colleagues who would like to contribute to an edited book on Sporting Succession in Selected Jurisdictions. Interested colleagues are invited to send their abstracts jointly to laura.donnellan@ul.ie and klausjacob.kornbeck@gmail.com. If you are unsure about how your research would fit in, please feel free to reach out to us via email before writing your abstract. Abstracts received will be included into a book proposal to be submitted to a major English-speaking publisher. Colleagues will be notified by us once we have received the reaction of the publisher, at which point we shall decide about further steps to be taken in the process. 

 

The book will be edited by Jacob Kornbeck, BSc, MA, LLM, PhD, DrPhil, Programme Manager in the European Commission (but acting strictly in a private capacity) and external lecturer at the University of Lille, inter alia, and Laura Donnellan, LLB, LLM, PhD, Associate Professor in the School of Law, University of Limerick.

 

The following incorporates the most salient ideas from a presentation made by Jacob Kornbeck at the Sport&EU Conference in Angers (June 2023). 

 

The concept of sporting succession permits making claims against sporting entities which can be considered as sporting successors to previously existing sporting entities, even where the previous entities have been wound up and have been dissolved under normal bankruptcy and succession rules. No fault is required for sporting succession to be invoked and considered, and the concept may even apply in certain cases where the previous entity has not even been dissolved legally (CAS 2023/A/9809 Karpaty FC v. FIFA, Cristóbal Márquez Crespo & FC Karpaty Halych. 18 July 2024). While the implementation of the relevant FIFA rules by national FAs has been documented comprehensively in a recent edited book (Cambreleng Contreras, Samarath & Vandellós Alamilla (eds), Sporting Succession in Football. Salerno, SLPC, 2022), no known book or article addresses the overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession and the public law or successions, etc. 

 

Provisions on sporting succession were first inserted into the FIFA Disciplinary Code 2019 with the effect that, whenever a sporting entity declares bankruptcy or is otherwise wound up, the notion of sporting succession applies to its unpaid financial liabilities and may be imputed to a so-called sporting successor, even if that successor is an entity legally distinct, according to the usual rules under public law, from the previous entity. Article 14 of the FIFA Disciplinary Code 2023 governs ‘failure to respect decisions,’ understood as failure to ‘pay another person (such as a player, a coach or a club) or FIFA a sum of money in full or part, even though instructed to do so by a body, a committee, a subsidiary or an instance of FIFA or a CAS decision (financial decision), or anyone who fails to comply with another final decision (non-financial decision) passed by a body, a committee, a subsidiary or an instance of FIFA, or by CAS.’ Article 21(4) extends the scope of the provision to the ‘sporting successor of a non-compliant party’ who ‘shall also be considered a non-compliant party and thus subject to the obligations under this provision. Criteria to assess whether an entity is to be considered as the sporting successor of another entity are, among others, its headquarters, name, legal form, team colours, players, shareholders or stakeholders or ownership and the category of competition concerned.’ Further provision is made in Article 21(7). In practice, this means that a club which carries on the legacy on a previous club, drawing on its cultural capital, fan base, etc., may be liable to paid unpaid debts of that previous club. These arrangements seem unusual prima facie.

 

Organs of FIFA have power to enforce these rules and to hear appeals against such decisions, while their decisions may be appealed to the Court of Arbitration for Sport (CAS) and/or to the Swiss judiciary (see Victor Piţurcă v Romanian Football Federation & U Craiova 1948 SA (CAS 2021/A/8331) (2023) as well as well as the rulings of the Federal Tribunal in the cases Youness Bengelloun (2022) and Júlio César da Silva et Souza (2022) based on Article 190 LDIP (Federal Act on Private International Law). 

 

While the concept of sporting succession offers a striking example of a provision for specificity enshrined in a sporting regulation and applied within the sports community, its pertinence under public law remains largely unaccounted for. With the (apparent) exception of one Swiss PhD thesis (Derungs, 2022), the issues which it raises seem so far to have failed to trigger the scholarship which they might deserve, especially in a comparative legal research perspective. The aim of the envisaged edited book is to explore the issue in a comparative perspective, not only across jurisdictions but also across different branches of the law. We hope in particular to receive abstracts on the following:


  • Examples from the most representative European (and possibly extra-European) countries of overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession and the public law or successions, etc. Ideally, the book should include chapters from and about the biggest European countries which are most relevant to the football industry while, at the same time, it would seem crucial that the most important legal traditions (French and German civil law, common law, Nordic law) should be represented. 
  • Perspectives of players and other stakeholders.
  • Examples from other sports than football, if appropriate.
  • Examples of overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession and other branches of lex sportiva, if applicable.
  • Examples of overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession, on the one hand, and new developments in sports such as AI and esports, on the other.
  • If we have overlooked a meaningful nuance, please feel free to flag this in your submission and make corresponding proposals to us. 

