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The institutional rules of International Sports Federations ("IFs") and the International Olympic Committee ("IOC") concerning nationality and its transfer therein are regulated by the Nottebohm safeguard, which requires the conferral of nationality under domestic laws to be consistent with international law for the conferral to be valid in the international legal sphere. The international sporting arenas qualify as international legal space, but the compatibility of naturalization laws with this legal space is regulated and enforced not by states, but by non-state entities, namely IFs and the IOC. These institutional rules possess a normative character because the pertinent stakeholders consent to them by contract, which in turn provides for the jurisdiction of internal quasi-judicial determination and ultimately gives rise to arbitral awards (as a form of ultimate appeal) to the Court of Arbitration for Sport ("CAS"). The key provision is Rule 41 of the Olympic Charter and its interpretative Bye-Laws, which provide that an athlete may switch sporting nationality provided that three years have elapsed from their last participation for the country they previously represented. This general rule may be supplemented by the institutional rules of IFs, the majority of which operate nationality review panels for this purpose. This Article selectively examines the rules and institutions of two IFs other than the IOC, namely the Fédération Internationale de Basketball (International Basketball Federation) ("FIBA") and the World Athletics Federation ("WAF"). Each struggle with different objectives and nationality transfers, chiefly naturalizations, gives rise to a number of problems and concerns that are resolved through the observance and enforcement of varying internal nationality rules. This Article suggests that a set of five questions sets the standard for a human rights impact assessment of all naturalizations in the sport domain. [ABSTRACT FROM AUTHOR]

The article is devoted to the problems of implementing the right to judicial protection of the labor rights of athletes and coaches. It was right under international and Russian law and one of the most important elements of a person’s legal status. At the same time, the realization of the right to judicial protection in sport has its own characteristics, because athletes and coaches actually cannot choose the legal authority, that will consider the case. In this research judicial practice is analyzed, in which considered the issue of the possible application of sanctions to an athlete for appealing to a state court. The study concludes that, despite the presence in sport of its own special system of dispute resolution bodies, the application of sanctions for the use of one of the fundamental constitutional and labor rights does not find a reasonable justification.

The intersection of sport and human rights has demonstrated that the actions of global sport mega-event franchise owners can now no longer be viewed as impervious to wider human rights considerations. In examining recent operational developments undertaken by the International Olympic Committee (IOC), as evidenced by their institutional embrace of international human rights standards, this article cautions against an uncritical acclaim of such developments. By drawing upon legal texts, the extant literature on the overlap of both sport and human rights law, and Foucault's governmentality theory, it argues that whilst the IOC's embrace of human rights remains a positive development, their ongoing application of the 'clean venue' principle on Olympic Host Cities remains problematic for two key reasons. It argues, first, that the 'clean venue' principle can be understood as a governmental technique that disciplines and controls Olympic spaces, and those who fall within the regulatory, legal, and operational reach of the principle itself, whilst preserving the existing political economy in which the Olympics are embedded within. Secondly, it argues that as an inescapable expression of the IOC's commercial and contractual control, the 'clean venue' principle raises additional human rights concerns which impact upon various rights such as freedom of assembly and expression and the rights of local communities within and around Olympic and 'non-Olympic' spaces. Ultimately, this article contends that while the IOC's recent operational developments are to be welcomed, much work remains to ensure that human rights law is more visibly foregrounded within the IOC's legal framework. [ABSTRACT FROM AUTHOR]

Maintaining an effective testing program is critical to the success and credibility of the anti-doping movement. However, a low detection ratio compared to the assumed real prevalence of sport doping has led some to question and criticize the effectiveness of the current testing system. In this perspective article, we review the results of the global testing program, discuss the purpose of testing, and compare benefits and limitations of performance indicators commonly used to evaluate testing efforts. We suggest that an effective testing program should distinguish between preventive testing and testing aimed at detecting the use of prohibited substances and prohibited methods. In case of preventive testing, the volume of the test program in terms of number of samples, tests and analyses is likely to be positively related to the extent of the deterrent effect achieved. However, there is a lack of literature on how the deterrent effect works in the practical context of doping testing. If the primary goal is to detect doping, the testing must be risk- and intelligence-based, and quality in test planning is more important than quantity in sample collection. The detection ratio can be a useful tool for evaluating the effectiveness of doping testing, but for the calculation one should take into account the number of athletes tested and not just the number of collected samples, as the former would provide a more precise measure of the tests' ability to detect doping among athletes. [ABSTRACT FROM AUTHOR]

