I. Articles and Researches

DISCUSSION OF REFEREE'S SUBJECT STATUS AND RESPONSIBILITY OF BEHAVIOR
Wang Xiaoping
Professor China University of Political Science and Law

Abstract: For years domestic scholars have not conducted much study on referee's subject status and responsibility of behavior. Due to the special rule the referee plays in the match, the identification that if the referee need to undertake the responsibility is always vague. The competition rules and sport industry organizations give more to technical regulations, coupled with that China's relevant laws of this field is imperfect, thereby it's difficult to restrict the behavior of referee. Thence, the author attempts to analyze and research in terms of the referee's concept, status, behavior and responsibility to get a clear definition of the referee's behavior.
Key words: The Referee Status Responsibility of behavior

 

CHESS AND DOPING: A CALL FOR MORE STUDIES AND ADAPTED ANTI-DOPING SYSTEM

SalomėjaZaksaitė
Phd, Postdoctoral Researcher at Mykolas Romeris University, Lithuania*.

Abstract: The article aims to cover certain questions arising from the factual inconsistency between the anti-doping system and mind sports, namely chess. The first question is related to the Prohibited List. Actually, chess players are subject to the same general Prohibited List as other sportsmen. Such equality sounds rather weird, since mind sports require different skills comparing to those in physical sports. Studies show that chess players might try to enhance their performance by taking drugs that improve their alertness. Thus, it is an ongoing need to conduct more researches on certain substances that are prone to improve performance in chess and, subsequently, a special (naturally, much narrower) Prohibited List is to be drawn up. The second question relates to the practical testing and whereabouts of chess players. Up to now, few chess players have been tested and even fewer have been punished. Such a situation can be hardly associated with clean sports – it is more probable that the inherent incompatibility of the whole anti-doping system is witnessed. In other words, the system was created not for mind sports and, as a result, it is not fully applied.

Key words: mind sports, chess, doping, proportionality test

 

A STUDY ON THE APPLICATION OF GENERAL PRINCIPLES OF LAW IN COURT OF ARBITRATION FOR SPORT
Zhi Li
Professor in Law faculty at the FuZhou University, China*
Yijuan Qiao (Dr).
Lecturer in law faculty at Hunan Normal University, China

Abstract: General principles of law are basic rules whose content is very general and abstract, broadly applying with their features of fairness and universality. Court of Arbitration for Sport (CAS) is the pinnacle of the worldwide dispute settlement system for sport matters. Like others international courts, general principles of law have always maintained a place of special prominence in deciding cases. Firstly, the article analyzes various ways of applying those principles from six typical awards, including the supplement for rules of International Federations or the interpretation of vague words in rules and so on. Then, overemphasis of general principles of law in arbitration, it also reveals distinct obstacles which put off the fair play of competitions, even violates some fundamental rights of athletes. Therefore, authors propose that CAS should keep its significant autonomy from federations or states, be prior to apply autonomous rules, explore other meanings of general principles of law combing with specificity of sport disputes, and promote the rule of law in the process of self-regulating in the sport field to realize that duel justice in both sport and legal realm.
Key Words: CAS general principles of law sporting justice legal justice

 

LEX SPORTIVA AS AN AUTONOMOUS TRANSNATIONAL LEGAL ORDER

Vinicius Machado Calixto
Lawyer, researcher at Instituto de Desenvolvimento do Esporte (IGESPORTE)*

Abstract: The purpose of this paper is to identify the existence of Lex Sportiva as an autonomous transnational legal order. In an attempt to conceptualize the context of global legal pluralism, some aspects must be treated. There are important areas of law in which globalization may create a need for other regulation models without the central role of national states. The legal phenomenon characterized as transnational law is directly connected to the emergence of some special legal orders. Thus, Lex Sportiva is a manifestation of transnational law related to the sports context and it demands an explanation about the particular mechanisms that guarantee the autonomy of this legal order. The Olympic Movement, the Court of Arbitration for Sport, the International Federations and the World Anti-Doping Agency are some organisms that contribute to the establishment of a particular legal order in reference to the sports context. From the analysis of the relations between these organisms, it is possible to set the framework for the harmonization and validation of Lex Sportiva. The observation of contractual practices from private operators and the subsequent formation of a structure composed with a robust jurisprudence and regulation are indispensable to affirm the autonomy of this legal order. Nevertheless, this autonomy does not represent an absence of relations between different legal orders. In this context, it is even necessary to underline their complexity.
Keywords: Lex Sportiva, Transnational Law, Sports Law, Legal Pluralism, Court of Arbitration for Sport.