Please send us your abstracts jointly to laura.donnellan@ul.ie and klausjacob.kornbeck@gmail.com no later than 1 October 2025. 

Call for Papers - Long-term contracts in sport: The private foundations of sports law and governance - University of Inland Norway - Deadline 15 June

The University of Inland Norway and the Asser International Sports Law Centre invite the submission of abstracts for a workshop in Lillehammer on 4 and 5 December exploring the role of long-term contracts in sport and their characteristics through a variety of theoretical and methodological lenses.

Contracts play a crucial role in the world of sport, particularly long-term contracts. Contractual agreements form the foundation of transnational sports governance, SGBs are all formally the product of a specific time of contract (be it in the form of an association or corporation) often justifying the autonomy of sport and its private governance at a (more or less far) distance from the state.

Moreover, contracts establish long-term commitments between the parties involved, raising a variety of questions regarding the asymmetry in their positions, the scope of party autonomy, contractual mechanisms for addressing uncertainty, and their interaction with domestic and international mandatory regulations, among others. In short, it is impossible to fully understand the operation and limitations of transnational sports law and governance without investigating the many ways in which it is embedded in long-term contracts ruled by a variety of contract laws.

This workshop proposes to explore the role of long-term contracts in sport and their characteristics through a variety of theoretical and methodological lenses.

We welcome proposals touching on the following issues/case studies:

  • The concept of time in sport and the definition of ‘long-term’ in sport-related contracts;
  • The function of long-term contracts in transnational sports governance;
  • The function of long-term contracts in the operation of private dispute resolution mechanisms (CAS, BAT, FIFA DRC);
  • The transactional nature of long-term contracts in sport;
  • The relational nature of long-term contracts in sport;
  • The conflict between private autonomy and long-term contracts in sport;
  • The intersection between private and public in the operation of long-term contracts in sport;
  • Specific contractual arrangements, including:
    • Contracts of association and SGBs
    • Long-term (labour) contracts with athletes and coaches;
    • Contracts related to the organization of mega-sporting events, including host city contracts;
    • TV and media long-term contracts;
    • Sponsorship agreements;
    • and more.

Abstracts must be sent to Yuliya Chernykh (yuliya.chernykh@inn.no) by 15 June. 

New Training - Summer Programme on International sport and human rights - Online - 21-28 May

Since 2022, the T.M.C. Asser Instituut, in collaboration with the Centre for Sport and Human Rights, is organising the first yearly summer course on the intersection of sport and human rights. This 4th edition brings together scholars specialised in the intersection between sport and human rights with professionals working in international sport to ensure respect for human rights. We will explore contemporary human rights challenges in sports, such as the protections of human rights at mega-sporting events, access to remedy in human rights cases within the world of sport, the intersection between human rights and gender rights in international sporting competitions, and many more. 


The programme is designed to provide both deep background knowledge and actionnable insights, which will be relevant to a range of participants committed to defending human rights in international sport, including students, junior researchers, representatives of CSOs, sporting organisations, and athletes. It is structured around half days taking place online meant to accommodate as many participants as possible throughout the world. 


Check out the latest draft programme below and register HERE


Call for Papers - 20 Years of the World Anti-Doping Code in Action - ISLJ Conference 2025 - 6 & 7 November 2025


 


Call for papers

20 years of the World Anti-Doping Code in Action

International Sports Law Journal Conference 2025

Asser Institute, The Hague

6 and 7 November 2025

 

The Editors of the International Sports Law Journal (ISLJ), the Asser Institute and the Research Chair on Responsible Sport of the University of Sherbrooke invite you to submit abstracts for the ISLJ Conference on International Sports Law, which will take place on 6 and 7 November 2025 at the Asser Institute in The Hague. The ISLJ, published by Springer and T.M.C. Asser Press, is the leading academic publication in the field of international sports law and governance. The conference is a unique occasion to discuss the main legal issues affecting international sports with academics and practitioners from all around the world. 

 

The 2025 ISLJ Conference will focus on assessing the first 20 years (2004-2024) of operation of the World Anti-Doping Code (WADC) since its entry into force in 2004, while also discussing its future prospects, in light of the new version of the Code due to be adopted at the Busan Conference in December 2025 and the 10th Conference of the Parties to the International Convention against Doping in Sport, to be held in Paris from 20 to 22 October. The aim of the conference will be to take a comprehensive stock of the operation of the private-public transnational regulatory regime which emerged in the wake of the WADC.  This regime is structured around a complex network of national and global institutions engaged in anti-doping work (WADA, NADAs, IFs, accredited laboratories) and guided by an equally complex assemblage of norms located at the global (WADC and the WADA Standards), international (UNESCO Convention against Doping in Sport), regional (Council of Europe Anti-Doping Convention), and national (various national anti-doping legislations) level. This makes for a fascinating and convoluted transnational legal construct in need of being studied, analysed and criticised by scholars. 

