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The book is an introduction to sports law, in particular
International (worldwide) and European (EU) sports law. The
chapters are all put in the perspective of the innovative sports
law doctrine that is developed and presented in the opening chapter
on what sports law is. After a general coverage of the core concept
of "sport specificity" (that is whether private sporting rules and
regulations can be justified notwithstanding they are not in
conformity with public law), the book covers the following specific
main themes of International and European Sports Law (capita
selecta): comparative sports law; competition law and sport; the
collective selling of TV rights; sports betting; Social Dialogue in
sport; sport and nationality; professional football transfer rules;
anti-doping law in sport; transnational football hooliganism in
Europe; international sports boycotts. In this book association
football ("soccer") is the sport that is by far most on the agenda.
It is the largest sport in the world and most popular all over the
globe. The elite football in Europe is a day-to-day commercialized
and professionalized industry, which makes it a perfect subject of
study from an EU Law perspective.
The book is an introduction to sports law, in particular
International (worldwide) and European (EU) sports law. The
chapters are all put in the perspective of the innovative sports
law doctrine that is developed and presented in the opening chapter
on what sports law is. After a general coverage of the core concept
of "sport specificity" (that is whether private sporting rules and
regulations can be justified notwithstanding they are not in
conformity with public law), the book covers the following specific
main themes of International and European Sports Law (capita
selecta): comparative sports law; competition law and sport; the
collective selling of TV rights; sports betting; Social Dialogue in
sport; sport and nationality; professional football transfer rules;
anti-doping law in sport; transnational football hooliganism in
Europe; international sports boycotts. In this book association
football ("soccer") is the sport that is by far most on the agenda.
It is the largest sport in the world and most popular all over the
globe. The elite football in Europe is a day-to-day commercialized
and professionalized industry, which makes it a perfect subject of
study from an EU Law perspective.
The important theme "What is Sports Law?" was the topic of the
international Conference on "The Concept of Lex Sportiva
Revisited", which took place in Jakarta in late 2010. Academics and
practitioners are still in debate to agree on this concept as is
evident in this book. This book not only contains the worked out
contributions of this Conference, but also other related chapters
on the subject. It produces a reassessment of the content of Sports
Law and its terminology keeping a close eye on the current
literature. The book appears in the ASSER International Sports Law
Series, under the editorship of Prof. Dr. Robert Siekmann, Dr.
Janwillem Soek and Marco van der Harst LL.M.
Gambling is a significant global industry, which is worth around
0.6% of world trade, that is, around US$ 384 billion; and gambling
on the outcome of sports events is a very popular pastime for
millions of people around the world, who combine a bet with
watching and enjoying their favourite sports. But, like any other
human activity, sports betting is open to corruption and improper
influence from unscrupulous sports persons, bookmakers and others.
Sports betting in the last ten years or so has developed and
changed quite fundamentally with the advent of modern technology -
not least the omnipresence of the Internet and the rise of on-line
sports betting. This book covers the law and policy on sports
betting in more than forty countries around the world whose
economic and social development, history and culture are quite
different. Several chapters deal with the United States of America.
This book also includes a review of sports betting under European
Union (EU) Law. The book appears in the ASSER International Sports
Law Series, under the editorship of Dr. Robert Siekmann, Dr.
Janwillem Soek and Marco van der Harst LL.M.
With a Foreword by Dr Alexander Scheuer, Managing Director of the
Institute of European Media Law (EMR), Saarbrucken/Brussels. It is
fair to say that our lives in the twenty-first century are, in many
respects, dominated by the media and sport; and, when combined,
they are a very powerful force and mix indeed. Without the
commercial exploitation of broadcasting rights and the resulting
spectacular revenues generated, many sports events would never see
the light of day. The first part of TV Rights and Sport: Legal
Aspects contains several contributions on the very important
European Law aspects of sports broadcasting rights in the digital
age as well as TV rights relating to major sports events. The
second part of the book consists of 27 country studies within and
beyond Europe. The authors of the various chapters are all media
law and sports law experts and address, from the point of view of
the law and practice in their respective countries, amongst others,
the following intriguing legal issues: the ownership of
broadcasting rights; the commercial exploitation of those rights;
and, with sport being such big business nowadays, the impact of
competition law, including the vexed questions of the collective
sale and purchase of sports broadcasting rights. The book is a
veritable mine of useful information and one that can heartily be
recommended to all those involved in the creation, promotion,
exploitation and protection of sports broadcasting rights around
the world. A subject that will continue to challenge sports
administrators, event managers, sports marketers, broadcasters and
media service providers themselves and regulators, as well as their
legal and other professional advisers, for many years to come. The
editing team consisted of Prof. Ian Blackshaw, Member of the Court
of Arbitration for Sport, Prof. Steve Cornelius, Director of the
Centre for Sports Law, University of the Witwatersrand,
Johannesburg, and Dr. Robert Siekmann, Director of the ASSER
International Sports Law Centre. The book appears in the ASSER
International Sports Law Series, under the editorship of Dr. Robert
Siekmann and Dr. Janwillem Soek.