In order to study the characteristics and psychological characteristics of athletes' illegal and criminal behaviours, this paper puts forward a study on the disciplinary violations of High-performance sport athletes in China. This study used the methods of literature review and expert interviews to analyze the disciplinary violations of High-performance sport athletes in China. The results show that the disciplinary violations of High-performance sport athletes in China mainly include match fixing, false age, false gender, doping, violence, etc. The reasons for these disciplinary violations involve low education level, distorted ideological concepts, weak legal awareness, inadequate sports laws and regulations, and the impact of social misconduct. In response to the existing problems, some feasible suggestions have been put forward, including strengthening the construction of athletes' moral quality, strengthening the cultivation of legal awareness, strengthening the construction of sports legal system, and increasing the punishment for disciplinary violations. These suggestions are intended to lay a foundation for the rapid, stable, civilized and healthy development of High-performance sport in China. In summary, in order to solve the problem of illegal and criminal behaviour among athletes, it is necessary to play the guiding role of the Sports Law and improve the legal responsibility for doping violations; Expand the application of civil compensation, broaden the channels for athletes' relief, and encourage athletes to request compensation for infringement liability; Improve relevant administrative regulations and provide guarantees for inspections outside doping competitions; Strictly crack down on doping crimes and use criminal punishment to crack down on the doping crime circle. These measures will help solve the problem of athletes' crimes and promote the healthy development of High-performance sport. [ABSTRACT FROM AUTHOR]

Copyright of Acta Iuris Stetinensis is the property of Wydawnictwo Naukowe Uniwersytetu Szczecinskiego / University of Szczecin Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article, original in nature, was devoted to the issue of awards and prizes for e-sports players. The motivational financial instruments in question are regulated in the Sports Law, specifically in Article 31. The author has attempted to solve the legal problem of finding an answer to the question of the legal possibility for municipalities to establish and finance prizes and awards for e-sports players under Article 31 of the Sports Law. Due to the singular and causal works in the field of e-sports funding, which do not address the issue of establishing and funding prizes and awards for e-sports players under Article 31 of the Sports Act, the elaboration of this issue within the framework of the article will, in the author's opinion, undoubtedly enrich the current literature on the subject. The introductory considerations focus on presenting the essence of the definition of sport and attempt to qualify e-sports as a sport under the Sports Act, which is significant for the possibility of local authorities establishing prizes and awards. The key views of the literature, judicial decisions, and the state of the law in this area were presented. Investigations in this area have led to the conclusion that, with a few reservations, it is possible to qualify e-sport as a sport. Subsequently, the focus was on the legal aspects concerning the possibility for municipalities to establish and finance prizes and awards for e-sports players. The problem concerning the understanding of competition under the Sports Act was resolved, and it was pointed out that e-sports players, despite the lack of a Polish e-sports association, can participate in sports competitions under the Sports Act. In addition, the problematic premise concerning the importance of a given sport for a local authority has been clarified. The final considerations in this area have allowed de lege ferenda postulates to be formulated. The analysis is based on legal norms and statements of doctrine and jurisprudence. The article contains considerations concerning the normative and dogmatic sphere as well as the sphere of law application by administrative courts. The research has a national character. In this article, the dogmatic-legal method has been applied, consisting of the analysis of legal regulations on the establishment and financing of awards and prizes for players of electronic sports. The subject matter discussed is divided into several main editorial units. The different parts correspond to the main outline of the problem and its relation to important scientific and practical issues. [ABSTRACT FROM AUTHOR]

The Court of Justice's case law, stretching back fifty years, provides that sporting practices which fall within the scope of EU law may be applied on the condition that it is shown they are necessary to achieve legitimate objectives and that they comply with the demands of the test of proportionality. This admirable model of 'conditional autonomy' is in danger. On 21 December 2023, the Court changed its approach. It restricted the scope for arguments specific to sport to be advanced in defence of practices reviewed against the demands of EU competition law. The risk is that an interpretation of EU law 'from a competition standpoint' – as the Court put it on 21 December - in pending cases concerning the transfer system, the regulation of agents and club (re)location will prevent sport's (claimed) special features even being assessed as part of the legal analysis. This paper urges the Court not to wreck its excellent track record in the development of EU sports law. It should treat most choices about governance in sport as restrictions of competition by effect, not object. The intent is not to immunise them from review but rather to ensure that review stretches beyond Article 101(3) TFEU and is fully sensitive to the economic and sporting context in which governing bodies operate as regulators. [ABSTRACT FROM AUTHOR]

