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The International Sports Law Journal 2003, No. 2

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The International Sports Law Journal 2003, No. 2 ISLJ 2003/2 Def 01-07-2004 10:13 Pagina A 2003/2 World Anti-Doping Code Kolpak Case Terror and Politics in Sport Sports Torts and Negligence Powers of USOC Dual Nature of Football Clubs Social Dialogue in European Football ISLJ 2003/2 Def 01-07-2004 10:13 Pagina B K LUWER C ONGRES *** Congres Sport & Recht Juridische actualiteiten en knelpunten op sportgebied Dinsdag 16 december 2003 • Meeting Plaza Olympisch Stadion, Amsterdam ■ Mondiale doping regelgeving: achtergrond, inhoud en praktische consequenties van de World Anti Doping Code ■ Recente uitspraken schadeaansprakelijkheid Spel en Sport (HR); deelnemers Sprekers onderling; aansprakelijkheid trainers / coaches; letselschade door paarden Mr. Fred Kollen Mr. Steven Teitler ■ Overheidssteun aan betaald voetbal; Nationale en Europese invalshoek Mr. Cor Hellingman Mr. Mark J.M. Boetekees Prof. mr. Heiko T. van Staveren ■ Verenigingsrechtelijke ontwikkelingen in de sport; bestuurlijk invulling van Mr. Hessel Schepen de tuchtrechtspraak; de positie van afdelingsverenigingen bij sportbonden en het duaal stelsel; mediation bij verenigingsrechtelijke conflicten Kosten € 575,- p.p. (excl. BTW) ■ Sportrecht bezien vanuit de rechterlijke macht Kluwer bundel 5 Sport & Recht 2003 Deze nieuwe uitgave ontvangt u bij deelname en is bij de prijs inbegrepen. ❑ Ja, ik ontvang graag meer informatie over het congres ‘Sport & Recht’ Antwoordkaart verzenden per fax of in ❑ Ja, ik wil deelnemen aan het congres ‘Sport & Recht’ open envelop zonder postzegel aan: Kluwer Opleidingen, Dhr./Mevr.: Antwoordnummer 424, 7400 VB Deventer Functie: T 0570 - 64 71 90 F 0570 - 63 69 41 Bedrijf: E [email protected] Aard van het bedrijf: W www.kluweropleidingen.nl Postbus/Straat: Kluwer legt uw gegevens vast voor de uitvoering van de overeenkomst. Uw Postcode/Plaats: gegevens kunnen door Kluwer worden gebruikt om u te informeren over Telefoonnummer: relevante producten en diensten. Indien u hier bezwaar tegen heeft, Antwoordkaart Handtekening: kunt u contact met ons opnemen. Code 150/N3653 ISLJ 2003/2 Def 01-07-2004 10:13 Pagina 1 CONTENTS ARTICLES The WADA World Anti-Doping Code: 2 Sports Torts and the Development of 17 The Road to Harmonisation Negligence in England Janwillem Soek Mark James The European Non-EU Player and the 12 Outside the Norm: the Curious Powers of 19 Kolpak-Case the United States Olympic Committee Frank Hendrickx Dave Mcardle Force Majeure: Terror and Politics in Sport 15 Nick White PAPERS The Dual Nature of Football Clubs and the 24 European Imperialism in Sport 28 Need for Special Legislation Steve Cornelius Domenico Di Pietro OPINION • Protecting Sports Image Rights in Europe 33 Human Rights Protection in Sports Industry 35 • Sports Merchandising: 33 Julie King Fighting Counterfeiters • Pregnancy and Sport 34 Ian Blackshaw CONFERENCES Influx of Foreign Athletes Unstoppable 36 Erik Oudshoorn INFORMATION Promoting the Social Dialogue in European 39 What is Sports Law? (Masters in Sports 43 Professional Football (EFFC project 2003/4) Law at Griffith University) raditionally, the football industry has a pyramidal structure. At cerning identifying relevant issues and determining common princi- EDITORIAL the top, at the worldwide level, FIFA may be found as the reg- ples on which future negotiations with labour within the framework Tulatory body; in Europe, UEFA is the regional organisation of of the social dialogue could be based. The project is intended to national football associations. In addition to national organisations, a inform about and thereby promote the concept of the social dialogue number of countries nowadays also have professional football league and of collective bargaining at the sectoral level of the professional organisations. FIFPro is the worldwide organisation representing football industry in Europe. Its aim is to contribute to facilitating the national players’ unions in professional football. However, as yet no start of consultations between management and labour at worldwide employers’ organization of clubs has been established. The Community level and the intended subsequent establishment of rele- establishment of the European Federation of Professional Football Clubs vant contractual relations, by the exchange of information and expe- (EFFC) is the beginning of the organisation of management at the rience on a European basis, in particular regarding employment con- European level. EFFC was incorporated as an association under tracts and collective bargaining agreements. It is expected that the Dutch law in September , on the basis of an initiative taken by project will help pave the way for a social dialogue in the European the Netherlands Organisation of Professional