Abstracts

25th IASL
International Sports Law Congress
Friday, 13 -14 December 2019

 Opening Ceremony

Dimitrios PANAGIOTOPOULOS
Professor, National and Kapodistrian University of Athens, Greece
LEX SPORTIVA - OLYMPICA:
A Sports Legal Order, beyond national and international sports law
Μια αθλητική έννομη τάξη, πέρα από το εθνικό και διεθνές Αθλητικό Δίκαιο

Abstract: By the present paper, it is examined whether international law relates to sports law and the particular nature of Lex Sportiva. It is also researched whether Lex Sportiva / Olympica may be a subcategory of international law, or on the other hand, it creates a different kind of rules of law in the international practice field of sports.
International organizations are governed by the principle of speciality. A twofold test verifies the possession of legal personality by international organizations. First, it must be shown that the member states intended to confer upon the international organizations the competence required to enable them to discharge effectively these functions. Second, it is necessary for the organization to enjoy real autonomy from member states and the effective capacity necessary for it to act as an international subject.
In terms of the creation of the rules, the main legislating function is performed by the international organizations of sports law, i.e. the International Olympic Committee and the international sports federations. However, there are many differences between Lex Sportiva and International Law. In case of non-compliance by the member states with the rules of Sports Law as Lex Sportiva, the exclusion of the disagreeing member, be it a national sports organization or sports federation or athlete, is immediate and is enforced through the sanction of permanent or temporary banishment from the games.
We observe differences between Lex Sportiva and international law on issues fundamental to the nature and the quality of the law itself.
We are before another species of the international legal system which cannot be a simple category or a diversification of international law. Between the system of Lex Sportiva and public international law, there is no conflict because there is a law of private nature, internationally, which is the sports "unethnical», that regulates a field of relations that could regulate the public order to apply the provisions of this regulation. This is another kind of law on the international level, which is parallel with international law, shares common elements, such as the general principles of law generally, in a new composition, type in the international arena Lex Sportiva / Olympica.
The rules of this new legal order are a new system of rules derived from the composition of rules in proportion to the Lex Mercatoria, international law and domestic legal systems.
That is, the Lex Sportiva-Olympica, a really "unethnical" law internationally, to which, however, the theory does not give special power. Nevertheless, it constitutes a sui generis sports law legal order imposed in the sports world heteronomously, through these international sports organizations. The rules of Lex Sportiva and Lex Olympica and the quality of the content of these norms demonstrate that sports law is not a subcategory of international law, as International Sports Law, but a different kind of law, Lex Sportiva /Olympica.
The need for fundamental changes in the organization of the international sports practice under the principle of legality in international sports field becomes imperative, via a constitutional charter for sport and an international jurisdiction, an international Court for Sports.
Keywords: Sports law legal order, Lex Sportiva, Lex Olympica, Lex Mercatoria, jurisdiction, public law, sport, the constitutional charter

1st Session

THE PROFESSIONAL SPORTS TODAY – LEX SPORTIVA

Robert DINGLI
Dr in Sports Law, Lawyer, Malta
A Legal Analysis of the Sporting Autonomy Principle

Νομική ανάλυση της των αρχών της αυτονομίας του Αθλητισμού

Abstract: The foundation principle for the development of international sports law is the autonomy in the decision-making process of international sporting federations. The principle of autonomy can take various forms; amongst them legal autonomy, political autonomy, financial autonomy and pyramidal autonomy. Such principle allows sport governing bodies (SGB’s) to establish, amend and interpret their rules freely, without any undue political or economic influence, hold free elections within their respective bodies and to obtain public funding which helps to achieve their objectives and goals, without having to abide to any external influence or conditions. The evolvement of this doctrine of sporting autonomy has, as a result, fueling the growth of Lex Sportiva with the ‘cornerstone’ of Lex Sportiva being the ‘autonomy for decision making bodies in sport’ that are capable of producing a distinct and unique body of law, whilst at the same time recognizing the Court of Arbitration for Sport (CAS) as the institutional source of sports law. Owing to an increased limitation to such sporting principle calls for the protection of such principle have now become more urgent and louder.

This research paper aims to understand what the sporting autonomy principle comprises of and what it seeks to achieve. Although there are different degrees of autonomy, the focus is primarily made on legal autonomy which concerns the private autonomy of a sports organization. This research paper shall begin with a general overview of the development of the sports autonomy concept, studying its evolvement both from a legislative and judicial perspective. It will then delve into the various interventions that have been made by third parties, such as the State and judiciary, which directly affected the autonomy of SGB’s.

As an outcome, this research paper shall call for the need to reach a negotiated form of autonomy which on the one hand continues to ensure that SGB’s remain autonomous and at the same time ensures that such autonomy is not abused of by observing principles of good governance. To achieve this, numerous proposals shall be listed and debated which in the opinion of the author would be able to ensure that such form of negotiated autonomy can be achieved, which would be beneficial to all key stakeholders.
Keywords: Autonomy, Sport Governing body, Lex Sportiva

Alkis PAPANTONIOY
Lawyer, Sports Law Candidate Dr., School of Physical Education and Sport Science, National and Kapodistrian University of Athens, Greece
Club’s bankruptcy in football – “Sporting Successor”, regulations and jurisprudence in international level
- Πτώχευση Σωματείου στο ποδόσφαιρο - "Αθλητικός διάδοχος", κανονισμοί και νομολογία σε διεθνές επίπεδο