The purpose of this study is to examine experiences female collegiate athletes encountered with Name, Image, and Likeness (NIL) legislation. Ten collegiate female athletes across multiple divisions and geographic regions were interviewed for this study. Participants discussed various facets of their experiences with NIL, such as team dynamics and personal branding. The results of this study suggest differences in (1) their institutional educational processes for NIL, (2) their attitudes toward NIL, (3) shifts (or lack thereof) in their team's group cohesion and leadership, and (4) their experience with forming and managing their personal brand. This study adds to the current body of literature illuminating the ways in which NIL legislation has impacted team dynamics and athlete branding, an area of research previously unexplored. [ABSTRACT FROM AUTHOR]

The article focuses on recent developments in sports law through a survey of court decisions between January 1, 2023, and December 31, 2023. Topics include alternative dispute resolution in sports-related cases, the application of antitrust laws to professional and collegiate sports, and significant rulings affecting NCAA regulations and athlete compensation.

In the past, sports activity mainly served as a means of rehabilitation for persons with disabilities (PWDs), leading to sports’ organizational structures to be limited primarily to athletes with disabilities (AWDs). Today, given the professionalization of adaptive sports, sports activity may also be a source of income. This, however, brings implications for forming adequate organizational structures that ensure achievement of best sports results and integration. Integration of PWDs is a process aimed at including them in the community life of persons with disabilities and opening the circles of able-bodied persons to PWDs. Given the above, in 2010 the Sports Act started to move away from the discriminating division between sports for “the able-bodied” and for “persons with disabilities”. At the moment, AWDs are subject to the same regulations as other athletes and efforts are made to involve them in competitive sports on the same terms and within the same organizational structures. The aim of this study is to see if the adopted model of organizational structures in professional (Olympic and Paralympic) has significance for the sense of integration from the perspective of AWDs. To answer this question, provisions of the Sports Act that regulate the creation of Polish sports associations (PSAs) are analysed. Results of the analysis are juxtaposed with empirical research used for expert opinions for the Ministry of Sports and Tourism, which covered 613 Paralympic athletes. Sociological, including statistical, methods are used for the analysis of empirical research. The study employs the method of investigation of the law in force to analyse provisions of the Sports Act, relying on rulings of administrative courts and legislative materials. In the light of opinions of AWDs affiliated in PSAs dedicated to training both able-bodied athletes and AWDs, different opinions are observed on the sense of integration in sports when compared with opinions of AWDs affiliated in associations dedicated solely to training AWDs. Even though the Sports Act does not have a direct and literal proof for PSA’s integrational character, interpretation of provisions by administrative authorities and their application by courts suggests otherwise. Therefore, it can be concluded that legislative changes regarding the model of PSAs, which organizes competition for both able-bodied and AWDs brings positive results in terms of integration.

The world of competitive sports has long struggled with issues surrounding gender identity and the fairness of competitions. The study delves into three landmark cases that have significantly influenced the discourse on gender and athletes. By analysing these cases, our aim is: to examine the complex interplay between gender identity, biological diversity and the principles of fair competition; to underline the importance of policies from international sports organizations that respect individual rights, the ethical considerations surrounding gender questioning and testing; and to understand the impact of these regulations, decisions and practices of sporting bodies on the lives and careers of athletes. These situations not only highlight the personal and professional struggles of the athletes involved, but also underscore the broader implications for sports regulations and the ongoing discussion around gender, human rights, non-discrimination regulations and equality of opportunity. As society's perception of gender continues to evolve, this study helps us gain a deeper understanding of the complexities regarding gender and competitive fairness, as well as the ongoing quest for inclusivity and justice in the sporting world. Also, it is important to understand that sports organizations have the imperative mission to adopt policies that uphold the integrity of competition while ensuring athletes are not marginalized based on their gender identity or biological characteristics. [ABSTRACT FROM AUTHOR]

Copyright of Retos: Nuevas Perspectivas de Educación Física, Deporte y Recreación is the property of Federacion Espanola de Asociaciones de Docentes de Educacion Fisica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

“Never look a gift horse in the mouth” is a well-known saying, yet the proverb might recently have gained new meaning. Just before the recent World Cup finals in dressage and show jumping in Riyad, there were reports about horses with blue tongues in the dressage sport. These non-human athletes did not get enough air, presumably due to overly tight bridles and excessive pressure applied by their riders. Currently, animal protection is not sufficiently harmonized and enforced in the EU, but there are reasons to be hopeful. The EU should take the lead and require member States to implement comprehensive animal protection systems.