With a Foreword by Dr Michal Krejza, Head of Sport Unit,
Directorate-General for Education and Culture, European Commission,
Brussels Much has changed since the publication of Professional
Sport in the EU: Regulation and Re-regulation (edited by Andrew
Caiger and Simon Gardiner, The Hague, T.M.C. Asser Press 2000). The
present book explores new territory and its scope and tone reflect
the maturity of the discipline of EU sports law and policy. The
book seeks to balance contributions from established authorities
and the best of the new generation of sports law and policy
academics. New theoretical insights are revealed which accompany in
particular two further sections dealing first with governance and
regulatory issues (also including freedom of movement and
competition law issues) and second with questions of
representation. The issue of the representation of stakeholders
within sports governance structures (Social Dialogue between
employers/clubs and employees/players) is arguably the most
significant development in the last decade and the inclusion of the
word 'Representation' in the title is merited. Contributions on
anti-doping, football hooliganism and sports betting are added to
the book. The editing team consisted of Simon Gardiner, Leeds
Metropolitan University, United Kingdom, Richard Parrish, Edge Hill
University, Ormskirk, United Kingdom, and Robert Siekmann, ASSER
International Sports Law Centre, The Hague, The Netherlands. This
book appears in the ASSER International Sports Law Series, under
the editorship of Robert Siekmann and Janwillem Soek.
With a Foreword by Roger Blanpain, Professor in Labour Law,
Universities of Leuven (Belgium) and Tilburg (The Netherlands) and
co-founder and first President of FIFPro. Publicly, at least, there
appears to be a strong collective will within football to clean up
the game, to make the work of players' agents more transparent and
to allow a greater share of the game's profits to stay within the
game. Privately, there seems to be unease that current agent
regulation is out of step with football industry norms and that if
the sector is to operate effectively, practices which are
prohibited by the rules should in fact be tolerated. Here lies the
problem. Stringent agent regulation may well look impressive but
over-regulation will merely compound the problem of non-compliance
and a lack of transparency. Finding the balance which not only
addresses the problems facing football and satisfies the supporters
and other interested stakeholders but which also satisfies the
requirements of national, EU and international law is just one of
the many challenges facing football's governing bodies. What are
players' agents? Why should they be regulated? How should they be
regulated? These three apparently simple questions have been
tackled throughout this book. The first question appears
straightforward as agents perform similar functions throughout the
world. However, as the contributions in the book reveal, the manner
in which agents operate varies. The questions of why and how to
regulate again reveals common themes but also considerable
variations in patterns of regulation. In this connection, there
are, in effect, three tiers of agent regulation: international law,
national law and the law of the sports associations. This book
covers the legal regulations governing players' agents in forty
countries around the world, representing the major footballing
constituencies including Argentina, Brazil, Mexico and Russia as
well as the "Big Five" in Europe. Written by acknowledged experts,
it provides a very useful and informative comparative survey.
Indeed, this is a book, which all those involved in the
administration of football clubs, particularly, coaches and
managers, as well as players' agents themselves, and commercial,
financial and legal advisers, can do hardly do without, as it will
provide them with a constant and useful source of reference.