Abstract: A club is a sporting entity identifiable by itself that goes beyond the legal entities which operate it. The obligations acquired by the entities in charge of the club’s administration in relation to its activity shall be respected.
The prevalence of the continuity and permanence of the sporting club in front of the entity that manages it, it has been recognized, even when dealing with the change of management companies completely that are different.
If an entity purchases the assets of a bankrupt club, continues the activity formerly developed by the bankrupt club with the same elements of its identity (e.g. name, colors, fans, history, sporting achievements, trophies, stadium, roster of players, historic figures, badge, hymn) and participates in national competitions, on the basis of the federative rights acquired, replacing the former club with the consent and approval of the national football federation, it is to be understood as the legal successor of the bankrupt club.
FIFA, under its new Disciplinary Regulation, codifying CAS jurisprudence, has now directly the ability to enforce decisions by imposing sanctions against the sporting successor of a non-compliant party. Therefore, if a club, unable to fulfil its payment obligations under previous owners, the new owners are required to comply with a decision of FIFA or CAS, otherwise they would be considered as “non-compliant” and will be subject to sanctions provisions under the FIFA Regulations.
An analysis of the jurisprudence that leads to this new article and the critical points in theory and practice, will enable the participants of the Congress to better understand the importance and the impact of this regulation to the sports’ world.

Keywords: Bankruptcy, Successor, UEFA, FIFA

Marina KAMENECKA-USOVA
Assistant Professor University of Applied Sciences EKA, Latvia
- European sports law, European policy on Sport
- Ευρωπαϊκό αθλητικό δίκαιο, ευρωπαϊκή πολιτική στον αθλητισμό

Abstract: The European Union is based on the rule of law. This means that every action taken by the EU is founded on treaties that have been approved voluntarily and democratically by all EU member countries. For example, if a policy area is not cited in a treaty, the Commission cannot propose a law in that area. In the EC Treaty, this was stipulated in Article 5(1) EC, whereas since the entry into force of the Lisbon Treaty this ‘principle of conferral’ is located in Article 5 TEU. Prior to the entry into force of the Lisbon Treaty on 1 December 2009, the EU was equipped with no explicit powers in the field of sport. More than that: the EC Treaty did not mention sport at all. But ab initio in Walrave and Koch the Court rejected a line of reasoning that would have rigidly separated sports governance from EC law. That would have sheltered a huge range of practices with economic impact from the assumptions of EC law, damaging the achievement of the objectives of the Treaty. Instead, the Court has consistently taken the view that in so far as it constitutes an economic activity sport falls within the scope of the Treaty and sporting practices must comply with the rules contained therein, as stated by Wetherill. The paper shall further elaborate on the European sports law and its dimension.

Keywords European sports law, European policy on sport

Karina ZALCMANE
Asst. Professor, Director of Bachelor program "Law" at EKA University of Applied Sciences (Riga), Latvia.
- Sports Criminology, crime prevention, research
- Αθλητική εγκληματολογία, αποτροπή του εγκλήματος, έρευνα

Abstract: A Roman Stoic philosopher Seneca once said: “He who does not prevent a crime when he can, encourages it.” Those famous words could be devoted to Criminology. Criminology is the study of crime from a scientific approach aimed at discovering the causes of it and methods to prevent it. Criminology is a complex interdisciplinary science and involves the implementation of joint research. It involves researchers from several different fields, such as psychology, sociology, biology, anthropology, justice and philosophy and obviously it depends on the industry where crime has occurred.
Unfortunately, at the moment there is no allocation of a special scientific field - sports criminology in international practice. However, it does not mean that, criminologists have not paid attention to the study of interactions between crime and sports.
Among well-known problems of the sports with a criminal expression and criminogenic potential is bribery of members of international sports federations in order to be eligible to hold the prestigious sporting events, riots involving fans and hooliganisms, sexual harassment and abuse, match-fixing and money laundering. For that reason, it’s highly important to promote research in the field of crime prevention in the Sports industry.

Keywords Sports Criminology, crime prevention, research

András NEMES
Professor, Semmelweis University Budapest, Hungary 
- Disciplinary offence and objective liability
- Πειθαρχικό παράπτωμα και αντικειμενική ευθύνη

 

Klaus VIEWEG, Professor, University of Erlangen, Germany
- Legal Questions of Technical Development in Sports with Special Regard to Digitalization.
-Νομικά ερωτήματα τεχνικής ανάπτυξης στον αθλητισμό με ιδιαίτερη σημασία στην ψηφιοποίηση

Abstract: During the last decades one could see a dynamic technical development, which concerns sports in its variety. Partly it has led to a dramatic change. High-tech materials have caused nearly revolutionary developments regarding sports sites, facilities and equipment. Key factors of the technical development are digitalization, microelectronic devices and wireless communication.

The examples characterizing the changes in sports following technical development are numerous. So are the legal questions. As usual they arose with a time lag to the technical development.
My lecture aims to give a survey on the problems of data protection in sports. Four categories of „sports data“ were identified. The questions of ownership and using requirements show which important challenge for sports organizations exist to comply with these requirements.

2nd Session

SPORT'S LAW  BUSINESS PROFESSIONALS: ISSUES, LAWS, DECISIONS AND SOLUTIONS

Konstantin REMELIS
, Professor at the Law Faculty, Democritus University of Thrace, Greece

Taufik ZAHROUNI
Legal Advisor, Football Companies Specialist Sports Promotion Department Dubai, Board Member of International Association of Sports Law (IASL), Tunisia
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The impact of the FIFA Club Licensing System in the Middle East and North Africa Football Organization
- Ο αντίκτυπος του Συστήματος Αδειοδότησης Συλλόγων της FIFA στη Μέση Ανατολή και την Οργάνωση Ποδοσφαίρου Βόρειας Αφρικής

Emmanouel ARVANITIS
Lawyer, Sports Law Candidate Dr., School of Physical Education and Sport Science, National and Kapodistrian University of Athens, Greece.
-On the judgment substance on disciplinary Cases, matters before CAS
-Η επί της ουσίας κρίση επί πειθαρχικών υποθέσεων ενώπιον του CAS