The article is devoted to the problems of consideration of individual labor disputes of athletes and coaches in the jurisdictional bodies of sports federations and professional sports leagues. The current legislation provides for the possibility of creating bodies of pre-trial settlement of disputes in the field of physical culture and sports within the structure of all-Russian sports federations and professional leagues, which can consider individual labor disputes of athletes and coaches. At the same time, certain problems arise already at the stage of determining the jurisdiction of these bodies in terms of the possibility of considering individual labor disputes by them. Within the framework of this study, the problems related to the issues of the correlation of labor legislation and legislation on physical culture and sports, related to the procedure and conditions for the formation of jurisdictional bodies, the peculiarities of submitting a dispute for their consideration, and the observance of the principle of equality of the parties are identified. Proposals have been developed to improve the current legislation.

This Note intersects labor, employment, and sports law by reexamining the 2015 National Labor Relations Board (NLRB) Northwestern decision on the employee status of student-athletes in light of recent developments in sport and labor law jurisprudence. This Note critiques the rationale of the Northwestern decision under the National Labor Relations Act (NLRA) and highlights pertinent Name Image and Likeness and NLRB jurisprudence that signify a shift in how the NLRB views this issue. It ultimately argues that student-athletes should be considered employees under Section 2(3) of the NLRA for purposes of collective bargaining with their respective universities. [ABSTRACT FROM AUTHOR]

Copyright of Vilnius University Open Series is the property of Vilnius University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The second edition of the Handbook on International Sports Law, edited by James A.R. Nafziger and Ryan Gauthier, offers a comprehensive examination of the application of law to critical controversies in the sports industry, with a focus on Europe and North America. The book covers a wide range of topics, including gender-related discrimination, the impact of the pandemic on the 2020 Olympic Games, anti-competition laws in sports, and restrictions on college athlete compensation in the United States. The content is organized into three sections, covering dispute resolution, athlete eligibility and rights, and the role of commercial and labor law in the sports industry. While the book primarily focuses on Europe and North America, it provides valuable information for sport managers and is a leading authority on international sports law. [Extracted from the article]

New sport policies often prompt organizations in the field to alter their structures and processes. Little is known, however, about the tactics of those leading institutional change around sport policy. To address this gap, the authors draw on the concept of institutional entrepreneurship—the activities of actors who leverage resources to create institutional change. Using a qualitative case study approach, the authors examine how two coalitions that served as institutional entrepreneurs in Washington and Oregon created and passed the first youth sport concussion legislation in the United States. The analysis of this study reveals that these coalitions (including victims' families, sport organizations, advocacy groups, and concussion specialists) engaged in political, technical, and cultural activities through the use of specific tactics that allowed them to harness expertise and resources and generate support for the legislation. Furthermore, the findings of this study suggest a sequencing to these activities, captured in a model of institutional entrepreneurship around sport policy. [ABSTRACT FROM AUTHOR]

« Quand je suis arrivée en France, [...] tout ça, au fait, que j'avais vu, j'ai vécu en Pologne, j'ai transmis en France » (Folliot, 22 avril 2017). Cette notion de transmission semble importante pour Jadwiga Folliot, elle-même, lorsqu'elle décrit son parcours handballistique. Elle apparaît même comme un devoir au regard de sa trajectoire de vie. Née en 1953 à Cracovie, en Pologne, Jadwiga Nowak fait partie des meilleures juniors polonaises avant d'intégrer à 33 reprises, l'équipe nationale. Lorsqu'elle arrive en France le 1er décembre 1974, en pleine Guerre froide, des différences majeures transparaissent dans l'organisation du handball, et plus généralement dans la gouvernance du sport, entre la France et la Pologne. A partir de témoignages, de coupures de presse mais également d'archives institutionnelles de la Fédération Française de Handball, nous avons identifié les différents rôles assumés par Jadwiga Folliot dans le développement du handball au sein de l'Association Sportive de Mantes la Jolie, puis du département des Yvelines et plus largement au niveau de l'équipe de France qu'elle va intégrer en décembre 1975.Si elle ne peut importer le système sportif professionnel polonais en France, pays dans lequel le handball est encore amateur, il semble qu'elle ait réussi à importer certains aspects qui ont ensuite permis de hausser le niveau technique non seulement de son équipe de club, l'AS Mantaise, mais aussi et surtout de l'équipe de France féminine de handball. [ABSTRACT FROM AUTHOR]