 

CONTRADICTION BETWEEN NATIONAL AND SPORTS REGULATIONS AND THEIR IMPACT ON SPORT INVESTMENT
Majed Garoub
Lawyer, President of Saudi Arabi Sports Law Center, Saudi Arabia

Abstract: The football association, as all other sports associations, such as equestrian, car racing and gymnastics, has independent legal personality, practicing all its powers, financial, administrative and technical duties in accordance with its own statute and bylaws. The only reference for a sport association in conducting its activities will be the Olympic Committee. National sports association should work in a manner not contradicting with their membership in the continental confederations or the international association. The main objective of any sport federation, taking football federation as an example, is to improve the game and to continuously promote through practicing the game, the unifying humanitarian, cultural and educational values throughout the country. To achieve this objective, the federation formulates youth programs, develops games for professional and amateurs and organizes and improves all complementary elements such as administrators, players, coaches, referees, stadiums and supporting tools.
Keywords: football association, Olympic Committee, administrators, players, coaches, stadiums

 

FINANCIAL FAIR PLAY REGULATIONS AND THE FUTURE OF EUROPEAN FOOTBALL
Hande Öztürk
Lawyer, Istanbul Bar Association, Turkey
Abstract: Fair play is undoubtedly what everybody hopes for in sports. Being an important part of current sports world, finance is also to be kept clean in order to secure fair play in all aspects. However, when a lot of money comes in a field such as football, it becomes hard to monitor where money comes from and goes, and speculations begin.
Being the chief body of European football, UEFA accepted Financial Fair Play Regulations to establish a more transparent and fair competition between the clubs and to bring European soccer into balance. Regulations set forth gradual applications and sanctions for those who fail at complying therewith. At this point it is important to understand the purpose of the Regulations as well as the terms introduced such as overdue payables, going-concern and break-even. Thus, we shall first explain the requirements of the Regulations, and then study the sanctions with case-examples.
UEFA already imposed sanctions on certain clubs, but the sword of Damocles is still hanging over some other. We will see how many clubs will drown while others manage to keep their heads above water.
Keywords: Overdue payables, compliance, UEFA, financial fair play, break-even, going-concern

 

CODIFICATION OF PROVED SPORT PATTERNS :
a study of its necessity

Mehdi Yousefi Sadeghloo
Assistant Professor at University of Iran, Doctorate of private law from Limoge France, Member of Iranian Association of Sport Law, attorney at Law, Iran
Mahsa mokarrami
Post graduate Student at Private Law M.A Member of Iranian Association of Sport Law, Iran
Abstract: Today, Sport plays a vital role in the lifes of the people across the world. Millions of individuals do sport and there are many audiences and advocates of various sport events broadcasted by T.V and radio channels. since a professional sport man is expected to behave as an exemplar of its society's youth and to observe the moral values and customs of sport , definition of morality criteria and ethical codes together with exploring the patterns of professional behaviors is the first step in this path. Ethics in sport is one of the subjects of applied ethics which is used for used for measuring the ethical , practical decisions and for facing the ethical issues, behaviors and policies in professions, technologies , governments , etc. When defining ethics in sport. Its philosophy and sources should be identified and considered. While sport is used as a tool for gaining money and prestige , ethics will not be held. Unfortunately, professional ethics hasn't been given an important position in terms of structure and ethical discussions were mainly used as advices and recommendations. This is while the necessity for defining these behaviors is a must and the current research is intended to consider this issue.
Key words :Sport patterns , Ethics in sport , Professional sport , Moral values , Fault , Code of practice .