Dimitrios PANAGIOTOPOULOS, Zografenia KALLIMANI
Sports Law Postgraduate Student, National and Kapodistrian University of Athens, Greece
- The Hellenic Sports Federation under the protection and supreme supervision of the state according to the Constitution
- Η Ελληνική Αθλητική Ομοσπονδία στο πλαίσιο της προστασίας και της ανωτάτης εποπτείας του κράτους κατά το Σύνταγμα

Abstract: The Greek sports federation, in accordance with the law, is the highest form of organization of the sports clubs practicing the same sports or being active in the same sector of sports activity. It serves the purpose of the development of a sport or of a sports sector in a specific country, on a national level. It operates in accordance with the sports law and with the Civil Code’s provisions on unions in general. So as to determine, in an absolute manner, the nature of the sports federation, as a legal entity, there is more than the private law governing it that need to be examined.
The Greek sports law, in accordance with a constitutional approval, acknowledges that a sports federation is the sports supreme authority in the domestic sports clubs hierarchy, fulfilling an administrative, disciplinary and regulating role; it also manages the subventions received for the development of a sport and for the organization of sports events at a domestic and at an international level. The powers of the federation distinguish it as a particular sports club of the highest rank.

The opinion according to which the legislative regulation of the Greek sports field could be based on the public duties award to federations at both a domestic and a federal state level is contradicted by the Lex Sportiva theory, on which relies the whole sports edifice, Sport at the domestic and the international level.
The federation exercises power in the public interest and in favour of domestic sports and competitive activity. It is to this activity that state funding is provided and only for this one a control takes place so as to ensure that this funding is used for the satisfaction of the public interest. And of the public purpose, that sport serves. In this context, any state interventionism over the autonomous institutional operation of the sports federation, as a body which is issue of the clubs, which are governed by private law, and is regulated by means of special legal provisions, is justified in the sense that this sports supreme union does not manage only the competitive sport practised by these clubs but also the sport based on an accumulation of national characteristics, which serves the satisfaction of a public interest.
Keywords: Sports federation, sports clubs, institutional autonomy, public interest, constitutional, sports law, Civil law.

Ameneh RAJABHASSANI
M. A. in Physical Education and Sport Sciences, Shahid Rajaee University, Iran
 
Vahid SAMADI FARD
M. A. in public law, office manager of Administrative Justice court, Iran
- Analysis of Individual and Organizational factors affecting on Sports lawsuits.
- Ανάλυση ατομικών και οργανωτικών παραγόντων που επηρεάζουν τις αθλητικές αγωγές

Abstract: The aim of this study was to analyse individual and organizational factors affecting sports lawsuits. The population of this study, 72 cases related to sports activities recorded in the centres and the courts of Tehran that according to the limited number of registered cases on the census sampling method was used.
The research method was applied and the descriptive-analytical. Questionnaire and Semi-structured interviews with experts in the sports official, professors and judges with expertise in this type of cases, was used to implement the research. Face and content validity of instruments by professors and experts in the subject of official (Sports Affairs) was approved. The reliability rate of inconsistency through the Analytic Hierarchy Process (AHP), less than 0.1 was determined that was acceptable. In order to analyze the data and Prioritization factors identified, the software expert choice was used. The results showed that the human factor with the greatest weight (0.688) in the first place, and Organizational factors weighing (0.233) secondary effects to create lawsuits are related to sports activities. In addition, the study showed physical factors (buildings and equipment) weighing (0.079) in this study is the third priority.

Keywords: Individual factors, Organizational factors, Sport lawsuit

3rd Session

THREATS TO PROFESSIONAL SPORT: CORRUPTION, MATCH-FIXING AND OTHER PHENOMENA

Anna Di GIANDOMENICO
Professor of Sports Law, Università Teramo, Italy
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Lights and Shadows of the European Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events
- Φώτα και Σκιές της Ευρωπαϊκής Συνέλευσης για μια Ολοκληρωμένη Προσέγγιση Ασφάλειας, ασφαλών συνθηκών και υπηρεσιών σε αγώνες ποδοσφαίρου και άλλα αθλητικά γεγονότα

Abstract The Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events (CETS nr 218/2016), opened for signature on July 3rd 2016, entered into force on November 1st 2017.
It is too well known how this Convention is an evolution of the previous European Convention on Spectator Violence (ETS n° 120) entered into force in November 1985, whose aims are  to prevent and control violence and misbehaviour by spectators, as well as to ensure spectator safety during sports events.

The need to update such a Convention arises from the detection of the incapacity of such a regulatory instrument to face the challenges of changes, which occurred in the world in recent decades (among these it is enough to consider the threats of terrorism, as well as the risks of infiltration by organized crime). These changes have strongly affected the organization of sporting events, highlighting the need to go from an approach, focused on the fight against violence, towards an integrated approach, based on the pillars of safety, security and service.