It is common to hear the claim that referees in sporting events are doing their jobs well so long as they are, quite simply, being fair to both sides in a competitive event. It will be the purpose of this article to analyze this claim. I will argue that being fair to both sides is, in fact, a necessary condition for good sport officiating, but it is not sufficient. My interlocutors in the article will be J.S. Russell and Mitchell Berman, whose magisterial articles on the philosophy of sport officiating and on the relationship between sport and law rightly emphasize that rules are not all that a referee has to work with while officiating a sporting event. The point to my article is to highlight a feature of rules that is compatible with Russell's and Berman's view that rules are not sufficient: that rules are nonetheless necessary. My thesis is novel because counterintuitive: a referee who is fair to both sides can nonetheless advantage one side over another in a sporting event if the rules (whether de jure or de facto) are not followed. Compelling examples from basketball and baseball and North American football will be used to support my stance. [ABSTRACT FROM AUTHOR]

The subject of the author’s interest in this paper is the consideration of the impact of autonomous sports rules on competition in the relevant sports market. The results of the research are primarily based on the principled opinions or attitudes of the European Court of Justice and the General Court, brought forth in the socalled leading cases, in which the scope of the application of the basic provisions on the competition law of the European Union to sports rules is specified. The basic rules of the Community competition law are found in Articles 101 through 109 of the Treaty on the Functioning of the European Union. Although it is not a formal source of the European Union law, the practice of the European Court of Justice and the General Court is extremely important for the interpretation and application of the aforementioned rules. It acts like a kind of signpost on the way to the application of norms governing the protection of competition on the common market. On the basis of the Stabilization and Association Agreement, the Republic of Serbia undertook the legal obligation to implement community law (acquis communautaire) in the domestic legal system. The legal basis for harmonising the competition law in the Republic of Serbia with the law of the European Union is represented by Articles 72 and 73 of the Law on Confirmation of the Stabilization and Association Agreement between the European Communities and their member states. [ABSTRACT FROM AUTHOR]

This Article is a contribution to the history of sports law. The Article is the first ever analysis of the arguments made by professional sports leagues and their players and players associations in legal briefs and memoranda filed in the major sports law cases of the 20th century. While there exists considerable literature on the courts' decisions, the opinions in those cases provide a limited picture of the nature and scope of the parties' arguments on novel antitrust and labor issues. By obtaining the memoranda from the U.S. National Archives and Records Administration, this Article provides an unprecedented examination of the claims and defenses of the relevant parties, and how those claims and defenses evolved over time. In the earliest cases, Major League Baseball and the National Football League argued that any diminution of the restrictions they had placed on their players would literally lead to the destruction of their leagues and cause grave public harm. When the courts were not persuaded by these "doomsday" arguments, the leagues asserted that the unique nature of the sports industry, in which at least some cooperation among competitors is necessary, required that the restrictions be analyzed under antitrust law's rule of reason rather than be declared per se illegal. Eventually prevailing on that argument, and with the aid of a law student's theorizing, in the 1970s the leagues convinced the courts that the restrictions should be exempt from antitrust scrutiny so long as they were the result of collective bargaining with the players unions. The boundaries of that exemption were not clarified until the Supreme Court addressed the issue in 1996. For better and worse, the leagues and unions have been negotiating and litigating accordingly ever since. [ABSTRACT FROM AUTHOR]

Discrimination in professional sports is a long-standing phenomenon as it concerns international and national governing bodies, sports organisations and players. The focus on discrimination in football is not only due to its tarnishing of the principles and essence of this popular sport, but also its direct confrontation with fundamental values such as integration, equality, dignity, and diversity - all crucial elements of fostering community cohesion. The present paper aims to analyse a court case that centres around statements of a discriminatory nature targeting the sexual orientation of a professional player. After the National Council for Combating Discrimination (CNCD) analysed the case regarding the existence of acts of discrimination that had had as main source statements of a discriminatory nature concerning the sexual orientation of a professional football player, it issued a decision that was the subject of a complaint with the administrative court. The Court of Appeal submitted preliminary questions to the Court of Justice of the European Union (CJEU), regarding the application of Articles 2(2)(a), 10(1) and 17 of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation. The judgement of the court not only addresses the specific acts of discrimination aimed at a professional football player but also serves as a landmark moment in the ongoing battle for equal treatment in employment, regardless of one's sexual orientation. This situation also offered the opportunity to transpose the EU law in the national legislation and properly apply it to build a true Union of equality. [ABSTRACT FROM AUTHOR]