Football Clubs (FBO) football industry by creating awareness amongst the organisations which is seated in Rotterdam. concerned of the possibilities the social dialogue offers for establish- In June of this year, a subsidy was granted by the European ing effective industrial relations and, in particular, by creating com- Commission to EFFC under budget heading B- for promoting mon ground amongst management for the purpose of future negoti- the social dialogue in European professional football. By way of the ations with labour. organisation of a series of regional seminars the football sector at large In this context, the ASSER International Sports Law Centre proud- (associations, clubs, leagues, trade unions, etc.) will be made aware of ly announces that EFFC has assigned to it the organization of a series and informed about the social dialogue and its framework for collec- of regional seminars, to take place between October and May tive bargaining. The possibilities that European Law offers to organi- when the final session of the series is planned in Brussels. The sations of clubs and players to regulate the issues that are their joint other seminars will be held in London, Stockholm, Munich, Madrid responsibility as representatives of employers and employees will be and Rome. discussed. The seminars will be followed by private workshops of EFFC and employers’ representatives per country, in particular con- The Editors 2003/2 1 ISLJ 2003/2 Def 01-07-2004 10:13 Pagina 2 The WADA World Anti-Doping Code: The Road to Harmonisation by Janwillem Soek* 1. Introduction ious national anti-doping organizations (NADOs), several IFs, the GAISF, the CAS and all the members of the various WADA working The World Conference on Doping in Sport, which took place in committees. The foundations for the Code were laid between Lausanne from to February , led to the adoption of the December and April and were the product of consultations. Lausanne Declaration by representatives of governments, intergovern- Approximately individuals and organizations submitted com- ARTICLES mental organizations and the international sports organizations, the ments. During this stage, about experts in the field of doping were IOC among them. The establishment of the World Anti-Doping involved as content producers. Meetings were held with athletes, IFs, Agency (WADA) was a direct result of this Conference. The WADA the European Commission, the Council of Europe, governments, was established on November . The reason for establishing a NOCs and NADOs. The WADA participated in the Harmonisation World Anti-Doping Agency was the assumption that the fight against Conference in the Netherlands and in the IICGADS meeting in Kuala doping could be fought more effectively when the Olympic Movement Lumpur in . After the first version of the Code had been com- (including the athletes) and public authorities would cooperate. It may pleted, it was circulated between May and September . Meetings therefore be considered the first ‘joint venture’ between sports and followed involving athletes, the IOC Athletes’ Commission, the public authorities. Initially the WADA had its headquarters in European Olympic Committees Athletes’ Commission, the IOC, the Lausanne, but on August the Foundation Board put the per- majority of IFs, the GAISF, the ASOIF, the ARISF, the AIOWF, sev- manent seat to the vote, the result of which was that the WADA seat eral governments, the Council of Europe, the IICGADS, the would be transferred to Montreal. The IOC committed itself to European Union Presidency, a number of NOCs and various NADOs. financing the WADA until the end of and as of January the The expertise of several key drafting experts could be drawn on. Over sport movement and the public authorities would jointly take over the comments were the result of this exploration. The second draft of funding. ‘The mission of the Agency shall be to promote and coordi- the Code was published on October . Again, meetings were nate at international level the fight against doping in sport in all its held with practically all the parties mentioned above who had been forms; to this end, the Agency will cooperate with intergovernmental involved previously. This round of consultations yielded another organisations, governments, public authorities and other public and comments. The third draft dates from February and was cir- private bodies fighting against doping in sport, inter alia, the culated in the final quarter of that month. International Olympic Committee (IOC), International Sports The second World Conference on Doping in Sport took place in Federations (IF), National Olympic Committees (NOC) and the ath- Copenhagen from to May. The purpose of this conference ‘[...] letes’, according to the Draft Mission Statement. The Wada is also was to review, discuss
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