Considering the almost total lack of comments by scholars in the Convention, the paper will focus on the key points of the Convention, trying to identify legal issues, which could emerge from an in-depth analysis of the regulatory texts

Keywords: CoE Convention n° 218/2016; Sports Events’ Organization; Legal Theory

Maria Francesca SERRA
Contract Professor and Attorney at Law UNICUSANO. Italy
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Lex Sportiva: present and future perspectives
- Lex Sportiva: σημερινές και μελλοντικές προοπτικές

Abstract When we deal with lex sportiva, we have to face with a complex question. First of all, it has a controversial definition. At the same time, it could be useful in order to realize a set of uniform rules.
Lex sportiva can be considered a way to enforce sports system autonomy and, at the same time, can be considered a target for the harmonization of rules. In this sense, lex sportiva is perfectly fitted into the global legal pluralism panorama.
Just as lex mercatoria, lex Sportiva is a set of rules and a method of judging too.
Because of the complexity of sports organization, having a hierarchical structure and a multilayered character of its governance structure at the same time, we can assume that the Italian sports organization has a reticular structure.
As a consequence, Court of arbitration for the sport has a fundamental role for rationalization and integration of sports rules.
In this sense, for what concerns Italian sports system, the hope of a fully functional lex sportiva is related to a fully functional Court of arbitration for a sport that could be able to coordinate national rules and to realize judicial cooperation.
It is a matter that must be investigated in practical terms.
Keywords Lex Sportiva - Global legal pluralism - Court of arbitration for sport

Sofia SPANIDOU, Lawyer, Greece
- Financial Doping and Financial Fair play: How clubs could justify spending?
- Χρηματοοικονομικό ντόπινγκ και χρηματοοικονομικό δίκαιο παιχνίδι: Πώς θα μπορούσαν τα σωματεία να δικαιολογήσουν τις δαπάνες;

Konstantinos KONSTANTINIDIS
Sports Law Candidate Dr., School of Physical Education and Sport Science, National and Kapodistrian University of Athens, Greece.
- Corruption in International Sport: the profile and motives of the individuals involved
- Διαφθορά στον Διεθνή Αθλητισμό: το προφίλ και τα κίνητρα των εμπλεκόμενων

Abstract Sports corruption phenomenon is growing rapidly the last years and thus, it has drawn the attention not only of the scientific community but also of sport and government authorities who constantly seek to restrict it. Witnessing lively the evolution of sports corruption is leading researchers in an investigation, which is digging out numerous core and peripheral features, which will aid in a more comprehensive and thorough understanding. This study outlines the profile of the people, who are getting involved in such fraud activities, as well as describes their motives. The findings reveal that almost everyone who, has access in, or is in association with, sports activity, from an official or an unofficial position, regardless the importance of this position, is potentially able of engaging in corrupt activities. Moreover, it is shown that corruption-prone individuals have mainly economic incentives, but also personal and social ones which together with the lack of preventive measures and impunity can lead them.

Keywords corruption, sports corruption, corrupt-prone, profile, motives to illegal actions.

Vivian FATOUROU
Senior Legal Counsel – Mediator (CEDR), Greece
- The use of mediation in sports - business disputes
- Η χρήση της διαμεσολάβησης σε αθλητικές - επιχειρηματικές διαφορές

Abstract Mediation has a pivotal role to play and it may bring an additional value to the resolution of sports-business disputes, as a mainstream and civilized alternative dispute resolution process.
It should be used in all appropriate sport-business related disputes, primarily in contractual, commercial, and employment-related disputes, such as in contractual disputes between clubs, players, agents, and coaches, as an alternative to going directly either to arbitration or to the courts.
The special advantages and the contribution of mediation in sport disputes, do not only rest to the efficiency and flexibility, privacy and parties’ autonomy, better and more sustainable outcome, but also on its added value in enhancing and preserving the business and personal relationships.
Nevertheless, there are still barriers that stand in the way of developing mediation in sports disputes; such as the non-confrontational culture of mediation is away from win-lose sports DNA, secondly sports arbitration has less heavy burden and delays, in contrast with litigation and commercial arbitration, hence no pressure to look for another alternative dispute resolution process and finally lack of awareness and education to all relevant stakeholders, in sports industry about its value.
To promote the use of mediation in sports business disputes, we should change habits and overcome initial stereotypes, starting from changing the statutes of international federations and national associations and by making mediation mandatory in sport disputes, especially in employment-related ones.
Keywords Mediation - Sports-business disputes - Mutual gain – Constraints - Change stereotypes - Mandatory mediation

Goce NAUMOVSKI
Professor SS. Cyril & Methodius University North Macedonia
- The Relations between the Serial Processor Efficiency & Assessment of Sports Trademarks Distinctiveness
- Οι σχέσεις μεταξύ της Αποδοτικότητας του Σειριακού Επεξεργαστή & Αξιολόγησης της Διακριτικότητας των Αθλητικών Εμπορικών Σημάτων

Abstract Scientific research results as empirical evidence have a wide spectrum of application perspectives in sport trademarks rights acquisition, examination, opposition, appeal, litigation, dispute resolution and other related procedures. An example is presented where exploratory factor analysis and regression analysis as quantitative statistical methods have been used for determination of the relation between certain cognitive ability of consumers and their assessment of trademark quality including one of sports trademarks. Several conclusions are presented regarding the input of the scientific results for lawmaking in the field of sports trademarks.  

Keywords: Industrial property, cognitive and conative variables, trademark characteristics factors, consumers, sport products

4th Session

SPORTS LAW- SPORTS MANAGEMENT AND COMMERCIAL SPORTS' LAW

Alexandru Virgil VOICU, Professor at the Babes-Bolyai University, Cluj-Napoca, Romania, attorney-at-law and mediator, Romania
Vasiliki Ch. KAPOGIANNI, Ph. D in Political Science, International & Human Rights Law, Paris II, Pantheon - Assas, Paris
Rareș STĂNESCU, PhD, Associate Professor National University of Physical Education and Sports of Bucharest, Romania
Bogdan-Iosif VOICU, Jurist, Master's degree in law, master's degree in management of sports organizations, PhD. a student in Civil Law at the “Constantin Stere” University of Kishinev, Republic of Moldova
-The importance of knowledge and operationalization of the imperatives of effectiveness-efficiency-legality in sports management (the case of Romania and other countries)
- Η σημασία της γνώσης και της αξιοποίησης των επιταγών της αποτελεσματικότητας-αποδοτικότητας -νομιμότητας στη διαχείριση του αθλητισμού (η περίπτωση της Ρουμανίας και άλλων χωρών)

