Plawyered Issue 1
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P a g e | 1 “You were born to be a player. You were meant to be here. This moment is yours.” – Herb Brooks P a g e | 2 SPORTS INCLUDED IN POST-2015 DEVELOPMENT AGENDA The United Nations General Assembly adopted Sports in the post-2015 Development Agenda. Sport is now included in the final outcome document as an “important enabler” of sustainable development for the goals, which were adopted by the UN Member States with a commitment to implement them by 2030.Paragraph 37 of “Transforming our World acknowledges the same. Paragraph 37 of “Transforming our World: The 2030 Agenda for Sustainable Development” reads: “Sport is also an important enabler of sustainable development. We recognise the growing contribution of sport to the realisation of development and peace in its promotion of tolerance and respect and the contributions it makes to the empowerment of women and of young people, individuals and communities as well as to health, education and social inclusion objectives.” This new UN Agenda specifically acknowledges the important role that sport plays promoting healthy lifestyles, education and social inclusion. P a g e | 3 TEAM PLAWYERED Editorial Board Gaurav Misra , Publishing Editor , Plawyered He is currently pursuing B.A. LL.B. (Hons.) from Chanakya National Law University, Patna. A voracious reader and an ardent Arsenal supporter, Plawyered is his way of bringing his love for law and sports on one single platform. Tejaswini Ranjan, Managing Editor, Plawyered She is currently pursuing B.A. LL.B. from Chanakya National Law University, Patna. She is a sports enthusiast and a big fan of cricket. It is her love for sports that made her come up with this portal. Apart from this, she also holds the experience of working with several legal portals and research journals. Authors Abhijeet Andrews is currently pursuing his B.B.A. LL.B. (Hons.) from Faculty of Law,IFHE University, Telangana. His interests in life ranges from soccer, yoga, debating, movies, cooking, visiting places of historical significance and other varied activities. P a g e | 4 Gurjot Singh Khurana is a 4th year student of B.A.LL.B. (Hons.) in University Institute of Laws, Punjab University, Ludhiana. He has been a part of research team of mindbatteries- an online startup. Apart from being an activist, he is also a member of Rotaract Chandigarh, youth wing of Rotary International. Naresh Pujari is a student of DSNLU, Visakhapatnam; currently working as the off-site Research Associate for Legal Solutions and Novojuris services Private Limited, Bangalore. He researches extensively in the field of sports and has authored research papers in the field. He aims to pursue a career in the field of sports and is determined to use his legal and sports knowledge to make India a sporting power. Ujjwal Kumar Singh is currently pursuing B.A. LL.B. (Hons.) from Chanakya National Law University, Patna. He is a die hard Manchester United fan and holds critical opinion about every sporting domain. He has represented the university at various sporting categories at All India level. .tournaments. *The views expressed in the articles are solely the views of the respective authors. **The copyright of the magazine vests with www.plawyered.com . All communications are to be made at [email protected]. P a g e | 5 #1 BLOOD DIAMOND : THE NARRATIVE CONTINUES… UJJWAL KUMAR SINGH Image Courtesy:www.thirdhalfsoccer.com Do you remember the movie starring Well this story reflects of a similar Leonardo De Caprio which depicted plight, pain and exploitation of Africa the story of plight, pain and but the diamond here is not the one exploitation of African nations for showcased in a jewellery shop but the possession of a precious Diamond that ones that dazzle in the football field. the whole world wanted to acquire? The hunt for the next Ronaldo, Messi, P a g e | 6 Neymar or Saurez is on, and the search strong fixed to the ground. But its fruit party comprises of all the mega rich bearing branches are only in Europe, European clubs and even some of the therefore anyone willing to taste its second tier (financially) clubs, who are fruits has to have a foothold in venturing into far off, never before European football. This is why rich visited virgin lands of football business men from all over the globe scouting, searching for talents like Peter Lim, the Singapore based parallel to these stars which would billionaire or the oil field owning either save them millions in transfer sheikhs like the owners of Manchester fees in case of the mega clubs or earn city and Paris Saint German and shady them millions in transfer fees in case Russian billionaires still looking to of those belonging to the financial legalize the wealth