 

POLITICS, SPORTS MEDICINE AND THE SPREAD OFNEW DOPING TECHNOLOGIES IN PROFESSIONAL SPORTS.

Anatoly Peskov (PhD)
Advocate, Director of Security Department, Russian International Olympic University, Russia

Abstract: The article examines the influence of politics, pharmaceutical companies on the distribution of doping in professional sports.The author assesses the role of totalitarian regimes, as well as countries with different political systems during the Cold War in distributing of doping in the context of historical events.The author notes that advanced economies are actively using modern technologies of sports medicine for the victory of their athletes.These technologies are often similar to the concept of "doping" in accordance with the criteria of the World Anti-Doping Code. However, athletes of "poor" countries do not have such opportunities, and this undermines the principles of the "spirit of sport", "equal opportunity" and "fair play". The article also conceptualized the prospects of combating doping in the context of continuous improvement of doping and anti-doping technology. The author considers that the international sports organizations should define the system of measures for equalizing rights and opportunities in sports, in particular, the availabilityof advanced sports medicine technology for all athletes.

Keywords: biomedical research,clinical drug trials, RUSADA - Russian Anti-Doping Agency, prohibited method and substance, sports medicine, WADA- World Anti-Doping Agency

 

II. Special Researches

THE PRINCIPLE OF EXCLUSION IN THE FRAMEWORK OF THE NATIONAL SPORTS LAW
PROCEDURAL ISSUES IN THE ADMINISTRATION OF JUSTICE
( The Case of the Art. 131 2725/1999 Greek Law)

Dimitrios P. Panagiotopoulos
Professor at the University of Athens
President of International Association of Sports Law, Greece
Aikaterini Karachaliou
Lawyer, Researcher of Hellenic Center of Research on Sports Law (Greece)

Abstract: The exclusion of the appeal to the civil courts, for the judicial disputes concerning sports, as much as the provisions of the art. 131 of the Greek law 2725/1999 , have many procedural issues during their application and it gets difficult for the administration of justice to be conducted properly, which has as a result significant and various consequences to come up.
The International Olympic Federation (IOF) , the International Sports Community, the International Sports Federations ( ISF) to ensure the validity of their regulations, and the obedience to their Bylaws ( Lex Olympica- Lex Sportiva), they impose in their statutes the Principle of the Exclusion ,for people involved in Sports, from appealing to the civil courts. Mostly, the acceptance of this Principle is a condition so as for the National Sports Federations (NSF)to participate in the International Championships. Proportionally to this practice, the Greek national legislator adopted the same Principle (Principle of exclusion), which is applied as a condition to participate in the National Championships. The legislator renders this principle as a mandatory rule of law, ius cogens, as, even if there is not a written indication of the aforementioned exclusion clause in the Statutes of the associations, SA etc, it is considered that it is contained in them automatically.
The application of the art. 131 brings to surface numerous, various and undissolved procedural issues and many justifiable questions. How could this legal provision be combined with the art. 8 of the Constitution of Greece, which concerns the non- unintended deprivation of the person from the natural judge? In which way is the application of the art. 131 interlinked with the art. 263 Code of Civil Procedure ( CCP), which prohibits the compulsory arbitration? Finally, is the art. 131 in direct opposition to the art 20 p.1 of the Constitution of Greece , which is about the judicial protection, and the art. 6 of the European Convention on Human Rights (ECHR ) which concerns the demand for the conduction of a proper, < fair> trial?
All the above and much more, we are called upon to consider, based on the jurisprudence and the bibliography, so as to reach a conclusion by evaluating the issues that come into view by the application of the Principle of Exclusion, while aiming to ensure the conduction of a "fair trial", with guarantees of objectivity, which characterize the role of the natural judge.
Key words: Sports judicial disputes, Sports Federations, ius cogens, jurisprudence, judicial protection

 