Abstract: The issues within the field of management, the impact on sports, structures and/or organizations along with their activities are in the attention of those who are actively involved with sports management. The social environment can exert a number of influences on the entire sports system through complex factors under which knowledge can facilitate the mechanism of its functioning.
This paper is going to present the importance of legal factors with regards to the best practice of sports management in structures/organizations and their activities – seen as an integrated part of the environmental factors.
The purpose is to emphasize the need for the existence and observance of the normative framework - a favorable condition for the decision-making processes in the system. Efficiency and effectiveness cannot be built without respecting its legality.
Our suggestion and main focus are that the profession/function of a sports manager, at least in Romania, to be acquired through the university channels, and/or even via the qualification of a postgraduate degree. Certainly, skills and qualifications are required in order to get expertise in Public and Private Law and of course, in Sports Law.
Consequently, the main idea of this article is to present the necessity to assimilate the legal culture within the expert knowledge of Sports Law as an integral and mandatory part for the sports managers training.
Keywords: Management, sports structures/organizations, sports activities, legal-legislative factors, sports law, Lex sportiva, State and legality system, legal liability, social responsibility.

Behnam NAGHIPOUR GIVI
PhD student in sport management at Allameh Tabatabai University, Iran
-
Legal Factors Analysis of Advertising of Iranian Sports Celebrities.
- Ανάλυση νομικών παραγόντων της διαφήμισης των ιρανικών αθλητικών διασημοτήτων

Abstract: One of the major roles of sovereign governmental agencies such as ministries is policymaking for subordinate organizations. Endorsement advertising sports celebrities in the country is lack of its own specific law and the existing cognitive and legal vacuum led to failing to achieve goals.
With this approach, the purpose of the present study is to analyze the legal factors of advertising of Iranian sports celebrities.
The research was developmental and qualitative research in which the content analysis method was used. The statistical population of the study consisted of legal, advertising, policy and management specialists and sports marketing of unknown volume. In-depth semi-structured interviews were conducted with a purposeful sampling of 15 experts and completed with theoretical saturation criterion of analysis process and quality of findings was confirmed by partial decoding of data.
The set of coding data, along with a large number of researcher notes, showed that the legal issues of sports face-validation advertising in the country are divided into two main categories: weakness in the rules and weaknesses in the rules. Legislative gaps included: ratification of laws, ratification of competition law, intellectual property rights, undercover marketing, deceptive advertising, and weaknesses in laws, including cybersecurity advertising rights, consumer rights.
Considering the issues analyzed in this study, it is possible to formulate strategic plans iranian sport celebrities.
Keywords: Accreditation Advertising, Legal Issues, Sports Figures

References
Chang, J.W. (2017), “Moral character in endorser perception”, Management and Marketing. Challenges for the Knowledge Society, Vol. 12, No. 2, pp. 171-188. DOI 10.1515/mmcks-2017-0011.
Duthie, Elizabet. Veríssimo. Keane, Aidan(2017). The effectiveness of celebrities in conservation marketing. PLoS One. 2017; 12(7): e0180027. Published online 2017 Jul 7. doi:  10.1371/journal.pone.0180027

Majed M. GAROUB
Lawyer, Director of Saudi Law Training Center (S.L.T.C.), Kingdom of Saudi Arabia
- How to Raise a Specialized Lawyer in Sports & Football
- Πώς να δημιουργήσετε έναν εξειδικευμένο νομικό στον αθλητισμό και το ποδόσφαιρο

Kee Young YEUN
Professor at the Dongguk University of Seoul, South Korea.
- Policies and Legislation of e-Sports in Korea.
- Πολιτικές και νομοθεσία για τον ηλεκτρονικό αθλητισμό στην Κορέα

Abstract:  At the World E-sports Games & Leagues (WEGL) 2017 finals held in BEXCO, Busan in November, 2017, a total of 245.7 million won was awarded to 120 athletes from 12 countries. The event attracted about 225,329 visitors in four days., And in some e-sports competition, there were over 170,000 viewers who enjoyed it online. Participants were trained for several hours during this time and even received professional management and training by physical therapists and psychologists. G-Star 2017, the largest global game exhibition in Korea, has created an opportunity to bring e-sports to a new stage. 'G-Star 2018' will be held in BEXCO, Busan, from November 15th.
Meanwhile, as EA Sports promotes the FIFA series e-sports league, while the popularity of e-sports and the professionalism of its competitions have increased, soccer prominent European teams have also joined the e-sports market. France PSG, Schalke 04 and VFL Wolfsburg have joined the e-sports market by creating or sponsoring an e-sports team. As such, although e-sports is still in the game competition level, it is expected that the possibility of being adopted as an official event in the international sporting events is expected to open gradually in the world enthusiasm.
I will present here the current state of esports policy and legislation of the Korean government. In particular, it introduced the contents of the "Act on the Promotion of the E-Sports (Electronic Sports)," special law on e-sports in 2012, and analyzed the government's "Mid- and Long-term Sports Promotion Plan 2015-2019" I will summarize. In addition, I will examine the legal status of e-sports organizations when e-sports are adopted as a game in international competitions such as the Asian Games and Olympic Games.

