Back to Search Start Over

Towards a sporting nationality?

Authors :
Olivier Vonk
Gerard de Groot
Anna Sabrina Wollmann
Private Law
RS: FdR Europees Privaatrecht
RS: FdR IC Personen-/familierecht
RS: FDR - MACIMIDE
Source :
Maastricht Journal of European and Comparative Law, 22(2), 305-321. SAGE Publications Ltd
Publication Year :
2015

Abstract

Introducing a ‘sporting nationality’ that is completely independent of the standard legal nationality linking individuals to a state is neither feasible nor desirable, as the term nationality and its connotations are broader than the mere sporting context. Since the literature on sport law (lex sportiva) is not clear about the differences and similarities between sporting nationality and standard legal nationality, the concept of sporting nationality remains vague. This article argues that nationality should remain the underlying tie between athletes and their country of representation. Instead of introducing a sporting nationality, the recommendation is to establish a uniform set of rules that provides athletes with a ‘sporting license’ of the country of which they are nationals. This avoids confusion as to whether a sporting nationality entails some of the rights and duties traditionally linked to the concept of nationality.

Details

Language :
English
ISSN :
1023263X
Volume :
22
Issue :
2
Database :
OpenAIRE
Journal :
Maastricht Journal of European and Comparative Law
Accession number :
edsair.doi.dedup.....e3af8b8c04e868dc8daec1baece4b085
Full Text :
https://doi.org/10.1177/1023263x1502200208