MEDIATION IN SPORTS LITIGATIONS WITH CRIMINAL NATURE IN THE NEW REGULATIONS OF THE LAW OF MEDIATION AND THE ROMANIAN CRIMINAL PROCEDURE CODE

Cristi Danilet (Dr)
Judge – Member of the Romanian Superior Council of Magistracy, Romania
Alexandru-Virgil Voicu
Professor, President of the Juridical Commission of the Romanian Olympic and Sports Committee, Romania

Abstract: In Romania, the settlement of conflicts related to sport – namely the conflicts that violate the norms of common law, the regulations of "the sports field" as well as those elaborated by the sports national and international institutions and organizations– is becoming more and more a specialized object of particular interest for the jurists, be they magistrates, lawyers or mediators. A challenge in this respect is the recognition of Sports Law as a distinct branch of Law as well as a field of study that lies where the sciences of Law and Sport meet – a fact reinforced by the EU policy on sport. Thus, the law courts and the disciplinary committees of the sports federations are compelled to coordinate their regulations with the White Paper on Sport which entered into force on December 1, 2009. The Ethics Commission and the Juridical Commission of the Romanian Olympic and Sports Committee, as well as the Romanian National Commission of Sports, in turn, must change their statute and procedures in accordance with the current provisions of the International Council of Arbitration in Sport (ICAS) and those of the Court of Arbitration for Sport (CAS) in Lausanne.
This paper aims to present instances of mediation in criminal matters and the civil aspects of these proceedings – mediation being a means of amiable conflict resolution with the help of a third person who is specialized as a mediator, in neutral, impartial, confidential circumstances and having the free consent of the parties involved .
Key words: criminal offence, sport activities, sports litigations with criminal nature, mediation in criminal matters; civil mediation in criminal proceedings, mediation agreement; civil claims.

 

GLOBAL SPORTS TOURISM AND THE NECESSITY OF AN INSTITUTIONAL FRAMEWORK IN GREECE

Panagiotis Panagiotopoulos
PhD candidate in Charokopeion University of Athens, Greece

Abstract: In our days, sports tourism has been an activity that numerous people are involved with. The main question arising from this activity is, if there is a specific institutional framework concerning sport tourism. In several European countries, as well as in the American continent, there is a specific regulatory framework that governs the activity of sports tourism, concerning both the nature of the activity and the framework that it evolves and develops within the country. Such thing does not happen in the case of Greece for several reasons, from which, we may highlight the absence of a national institutional framework concerning sports tourism as well as the extreme difficulty in organizing sports tourism activities due to bureaucracy reasons. These issues, may had been resolved with a complete institutional framework for sports tourism that does not conflict with any of national of international laws. In this paper, it is being presented the legal state in Greece concerning sport tourism. In addition, there is an effort to compare the procedures and actions that took place in other European countries such as Great Britain, that have a different legal system, to those of Greece and present the benefits that arise in an international level, so that we understand how important is to have a well-established institutional framework and we find ways to promote sports tourism in Greece effectively.

Key Words: Sports tourism, Greek regulatory framework, conflicts, international law, development, sport tourism charter.

 

APPLICATION OF COMMUNICATION PRINCIPLES ON ATHLETIC TOURISM.
A RESEARCH ON THE SEMI- MARATHON OF THE CITY OF LEIVADIA

Karagiannis Stephanos (Mag. Dr.)
Associate Professor, Department of Economic Regional Development, University of Panteion Athens
Stavroulakis Dimitrios (Dr.)
Professor, Department of Accounting & Finance, Technological Educational Institute of Piraeus
Karabekou Amalia
M.Sc & M.P.A Department of Economic Regional Development, University of Panteion Athens