Krinanthi GDONTELI (Dr)
Assist. Professor, University of Peloponnese, Greece
- eSports in the Olympic Games: a global trend and prospects
- eSports στους Ολυμπιακούς Αγώνες: παγκόσμια τάση και προοπτικές

Abstract: The high popularity of eSports in recent years has turned many researchers into investigating this phenomenon. This article, after an extensive review of the literature, attempts to summarize what eSports are and if they can fit into the realm of sports. Besides, it investigates the main legal issues about eSports and whether eSports can be recognized as Olympic Sports. It seems that eSports meet several of the dimensions that confirm whether one sport is a real sport or not. Such dimensions are the element of game and competition, the existence of regulations, the intensive coaching and training, the presence of spectators, the development of motor and cognitive abilities among players, such as endurance, speed, persistence, perception, concentration, quick decision making, and the presence of stress before and during the games. On the other hand, there is a contradiction that claims that eSports are not completely human activity, but they are highly dependent on technology, which can potentially interfere with gaming processes. To prevent these difficulties from being a constraint to the further development of eSports, actions should be taken to globalize eSport through an International body / federation which should address governance, regulation and development issues by focusing more on institutional arrangements, integrity issues (e.g. doping, cheating software, delaying or even disabling an opponent), athlete protection issues (e.g. contracts), issues related to the rights of the game publishers. Due to the rapid evolution of eSports, it is likely eSports to join the program of the upcoming Olympic Games. Necessary prerequisites for doing so are initially the unequivocal admission of arguments that eSports are sports, the resolution of governance issues and finally the creation of an International Federation under the IOC.
Keywords: eSports, legal issues, Olympic Games

Djamal ABBAS
Professor Expert, Innovation & Corporate Excellence Specialist - Strategy Department. Dubai Sports Council, UAE
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Tourism & Sport Event, the World Market. Dubai case study
- Τουρισμός & Αθλητισμός, η Παγκόσμια Αγορά. Μελέτη περίπτωσης του Ν

Abstract: Part of the global market can be generally described as a tourist activity resulting from participation in various activities, specifically sports events, and perhaps the sports market recently, the market of sports tourism, and is growing rapidly in the world of the sports industry,
From the development of the outputs and results of the evaluation of major sports events, and the quality of modern smart sports infrastructure. Sports is an integral part of the development strategy of cities that seek to create the future by attracting sports and tourists from around the world. Sports events have a strong economic benefit. Sports infrastructure has helped make Dubai an international city and a distinctive brand. In addition to turning it into a first tourist destination for sports, an additional 2.4 million Dubai gains a day of sports tourism, and 1.800.000.00 BN AED, impact economic from sports events in.2017, So attracts 14.3 million international arrivals in 11 months, 2019.
The Dubai Sports Council (DSC) aims to diversify sports activities to promote tourism by ensuring that Dubai hosts the best local and international sporting events, more than 440 in Dubai Sports Events Guide during 2019 – 2030. the projects are being introduced as a "Sports City", creating communal and mutual interests among investors, business owners, Athletes, champions, stars, the public and all social categories.
Keywords Sports Events, Tourism, Business, Smart infrastructures.

5th Session

SPORTS CONTRACTS –CIVIL RESPONSIBILITY

Kai-Li WANG
Associate Professor, National Taiwan Sport University, Chairman, Department of Recreation and Leisure Industry Management, Secretary-General, Taiwan Society for Sport and Entertainment Law, Taiwan
-“ A study of the legal definition of “Athlete” in Taiwan “
-“Mελέτη του νομικού ορισμού του" Αθλητή "στην Ταϊβάν"

Abbas NAZARIAN MADAVANI
Assistant Prof. Shahid Rajaee University, Ministry of Sport & Youth, Iran
- Intellectual Property, Rights, Sport
- Πνευματική ιδιοκτησία, δικαιώματα, αθλητισμός

Abstract: Intellectual property rights include two categories of intellectual property and material property. Intellectual property purely It has a credit and spiritual aspect and gives its owner the means to protect his property. For example the author of a book, except that his name is referred to as the author of the work. Another category of ownership Intellectual property is the material property that includes the granting of financial rewards and the commercial benefits of ownership.
Intellectual and as a result of granting the proceeds to the material owner, whether a natural or legal person, to be. Intellectual property cannot be transferred to any title, but material property can be purchased and sold. For example, an employee of a business research and development department doing business Its duty is to achieve an invention, the intellectual owner of the invention. Although it's material owner the invention of the business company was the place to obtain the invention. The moral rights and copyright law have a significant and significant effect on the development of the special value of sports brands.
Also, Innovation and creativity are key drivers in the world of sport. In every sporting field, inventors and creators are working behind the scenes to push the boundaries, creating new opportunities for enjoyment and for athletes to better their performance.
Patents encourage technological advances that result in better sporting equipment. Trademarks, brands and designs contribute to the distinct identity of events, teams and their gear. Copyright-related rights generate the revenues needed for broadcasters to invest in the costly undertaking of broadcasting sports events to fans all over the world. IP rights are the basis of licensing and merchandising agreements that earn revenues to support the development of the sports industry.
Keywords: Intellectual Property, Rights, Sport

Lin XIAOAI
Professor of Law, School of Intellectual Property of Nanjing University of Science and Technology, China
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Study on Intellectual Property Operation Risk of Sports Events
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Μελέτη για το επιχειρησιακό ρίσκο της πνευματικής ιδιοκτησίας των αθλητικών εκδηλώσεων

Ioannis K. ANAGNOSTOPOULOS
Lawyer - Dr.Sports Law National and Kapodistrian University of Athens, Special Instructor at the University of Peloponnese, Greece
- Athletes Loan
- Δανεισμός – Υποσχετική Αθλητών

