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International Sports Law, Lecture at BSEU on 26-09-2012


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The lecture on Belarusian-German seminar for the sports management students

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International Sports Law, Lecture at BSEU on 26-09-2012

  1. 1. The Basics of International Sports Law Dr. Aliaksandr Danilevich, Belarusian State University, Minsk (Belarus)26.09.2012 1
  2. 2. The nature of international sports law Part I26.09.2012 2
  3. 3. Origin of international sports law Existence of IOC International Emulative and international sports character of sport sports federations organizations acts Social value International of sport treaties26.09.2012 3
  4. 4. International sports law• Complex of rules that regulate the sports relations of international nature, that are international sports competitions with the participation of different nationals.26.09.2012 4
  5. 5. Sports law Sports Sports by- legislation laws26.09.2012 5
  6. 6. Significance of sports by-laws (Belarus’ example)• NOC of Belarus is guided in its activity by Olympic Charter of IOC (article 13 (2));• Sports competitions are spent according to the rules made sports entities (article 27 (4));• The order of refereeing of sports competitions is defined by the persons holding competitions (article 30 (2));• The prohibition of use by sportsmen of methods, the substances promoting increase of their working capacity and forbidden for use by the legislation of Belarus and (or) IOC decisions, or decisions of other corresponding international organisations (article 34)26.09.2012 6
  7. 7. Acts of international sports law International International by- legislation laws • Anti-doping • IOC • Fight against • WADA violence • International • Courts Sports decisions and Federations awards • others26.09.2012 7
  8. 8. International sports legislation (treaties) Fight against doping Fight against violence• Anti-Doping Convention •European Convention on (16.11.1989) Spectator Violence and• Additional Protocol to Misbehaviour at Sports the Anti-Doping Events and in particular at Convention (12.9.2002) Football Matches• UNESCO International (19.8.1985) Convention against Doping in Sport (19.10.2005)26.09.2012 8
  9. 9. Documents of the Council of Europe• Recommendations – Recommendations about the sports policy • The Recommendation About Principles of Appropriate Management In Sports (2005/8) • Recommendation No. R (92) 13 Rev of The Committee Of Ministers To Member States On The Revised European Sports Charter • Recommendation No. R (92) 14 Rev of The Committee Of Ministers to Member States on The Revised Code of Sports Ethics • Recommendation About Issue of Visas to Sportsmen (99/10) – Recommendations concerning spectator violence • Recommendations about the prevention of racism, xenophobia and racial intolerance in sports (2001/6) – Recommendations about struggle against a doping• Conventions – European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches (19.8.1985) – Anti-Doping Convention (16.11.1989) – Additional Protocol to the Anti-Doping Convention (12.9.2002)26.09.2012 9
  10. 10. The expanded private agreement onsports (EPAS) – It is created by the Resolution CM/Res(2007)8 – The purpose: sports development through cooperation of the countries of participants, creation of the all-European standards of fair, healthy and well organized sports – 34 states, including Belarus and Germany – 23 sports organisations (including ENGSO and UEFA) are non-governmental partners of EPAS.26.09.2012 10
  11. 11. The international sports by-laws• IOC documents – Olympic Charter in force as from 08.07.2011• Rules of the international sports federations – Technical rules – Competitions rules – Rules about the status of the player – Disciplinary codes• WADA – World Anti-Doping Code (01.01.2009) – 2013 List of Prohibited Substances and Methods26.09.2012 11
  12. 12. Model documents of Inter-parliamentary Assembly of the CIS on sports• Model laws: – About physical training and sports, 1996 – About youth sports, 2001 – About students sports, 2003 – About the status of the sportsman of a national team, 2003 – About professional sports, 2007 – About paralympic sports, 2008 – About physical training and sports (new edition), 200926.09.2012 12
  13. 13. The resolution of sports disputes Part II26.09.2012 13
  14. 14. The competence of Sports Arbitration Court in Lausanne1. As body of the first instance to consider disputes with participation of national or international sports federations;2. To consider appeals on decisions of internal bodies of the national and international sports organisations on the basis of the corresponding documents providing it (since 1991).3. To draw the conclusions by inquiries of the international sports federations.4. The disputes arising in connection with IOC decisions5. All disputes arising in view of Olympic Games, or connected with them26.09.2012 14
  15. 15. Categories of cases in САS1) Commercial sports cases- The disputes arisen from the break of contracts, in particular, concerning sponsorship, sale of the broadcasting rights in sport, transfers of players and relations of players with coaches and agents2) sports disciplinary affairs- Doping cases, and also the cases connected with application of violence during competitions, wrong refereeing or cruel treatment of sports animals26.09.2012 15