Since the 1990s, rumours of a European Super League (ESL), comprised of the major clubs from England, France, Germany, Italy, and Spain, have mounted. According to these rumours, this new league would break away from the Union of European Football Associations (UEFA). Many clubs would operate outside the current European federative system, abandoning their national leagues and football federations. An ESL thus conceived would present a menacing alternative to the UEFA Champions League (UCL) and, depending on the format of the ESL, national competitions such as leagues and cups. In this article, we draw on literature in the fields of philosophy and sport law to identify legal and ethical challenges that would result from creating an ESL. Our goal is not to provide exhaustive analyses of the identified challenges. Rather, we aim to examine the challenges to uncover intersections among sport law, sport ethics, and European football. [ABSTRACT FROM AUTHOR]

This is the first work to explore the possibility of holding sports governing bodies and competition organisers vicariously liable for the tortious behaviour of athletes that compete under their auspices. In contrast to other scholarly contributions on vicarious liability in sport, this paper examines the scope of responsibility for athletes in individual sports (as opposed to team sports). It begins by drawing upon the recent tribunal proceedings between professional cyclist Jess Varnish and British Cycling to analyse the employment status of government-funded individual athletes. In calling for a contextual and policy-sensitive approach to the definition of an 'employee', this paper argues that certain normative and theoretical considerations ought to be granted more or less weight depending on the particular legal issue animating the dispute. Thereafter, and with one eye on the overly intrusive regulatory provisions found in sports such as tennis and golf, this paper also demonstrates that the vicarious liability of governing bodies and competition organisers could equally be extended to cover the tortious conduct of non-funded individual athletes. In making these claims, it is demonstrated how a sport-specific application of the doctrine may help to teach us a few broader lessons about vicarious liability more generally. [ABSTRACT FROM AUTHOR]

The article focuses on the lack of equity in opportunities for minorities in college athletics and professional sports based on race. Topics include the underrepresentation of minorities in core and fringe sports, the role of demographics and access to facilities, and the need for policies and programs to address racial disparities.

Sports law in Indonesia has been inadequate, with the absence of comprehensive regulations governing various aspects of national sports. This has resulted in the lack of legal protection and unfulfilled welfare for sports actors who demand their rights. The Sports Law (SKN Law) emphasizes the need to position sports clearly in the national legal system as part of the process and achievement of national development goals. This research adopts a normative approach, using both statutory and conceptual methods. Secondary data serves as the primary source, and qualitative descriptive analysis is employed. Conclusions are drawn deductively, focusing on the topic of Legal Protection for the Welfare of Sports Athletes in relation to Law Number 3 of 2005. The findings reveal that Law Number 3, which established the National Sports System, encompasses interconnected elements such as sports actors, organizations, infrastructure, facilities, community participation, and supporting aspects like science, technology, information, and the sports industry. These elements require support from decision-making institutions, organizational empowerment, human resource development, sports facilities improvement, and adequate funding. The ultimate objective of sporting activities is to ensure the welfare of athletes. [ABSTRACT FROM AUTHOR]

Sports associations today occupy a rather isolated position relative to other organizations. This could not but affect the subjects of sports, which today are under a serious influence from the requirements of these associations, while simultaneously fulfilling the requirements of their national laws. In this article, the author explores the category of “sport autonomy”, as well as its impact on the labor legislation of the Russian Federation. The paper notes that the autonomy of sports should be understood as a phenomenon and as a principle. The legislator, on the other hand, avoids the concept of the autonomy of sports. The Federal Law “On Physical Culture and Sports in the Russian Federation” enshrines the principle of self-regulation in sports, which introduces additional confusion into the study of the problem. The article provides examples of the impact of sports autonomy on individual forms of interaction between an athlete, coach and employer. In particular, the employment contract, the temporary transfer of an athlete to another employer, the procedure for considering individual labor disputes were studied. It is obvious that the implementation of the norms of corporate acts of sports organizations has a beneficial effect on the regulation of the work of athletes. But work in this direction must continue.