Abstract: The phenomenon of employment borrowing emerged as an exception to the employer's principle of non-transferable claim to his employee and is implemented when the employee’s services are provided for a fixed or indefinite period to another employer. Borrowing is also found in sport, where, under the rules, athletes up to a certain age are allowed to move/transmit by a "letter of undertaking", from one sports club to another, only for specific racing periods, after which they return consequently to the club from which they were transferred. This study investigates the specificities of borrowing in the field of sports.
Keywords: Athletes Loan, employment, athlete, sports

Gabriel GABRIELIDIS
Law graduate, National and Kapodistrian University of Athens, LL. M student, University of Maastricht, Forensics Criminology and Law University of Maastricht the Netherlands, Greece
Krinanthi GDONTELI (Dr)
Assist. Professor, University of Peloponnese, Greece
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Issues of personal civil liability of the Board of Directors of sports-related entities in Greece
- Θέματα προσωπικής αστικής ευθύνης του Διοικητικού Συμβουλίου των αθλητικών οντοτήτων στην Ελλάδα

Abstract: According to Greek law, the sports-related legal entities that will be analyzed in the present research appear in various legal forms. Legal persons governed by private law, usually managing public sports facilities, non-profit legal persons governed by private law, such as sports federations, operating under the commandment of the Constitution, in order to satisfy the public interest which they exercise, according to the law. Also, legal entities governed by public law, such as the municipal sports organizations, and Sports Clubs Limited Companies. This study will attempt to compare the aforementioned legal entities with respect to the issue of the personal civil liability of the members of their Board of Directors. Even though the members of the board of Sports Clubs SAs are generally protected by the principle of autonomy, the principle is bent in the case of debts to insurance funds and tax liabilities. On the contrary, article 105 of the IntrLCC recognizes the personal responsibility for the members of the board of public law entities but has been severely restricted by more specific laws. As a result, personal liability has become exceptional, and applies in cases of unlawful acts committed at least with gross negligence, and which the public has already been convicted of damages, which can later claim by the responsible person by recourse, as well as and in cases where the member did not comply with administrative court decisions. Presidents, Managers, Legal Representatives and BoD members of all non-profit legal entities by private law, are treated differently, as they are by law joint debtors with the legal entity for public debt and asserted fines. In addition, they are jointly and severally liable for their decisions to dispose of funds other than the purpose of the entity.
Keywords Personal civil liability, Sports related entities

Penny KONITSIOTI
MSc, Lawyer, Attorney-at-Law, Greece
- Mediation in Sports Industry: Regulations for Intermediaries
- Διαμεσολάβηση στην Αθλητική Βιομηχανία: Κανονισμοί για τους Διαμεσολαβητές

Abstract: Role of the Intermediary, Recent Developments in Regulations for Intermediaries, FIFA Regulations on Working with Intermediaries and future changes and updates, Regulation of and jurisdiction over Intermediaries, Representation Contracts, Duties and Rights, Statistics, Current Developments, Problems in business practice, TPO Regulations-Regulations on the Status and Transfer of Players and Prospectives! Why establishing an Intermediaries’ union?
Keywords: Mediation, Sports, Regulations, Intermediaries

6th Session

INTERNATIONAL SPORTS LAW CODE: THE NWCWSSITY SPORTS’ LAW CODE

Olga SHEVCHENKO
Lawyer, Professor at the Kutafin Moscow State Law University, Russia
-Legal Preconditions of Creation of the System for the Prevention of Gene Doping in Sport and Counteraction to Forming an Artificial Athlete
- Νομικές προϋποθέσεις για τη δημιουργία του Συστήματος για την Πρόληψη του Γονιδιακού Ντόπινγκ στον Αθλητισμό και Αντιμετώπιση της Δημιουργίας Τεχνητού Αθλητή

Mobolaji EZEKIEL Dr
Associate Professor, University of Benin, Benin City, Edo State, Nigeria
- Sports Law: Racism against black Players in Sports
- Αθλητικό Δίκαιο: Ο Ρατσισμός στους έγχρωμους Παίκτες στον Αθλητισμό

Abstract: There have been despicable events this year that have cast a long shadow over football and the rest of society. I am speaking of the politics of hate-racism, ignorance, discrimination, intolerance, small-minded prejudice. A that uncivilised, immoral and self-destructive force that we all detest.

This paper examines the efforts made so far at curbing this hydra – headed monster caked racism and its effects on sports development. These measures include but not limited to football (offences) Act, anti-racism campaigns, an outright ban on racist; the fair play scheme; cutting out racist humor, ridicule, stunts; outright boycott amongst other measures.

Further measures recommended include the establishment and employment of anti-racist advocacy groups; less publicity given to ‘race’ vrs. “performance” relationship; strict and prompt enforcement and administration of recent reforms by sports organizations against racism; implementation of the match – boycott clause; improving on the education of stakeholders on the available sanctions against racist behavior; amongst others. With these and other measures put in place, it is hoped that the effect of racism on our sports development will be drastically reduced though not completely eradicated.

Keywords: Racism, Players, Discrimination, Sports, Measures, Stakeholders


Anatoly PESKOV
(PhD)
Advocate, Director of Security Department, Russian International Olympic University, Russia
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Collisions International and National Sports Law (Political, Judicial and Criminological Aspects)
- Διεθνείς Συγκρούσεις και Εθνικό Αθλητικό Δίκαιο (πολιτικές, δικαστικές και εγκληματολογικές πτυχές)