  16. 16. Structure SAS Independent organisation International Council of Arbitration for composed by 20 lawyers Sport Court and its regional Sydney New-York offices CAS office office Ordinary Appelation Departments arbitration arbitration ad-hoc26.09.2012 16
  17. 17. Who can refer a case to the CAS?• Any person connected with sports: athletes, clubs, sports federations, organizers of sports events, sponsors and the television companies.• Presence of the arbitration agreement: – Can contain in the separate document, – To be the reservation in the contract or the regulations of competitions of the sports organisation – Can stipulate the future disputes or concern already arisen disagreement.26.09.2012 17
  18. 18. Trial in САС• Code of Sports Arbitration (2012)• Procedure language• Representation• Applicable law26.09.2012 18
  19. 19. Expenses at trial in САС• Initial administrative payment at a rate of 1000 Swiss francs (≈ 1000 USD)• Expenses are advanced by the parties in common or brought by the claimant• Arbitration expenses at decision removal are didived proportionally to satisfied claims26.09.2012 19
  20. 20. How long does CAS arbitration last ? Ordinary • 6-12 months arbitration Appellation • 4 months procedure ad hoc • Within 24 hours26.09.2012 20
  21. 21. Disciplinary proceedings in sports• Activity of the competent sports organisations through the authorised bodies on bringing to account of subjects of the sports relations which are in their jurisdiction, for infringement of sports rules and principles26.09.2012 21
  22. 22. Internal resoltion of sports disputes• Consideration by the authorised bodies of the sports organisations of sports disputes between subjects of the sports relations which are in their jurisdiction26.09.2012 22
  23. 23. The competence1) Should be provided by rules2) There should be a communication• Quantity of the bodies having jurisdiction concerning concrete infringement – National and international bodies – At one level: • Different associations by one kind of sports (boxing) • Different bodies concerning different spheres of dispute (Rugby football)26.09.2012 23
  24. 24. Jurisdiction – Jurisdiction concerning members – Jurisdiction over the third persons – Subject jurisdiction26.09.2012 24
  25. 25. Jurisdiction over members – Straight line the competence of the relation Members (federation – clubs) – Use of the competence over members for achievement of the purposes under the relation of the third Persons (federation – players)26.09.2012 25
  26. 26. Jurisdiction concerning the third parties – Necessity of the connection with the third parties 1. Direct contractual communication 2. Communication by means of pyramidal structure 3. Communication by means of desire expression to participate in the authorised competition – Contract presence – Absence of connection26.09.2012 26
  27. 27. Subject jurisdiction – The relations which have been not connected with sports – The relations falling under the regulation 1. Infringements during competition (game) – Different punishments by the arbitrator and disciplinary committee 2. Not noticed Infringements (video viewing) 3. Changes of sanctions of the arbitrator by federation – Jurisdiction action in time26.09.2012 27
  28. 28. Jurisdictional relations between the international and national bodies• Walker Case – The athlete Dougie Walker has been discharged of competitions for a dope disciplinary committee Athletic federation SK; – IAAF Wished to cancel in an arbitration order the decision of Disciplinary committee – Position Walker: • There is no contract between him and IAAF • Presence of the arbitration agreement with national federation26.09.2012 28
  29. 29. Jurisdictional relations between one level bodies• Within the limits of one kind of sports• All depends on the one who will organise competitions• Sanctions can be applied by various bodies (IOC + IF)26.09.2012 29
  30. 30. Jurisdiction in a context of the internal resolution of disputes – Internal revision of decisions of non-disciplinary bodies – The internal resolution of disputes between Participants (e.g. in FIFA) – Investigations and The commissions • The commissions on ethics, the referee commissions26.09.2012 30
  31. 31. Types of disciplinary infringements and internal disputes – Infringement of the rules forbidding fulfilment of certain actions • Doping • Infringement of game rules • Infringements «out of a game» • Other disciplinary procedures – Disputes under decisions of control bodies regarding the application of rules • The admission to competitions • Selection for participation in competitions • Advancement and transition to a step more low • The permission to fulfilment of certain actions • Dispute concerning the sum received as a result of competition • Other disputes – Disputes between Participants (internal arbitration and mediation)26.09.2012 31
  32. 32. Publication, change and applicability of rules• Rules should be in force at the moment of infringement• Rules should be known• When changes of rules come into force?• Whether there correspond rules to basic documents?26.09.2012 32
  33. 33. Thank you for your attention! Dr. Aliaksandr Danilevich phone: +375 29 621 13 14 e-mail: Skype: aliaksandr.danilevich Presentation on the web: Lewis, A; Taylor, J. Sport: Law and Practice. - London: Butterworth, 2003. – Ch. A2.26.09.2012 33