The interests of athletes are a fundamental aspect of the Olympic Movement. Yet, athletes face jurisdictional barriers when attempting to advance their interests and challenge the International Olympic Committee (IOC)'s exercise of authority over the Olympic Movement, including the IOC's decisions regarding which sport events are included in the Olympic Games. Previous attempts to challenge the IOC's selection of sport events for the Olympic Games have been unsuccessful in national courts, as seen in the case of Sagen v. Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games ("Sagen") involving women's ski jumping. Following the outcome in Sagen, academics theorized that athletes might have better success challenging Olympic event selection decisions at the Court of Arbitration for Sport (CAS), as CAS has several jurisdictional advantages over national courts. A recent CAS decision in Henriques v. IOC ("Henriques"), involving the exclusion of women's 50 km race walking from the 2020 Olympic Games, casts doubt on this approach as CAS dismissed the application due to the lack of an arbitration agreement between the appellants and the IOC. However, the outcome in Henriques should not deter athletes from using CAS to challenge the IOC's Olympic event selection decisions in future cases. It is arguable that the CAS panel's reasoning in Henriques did not properly consider how the arbitration clause in the Olympic Charter could form the basis of an arbitration agreement between the appellants and the IOC under Swiss law. Additionally, the CAS panel's decision in Henriques can be used to inform legal strategies in subsequent disputes to ensure that CAS is able to hold the IOC accountable for Olympic event selection decisions that are discriminatory or otherwise unlawful. [ABSTRACT FROM AUTHOR]

The subject of this article is the use of ADR in sports disputes in association football under the Polish and Ukrainian law. Professional and amateur sport generates various types of disputes related to both disciplinary and civil cases, an example of which may be disputes arising during the execution of contracts binding players and football clubs. In the first part, the scope of disputes that are subject to ADR in association football is outlined. The next part presents legal solutions adopted under the Polish law in this respect, of which the activity of the Football Arbitration Court of the Polish Football Association is a particular example. The last chapter is devoted to the Ukrainian perspective on the resolution of disputes in association football. [ABSTRACT FROM AUTHOR]

The article provide a survey of recent developments in sports law. It summarizes a range of sports-related cases that took place in 2022, covering various areas of law such as alternative dispute resolution and antitrust law. It provides brief summaries of selected cases and their outcomes, offering insights into the legal issues affecting the sports industry and highlighting the most significant developments in sports law during the specified time period.

This paper provides a short response to the critique of realist evaluation written by Haudenhuyse and Debognies in 2022 in the International Journal of Sport Policy and Politics. No doubt experienced realist evaluators will have already made a wry judgement on the perspicacity of their opinions. However, new researchers and evaluation commissioners newly considering a realist approach may be dismayed by what they read. [ABSTRACT FROM AUTHOR]

The purpose of this study was to explore the Official Languages Act's implementation and impact on collaboration between national sport organisations (NSOs) and Quebec provincial/territorial sport organisations (P/TSOs) in the Canadian sport system. Using the policy implementation process model as the theoretical framework, data were gathered through interviews with executives from 22 Quebec P/TSOs. Publicly available documents from the P/TSOs and their respective national-level counterparts were also collected. Interview data were thematically analysed and results suggest NSOs successfully implementing the Act had better collaborations with their provincial counterparts located in Quebec than those failing to do so. Researchers should consider the impact of bilingual-based policies and language on collaborative governance. Beyond NSOs purposefully hiring bilingual staff members, Sport Canada should implement more policy enforcement activities. [ABSTRACT FROM AUTHOR]

Regular involvement in organised youth sport boosts the likelihood of lifelong sport participation. However, increasing dropout rates in sport clubs and alarming levels of young people not meeting physical activity guidelines may suggest that the organised sport sector's efforts have been insufficient to date. This situation calls for evaluation of the applicable youth sport policy to determine how organised youth sport is intended to operate and to articulate whether and how the policy achieves its stated goals. Accordingly, this paper identifies and analyses initiatives of national governing bodies (NGBs) to increase participation rates and improve the quality of youth sport in their affiliated sport clubs, using Flanders as a case study. A theory-based evaluation was applied working with qualitative data derived from extensive document analysis and five focus groups with representatives of 19 Flemish NGBs. The results reveal that the focus of NGBs is narrowed to increasing participation rates of youth members and building a sound organisational structure in sport clubs, rather than investing in the quality of provision to maximise enjoyment. Furthermore, most of the initiatives lack a clearly articulated strategy and are based on assumed mechanisms, rather than on prior understanding of effective processes. This study adds to the scarce literature on sport policy evaluation research by mapping out NGBs' youth sport initiatives and using a theoretical lens through which to evaluate them. For practitioners, the results demonstrate the usefulness of a logic model to evaluate youth sport policy and to optimise the effectiveness of the initiatives employed. [ABSTRACT FROM AUTHOR]