Abstract: In the modern world, we are witnessing the general weakening of the institutions of international law, the facts of ignoring international treaties and, in this connection, the imbalance of all international legal relations. Unfortunately, these processes have embraced the international sport. Moreover, the international sport has become a geopolitical platform for battles between politicians. The situation is aggravated by the criminalization of some sports federations and the penetration into international sports of organized crime. Unfortunately, international sport is vulnerable and could not always effectively resist the political and criminal pressure of various forces. However, this vulnerability is the result not only of the actions of political and criminal forces. This vulnerability is also caused by the imperfection of the system of international management of sports, international sports law and legal proceedings. In particular, doubts arise in connection with the legitimacy of some sources of international sports law, when the norms of international law are established by a narrow circle of people chosen without the necessary democratic procedures. Today, this model looks like an anachronism. We also suddenly realized that some norms of international sports law do not comply with the national legislation of many countries. For example, in accordance with the Russian Constitution, an innocent person cannot be prosecuted, while it does not matter in accordance with the strict liability principle of the World Anti-Doping Code. The institute of collective responsibility, in our opinion, also does not correspond to the generally accepted principles of law. In particular, it is possible to punish innocent athletes for the unlawful actions of other athletes. That is why it is important to create a new general legal mechanism, ensuring the protection of international sports from the actions of politicians, corrupt officials, organized crime and also the rights of all athletes.

Sławomir FUNDOWICZ
Professor of Administrative law, University of Warsaw, Poland
- Human Rights and Freedom to Pursue the Profession of a Sports Instructor
- Ανθρώπινα δικαιώματα και ελευθερία άσκησης επαγγέλματος εκπαιδευτή αθλήματος

Abstract: One of the main principles of economic law is the principle of economic freedom. It ensures the freedom to establish and conduct economic activity. This freedom is inseparable with the freedom to choose an occupation and place of work. No doubt, human life and health are among the most valued interests. The Constitution of the Republic of Poland clearly ensures the legal protection of the life of every human being (Article 38) and the right to have your health protected (Article 68). As regards the latter area, the constitution requires public authorities to support the development of physical culture, particularly among children and the youth. Hence, protecting such values as human life and health, as well as supporting physical culture, especially among children and the youth, requires the state’s statutory intervention. These values must also be safeguarded in the activity of sports organizations that fall under the private-law rules governing associations.
Administrative law licenses the activities of individuals when the activity requires special preparation. The Polish Act on Sports in its current wording embodies a principle that organized sports classes in a sports association and in a sports club that takes part in sports competitions held by a Polish sports association may only be conducted by a coach or sports instructor, within the meaning of the said act. However, the law imposes some restrictions on persons licensed to pursue the profession, such as age, education, knowledge, experience, and skills necessary to be a coach or sports instructor and no criminal record for specific offenses. Beyond the Act on Sports, there are also other laws that need to be taken into account.
Sports associations may impose their own restrictions and requirements on coaches, such as a need to obtain special in-house rights, often referred to as a license. For example, the Polish Football Association maintains a four-level coaching hierarchy (Levels 1-4).
Still, coaches’ activities outside the area controlled by Polish sports associations require further analysis.

Tsubasa SHINOHARA
Lawyer, MLaw, Meiji University, Candidate of MLaw Université de Lausanne, Japan
Child rights and sports law: how can we protect a young athlete’s human rights under the UN Convention on the rights of the child?
Δικαιώματα παιδιού και αθλητικό δίκαιο: πώς μπορούμε να προστατεύσουμε τα ανθρώπινα δικαιώματα των νέων αθλητών σύμφωνα με τη Σύμβαση των Ηνωμένων Εθνών για τα δικαιώματα του παιδιού;

Abstract: Young athletes have suffered from harmful effects on their life and development as well as economic and sexual exploitation without sufficient protection from their caregivers. In this regard, the UN Convention on the Rights of the Child (CRC) is an essential instrument for respecting and protecting young athletes’ human rights. Under the CRC, the Contracting States must prevent the infringement of child rights and should take appropriate measures to guarantee the enjoyment of the rights. However, it cannot directly impose legal obligations on FIFA and IOC. Generally speaking, the private associations enjoy “private autonomy”, but if the States decide that “private autonomy” is superior to the “public interest”, the protection of child rights is difficult to be realized. Under these circumstances, I will analyze the following question: Can the CRC impose legal obligations on the IOC and FIFA? In doing so, Article 3 of the FIFA Statutes and Article 1.4 of the IOC Code of Ethics will play an essential role to override the “private autonomy” for the improvement of child protection. Through this analysis, it would be clarified whether young athletes can claim the violation of their rights under the CRC before the FIFA judicial bodies and the Court of Arbitration for Sport.
Keywords: Human rights, child protection, FIFA Statutes, IOC Code of Ethics, the UN Convention on the rights of the child (CRC), sports, young athletes.

Sergey YURLOV (Dr)
Lawyer, Russian Federation, Russia
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Mutu and Pechstein v. Switzerland: A review of the decision of the European Court of Human Rights
- Mutu και Pechstein κατά Ελβετίας: Ανασκόπηση της απόφασης του Ευρωπαϊκού Δικαστηρίου Ανθρωπίνων Δικαιωμάτων

Abstract: Practicing a sport is often connected with accepting rules and regulations unilaterally enacted by sporting federations, clubs and associations (“sporting organizations”) i.e. without the athletes’ participation at all. For example, it is implied that an athlete engaged in sporting activities is supposed not only to accept the respective eligibility rules but also those that govern the procedure for resolving any disputes arising out of those activities.
However, the issue is that “implied” does not mean giving a clear and an unequivocal consent to something.
The decision of the European Court of Human Rights (the “Court”) with regard to the case Mutu and Pechstein v. Switzerland is a long-awaited benchmark court judgment containing a depth-analysis of the below issues of utmost importance: (1) is the Court of Arbitration for sports an independent tribunal capable of impartially resolving sports disputes? (2) is it possible to waive the right to recourse to a competent court of law? (3) do athletes voluntarily sign arbitration clauses drafted by sporting organizations?
In this paper, we will take a closer look at the Court’s reasoning and provide our comments in this regard.