With a Foreword by Dr Ralf-Rene Weingartner, Director for Youth and
Sport, Council of Europe, Strasbourg The Council of Europe is
unquestionably the body that has made the most substantial
contribution to paving the way for a European sports model. The
Council of Europe was the first international intergovernmental
organisation to take initiatives to establish legal instruments,
and to offer an institutional framework for the development of
sport at European level. The first stage of the Council of Europe's
work in this field was marked by the adoption of the Committee of
Ministers' Resolution on Doping of Athletes (1967). The extensive
work of the Council of Europe on sport is evident through its main
instruments on sport, such as the European Sports Charter, the Code
of Sports Ethics, the European Convention on Spectator Violence,
and the Anti-Doping Convention. Sport co-operation within the
Council of Europe is organised in partnership with national
governmental and non-governmental bodies. The Council of Europe and
Sport: Basic Documents is the second volume in the Asser series of
collections of documents on international sports law, containing
material on the intergovernmental (inter-state) part of
international sports law. The European Union and Sport: Legal and
Policy Documents was the first volume devoted to the European
Union. In previous other publications, non-governmental materials,
i.e. statutes and constitutions, doping rules and regulations,
arbitral and disciplinary rules and regulations of the
international sports organisations were published. The book
provides an invaluable source of reference for governmental and
sports officials, legal practitioners and the academic world. With
the increasing public interest in the legal aspects of sports, this
collection of documents is a timely and welcome contribution to
enhancing the accessibility of basic texts on international sports
law and policy.
I am very pleased and proud to write the Foreword to this Book on
the occasion of the Court of Arbitration for Sport (CAS) having
completed its first twenty years of operations. And I warmly
congratulate the ASSER International Sports Law Centre and the
Editors, Ian Blackshaw, Rob Siekmann and Janwillem Soek - in
cooperation with Andrew Gibson, Griffith University, Brisbane,
Australia, and Steve Cornelius, University of Johannesburg, South
Africa -, on their joint initiative in putting together and
publishing this Book. The CAS has come a long way since the idea of
establishing it was first mentioned by Juan Antonio Samaranch, the
former IOC President. His vision and confidence in its future have
been truly vindicated. Since its creation and up to 31 December
2003, 576 cases have been submitted, of which 550 were requests for
arbitration and 26 for an advisory opinion. In 2004, there was a
sharp rise in the number of cases handled by the CAS and this trend
continues apace. Thus, the CAS goes from strength to strength and
has a great future, having, in the words of the Swiss Federal
Tribunal in its landmark judgement of 27 May 2003, "built up the
trust of the sporting world and] . . . now widely recognised . . .
as] . . . one of the principal mainstays of organised sport.
With a Foreword by Viviane Reding, EU Commissioner for Education
and Culture The European Union and Sport: Legal and Policy
Documents is the first volume in the T.M.C. Asser Institute series
of collections of documents on international sports law containing
material on the intergovernmental (interstate) element of
international sports law. Previous volumes have dealt with the
Statutes and Constitutions of universal sports organizations, their
Doping as well as their Arbitral and Disciplinary Rules. The legal
and policy texts in the present book are arranged in thematical,
alphabetical order and are chronologically subordered per theme.
They cover the period since the Walrave judgement in 1974 when the
European Court of Justice established that sport is subject to
Community law to the extent that it constitutes an economic
activity. The book in fact gives a detailed insight into what could
be called the 'EU Sport Acquis' for the present and future
(candidate) Member States. This acquis has been developed over the
years in numerous decisions and policy documents by, in particular,
the Council, Commission, European Parliament and Court of Justice.
The contents of this book are divided into three parts totalling
twenty chapters and covering all themes which the EC/EU has dealt
with so far. The General part contains general policy documents
such as, for example, the European Model of Sport and the so-called
Helsinki Report on Sport. Specific Subjects concern Boycott,
Broadcasting (in particular the Television without Frontiers
Directive), Community Aid and Sport Funding (for example, the
Eurathlon Programme), Competition (central selling of tv rights
regarding the UEFA Champions League, the German Bundesliga, the
English Premier League, etc., Formula One, World Cup ticketing
arrangements, players' agents), Customs, Diplomas (Heylens),
Discrimination (Walrave, Dona, Kolpak, and including Women in
sport), Doping (Community Support Plan and Pilot Project for
Campaigns to Combat Doping in Sport), Education / Youth (European
Year of Education through Sport 2004, and documents concerning
child protection in sport and trafficking in young footballers),
the freedom of establishment to provide services (Deliege) and of
movement of workers (Bosman, Lehtonen), the Olympic Games, State
Aid, Tax, Tobacco Advertising, Trade Marks (Arsenal/Reed),
Vandalism and Violence (football hooliganism) and Miscellanea
(Fishing, Horses, Hunting, etc.). The European Union and Sport:
Legal and Policy Documents provides an invaluable source of
reference for governmental and sports officials, legal
practitioners and the academic world. With the increasing public
interest in the legal aspects of sports, this collection of
documents is a timely and welcome contribution to enhancing the
accessibility of basic texts on international sports law and
policy.
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