 

Reviewing 20 years of implementation of the WADC warrants a special edition of the ISLJ Conference and of the journal, which invites scholars of all disciplines to reflect on the many questions and issues linked with it. We welcome proposals touching on the following subjects (and more): 

  • The governance of the world anti-doping regime
    • The public-private nature of this governance
    • The transparency of this governance
    • The legitimacy of this governance
    • The participatory nature of this governance
    • The role of scientific experts in this governance
  •  The normative content of the WADC and the international standards
    • The strict liability principle 
    • The privacy rights of athletes under the WADC
    • The sanctioning policy under the WADC
    • The role of the international standards in implementing the WADC
    • The compatibility of the WADC with human rights
  • The glocal implementation of the WADC
    • The role of local institutions (NADOs/Labs/NOCs) in the implementation of the WADC
    • The tension between global (WADA) and local (NADOs/Labs/NOCs) in the implementation of the WADC
    • The role of the IFs in the implementation of the WADC
    • The role of the ITA in the implementation of the WADC
    • The role of judicial bodies (national courts, disciplinary committees of IFs, CAS) and their jurisprudence in the implementation of the WADC 
  • The effectiveness of the world anti-doping regime
    • The evaluation and evolution of the effectiveness of the world anti-doping regime in preventing doping
    • The role of the media in unveiling the ineffectiveness of the world anti-doping regime
    • The role of states in hindering the effectiveness of the world anti-doping regime
    • The world anti-doping regime as a regime with a variable geometry of effectiveness
  •  The future of the world anti-doping regime: Revolution, reform or more of the same?
    • Do we need a world anti-doping regime? 
    • If we do, should it be reformed? How? 


Abstracts of 300 words and CVs should be sent no later than 1 June 2025 to a.duval@asser.nl. Selected speakers will be informed by 30 June 2025. The selected participants will be expected to submit a draft paper by 15 October 2025. Papers accepted and presented at the conference are eligible for publication in a special issue of the ISLJ subject to peer-review. The Asser Institute will provide a limited amount of travel and accommodation grants (max. 350€) to early career researchers (doctoral and post-doctoral) in need of financial support. If you wish to be considered for a grant, please indicate it in your submission.  


Zoom-In Webinar - The Aftermath of the Diarra Judgement: Towards a New FIFA Transfer System? - 20 November - 16:00-18:00 CET

On 4 October, the Court of Justice of the European Union shook the world of football with its Diarra ruling. The decision questions the compatibility of a key provision of the FIFA Regulations on the Status and Transfer of Players (RSTP) with European Union internal market law. The RSTP, and in particular its article 17, are the bedrock of football’s transfer ‘market’ and regulate the conditions for the transnational movement of players between clubs. In 2023, based on FIFA’s numbers, 21 801 players were transferred internationally (of which 3279 with a fee) for transfer fees amounting to USD 9.63 bn. In short, this is a market that affects a considerable number of players and is linked with the movement of large sums of money between clubs and other actors (such as intermediaries).

Register HERE

Join us on 20 November from 16:00 to 18:00 CET to take stock of the ruling's impact and discuss the steps ahead in a free Zoom-In webinar in which there will be time for a Q&A session with the speakers. The ruling has already been much commented on (see hereherehere, and here), and this zoom-in webinar will be an opportunity for participants to engage with two experts on the economic and legal intricacies of the regulation of labour relations in football. We will mostly focus on the aftermath of the judgment and the question, 'what comes next?'

Moderator: Marjolaine Viret (Université de Lausanne)

Speakers: 


Register HERE

Free Webinar - The impact of the Diarra case on the football transfer system - 18 October 2024 - 15:00 CET

The Court of Justice of the European Union has recently handed down its judgement in the Lassana Diarra case (C-650/22 FIFA v. BZ).

Given the importance of this case to the sports industry, LawInSport, the Asser Instituut and the Association for the Study of Sport and the EU (Sport & EU) are hosting a joint webinar to bring together experts to unpack and provide clarity on the complex legal, regulatory & commercial issues stemming from this case. This free webinar will be hosted from 14:00 UK time (15:00 CET) on 18 October 2024.


Register HERE 


Speakers

Our expert speakers come from academia, law and sport. Our confirmed speakers are:


Register HERE