Abstract: Authors attempt to map sectors of tourism and athletics in Greece, as well as to trace the impact of tourism on hospitality services. At first they assess the tourism process through accessed sources (studies, monographs, sectoral bibliography). Both Greek and international bibliography underline the positive impact of tourism on employment, balance of payments, currency inflow, and local development. Studies conducted by the World Tourism Organization (UNWTO) forecast a steady increase of arrivals in the forthcoming years.
Authors deal also with the issue of athletic tourism improvement. Through the introduction of a competent communications strategy, areas that lack adequate tourism development, like the city of Leivadia, could be upgraded significantly by hosting variform athletic activities. In this respect, a field study through a questionnaire has been conducted in the city of on the occasion of the conduct of the Semi- Marathon race in 2014. The sample of the survey consisted of 114 persons, of which 56 were men and 58 women of various ages, who had visited the city of Leivadia in order to participate in the 2nd Semi- Marathon. Statistical analysis has been conducted by using SPSS. Trends, needs, and desires of Greek sport tourists have been explored. During the ongoing harsh economic situation, critical sectors such as athletic tourism are expected to promote sustainable local development due to its contribution to the GDP, to the increase of employment, as well as to the expansion of the taxable base.

Key words: Tourism, athletic tourism, city of Leivadia, Semi- Marathon, communication, field study

 

SPORTS LEGAL REGIME OF IRAN

Jalil Maleki,
Prof., Attorney at law & DEAN OF THE LAW FACULTY ,Islamic azad university central Tehran branch, (A.U.T.B), Iran
Yaghoub kadkhodaei
Attorney at law and student of LLM in private law , Iran

Abstract: As one the most attractive and crucial activities in providing various job opportunities, absorbing capitals, promoting social participation, preparing sources of income together with involving a large group of human resources, today sport is one the very elements of a developed country which has led to the creation of rapport among different organizations both nationally and internationally. In some countries sport has allotted a part of the public budget to itself, however in some others it has become a prosperous and profitable industry. And, subsequently the conflicts of countries and individuals' interests in this context have increased the number of delinquencies and crimes in this field. Duping; financial disputes among the players, coaches, supervisors, authorities, clubs; adverts; Products; contracts with runaway prices have all arisen international attention toward managing and organizing this part of human activities.
Sports law as a major of law deals with studying legal events and activities together with studying related events in sports including contracts and upcoming responsibilities, crimes and semi-crimes whose issues are lives, properties, dignity, honor and other legal rights of individuals who are involved with sports. Sports law seeks the expansion of relations among countries internationally following political, economical and social purposes, and thus has been of main interests of different communities in different forms.
Although traditional Iranian sports such as wrestling and Zoor-Khaneh sports have got deep cultural and historical ties in Iranian society, systematic and professional sports have been professionally experienced in Iran since over a hundred years ago. Relatedly various rules and regulations have been enacted directly or implied to protect the sports activities, as well.
In this article according to the international aspects of sports in Iran, which have been mainly created by joining the global federations and signing the contracts with players, coaches and in general all the external contributors, besides studying the sports law in Iran and related issues on the history of sport in Iran other subjects such as policies enforced by the state, process of managing and organizing fields of sport, legal procedures and attitudes to sports contracts, commission of parties, approaches of the state to the following contracts, process of managing sports cases, sanction of the rights of sports individuals, approaches of universities and ministry of science towards, legal aspects of responsibilities and of coaches, trainers, athletes, managers, authorities, audiences, sports organizations, regional sports management, sports doctors, producers and sellers of sports devices, copyright law and etc. will have been analyzed.
Keywords: Iranian Sports Law, Sports Contract, Sports Responsibilities, Sports References, Sports Resources

 

ASSOCIATIONS AND SPORTS CLUBS IN THE LIGHT OF COMMUNITY AND INTERNATIONAL LEGISLATION: BRIEF NOTES ON THE VERIFICATION OF THE COMPATIBILITY OF THE SYSTEM WITH THE SPORTS ANTITRUST RULES AND THE PROTECTION OF COMPETITION

Roberto Carmina
Attorney, a Law Lecturer and a Doctoral Candidate at the University of Palermo, Sicily, Italy

Abstracts: The article discusses the problem of the monolithic governance structures of sport. The purpose of the author is to suggest an alternative approach based on a "free market" of sport. The European sports system and the antitrust laws and judicial system in the United States and the protection of competition