The article concerns the cooperation agreement between scientific units in the field of sports law. The Network, not having legal personality, uses the legal personality of its members. The network is not a civil law partnership agreement. The coordinator of the network agreement is the John Paul II Catholic University of Lublin in Lublin. The members of the network remained fully independent in their non-target activities. The study used the dogmatic-exegetical research method, which required an analysis of detailed legal regulations in this area. The article presents the personal views of the authors and cannot be interpreted as the position of any authority, entity or institution.

The article concerns the cooperation agreement between scientific units in the field of sports law. The Network, not having legal personality, uses the legal personality of its members. The network is not a civil law partnership agreement. The coordinator of the network agreement is the John Paul II Catholic University of Lublin in Lublin. The members of the network remained fully independent in their non-target activities. The study used the dogmatic-exegetical research method, which required an analysis of detailed legal regulations in this area. The article presents the personal views of the authors and cannot be interpreted as the position of any authority, entity or institution.

In 2016, three universities in Poland established, on the basis of the provisions of the no longer applicable Act of 30 April 2010 on financing science, the first in Poland "Polish scientific network - Research and development work for the dissemination of sports law". On the basis of this project, the next step was to establish a registered association under the name of Towarzystwo Sieci Naukowej Sportowego (Towarzystwo Sieci Naukowej Sportowego), this entity as a unique entity on the sports market is responsible for the entire spectrum of activities in the field of management and law in sport. The article aims to discuss good practices in the activities of third sector organizations on the example of the said association. The work uses the dogmatic-exegetical method of research, thanks to which the wording of the statute and the agreement of the scientific network were quoted. An empirical method was also used, which is related to the experience of some of the authors - members of the said association.

The subject of this article is the use of ADR in sports disputes in association football under the Polish and Ukrainian law. Professional and amateur sport generates various types of disputes related to both disciplinary and civil cases, an example of which may be disputes arising during the execution of contracts binding players and football clubs. In the first part, the scope of disputes that are subject to ADR in association football is outlined. The next part presents legal solutions adopted under the Polish law in this respect, of which the activity of the Football Arbitration Court of the Polish Football Association is a particular example. The last chapter is devoted to the Ukrainian perspective on the resolution of disputes in association football.

This article examines the regulation of the personal non-property rights of athletes in the context of modern contractual structures used in their professional activities. The author justifies that contracts used in professional sports have their own characteristics. The article analyzes European and Ukrainian legislation and individual contracts with the participation of athletes, which makes it possible to draw a conclusion about the presence and use of atypical contractual structures in this field. In general, the article emphasizes the need to use contractual structures to regulate not only the professional activities of athletes but also the regulation of personal non-property rights, which is more than topical in modern conditions.

The existence of sports crimes throughout the history of sports is an issue that affects the lives of athletes and those involved in this field and has always been considered as a phenomenon that shows a group of people in the sports community against social norms. Therefore, recognizing the main roots of crimes and sports injuries is one of the ideals that sports law experts have had in mind for a long time. Investigation is a sport crime. The method of this article is quantitative and qualitative. In other words, the research method in this study is mixed research. Library information using reputable scientific journals and publications and articles published in them. The main tool for data collection in this research is a questionnaire and interviews. In this research, two researcher-made questionnaires were used and quantitative data from SPSS software were analyzed using descriptive and inferential statistics. Findings of this study have studied the establishment of a legal federation in Iran. This study was conducted with the cooperation of 270 managers, coaches, judges, experts, and journalists. As a result, according to the findings, it is necessary to establish a legal federation and, consequently, legal committees in the general departments of youth sports in the provinces of the country, which can include such things as: Coordination, control and supervision of staff, supervisors, coaches and athletes according to the description of duties and relevant authorities, necessary measures regarding the presence of students in clubs