looted at the time of second tier. disintegration of USSR are rampantly investing in European football clubs. The globalization of football propelled Hence, the concentration of wealth in by over reach of television, and one region is gradually increasing and internet has turned it into a billion the more impoverished regions are dollar orphan who is cared for by its only providing nourishment to this adoptive parent FIFA only because it money tree but are getting little in gets allowances that is a source of a form of its fruits. The rhetoric that is steady income and is otherwise treated echoing again, corruption again is like the orphan that it is. Like all other following money. Firstly, the scandals effects of globalizations the largest involving Sepp Blatter, the former share of this booming football FIFA president have brought the economy is owned and controlled by governing body to its knees and have the Europeans. This unequal given the world a glaring view of the distribution of wealth has led to rot that has set in and is killing this everyone wanting to climb this global sport like a cancer, pushing it growing money tree but while this towards despair and oblivion. Now the money tree of football has roots Madrid giants transfer ban saga has everywhere which provide for the brought another dark side of European nourishment, and keep it firm and football money lethally impacting P a g e | 7 global football. It has led to the pulled up for violation of the same emergence of black markets for statutory regulations. budding football talents where young On 14th January 2016, FIFA in a boys are being traded like cattle by the statement on its website stated that so called merchants of fortune who are “FIFA disciplinary committee has promising diamond mines to everyone sanctioned Spanish clubs Real Madrid involved in this sham. and Atletico De Madrid for breaches THE SCANDAL relating to international transfer and registration of players under the age of It started with Barcelona, the famed 18. The statement further read that Catalonian club and the proud “both clubs are to serve transfer ban proprietor of La Masia, one of the best that prevents them from registering football academies in the world, when any players at national and a transfer ban expanding over two international level for next two registration periods was imposed over complete and consecutive registration the club as part of a sanction for periods for breaching Article 5, 9, 19 having flaunted FIFA’s regulation for and 18bis as well as annexure 2 and 3 registration of underage footballers of of the regulation on the status and other nationalities. It was anticipated transfer of players”. The clubs have then that more clubs will be slapped also been slapped with fines of with such transfer bans in future 360,000 CHF (Swiss Francs) in case of because this violation had become Real and 900,000 CHF in case of somewhat normative and it was Atletico. The FIFA notification states something being practiced all over that the registration period ban would Europe and other less transparent not affect the impending transfer footballing ecosystems as well. And so, window of January and the women, the prophecy has come true albeit at futsal and the beach soccer teams the cost of two other Spanish super associated with the clubs have also clubs based in the countries capital. been exempted from it. It directs the Ironically all the three Spanish La Liga clubs to regularize the situation of all champions of this decade have been the concerned players within 90 days. P a g e | 8 However, the statement doesn’t the encouragement of player training mention anything about the role of the by Clubs and the protection of Spanish FA or point out any representative teams, in special mishandling on the FA’s part. These regulations.” The Articles of the breaches were brought to light by regulation governing the transfer of preliminary examinations done by players which Real and Atletico have FIFA transfer matching system GmbH been sanctioned for breaching are (FIFA TMS). On its misgivings Articles 5, 9, 18bis, 19 and annexure 2 regarding the transfers, a thorough and 3. Firstly, we have to understand investigation of the matter was the purpose of each of these Articles conducted by the FIFA disciplinary and then see it in the light of FIFA’s committee as part of its disciplinary effort to prevent child trafficking in the proceeding. The time period for the name of football. investigation was from year 2005 to Article 5 of the regulation talks about 2014 for Real Madrid and from year three important things. Firstly, it 2007 to 2014 for Atletico De Madrid. states the importance of a player The FIFA statement in its last part registering with a club in accordance talks about FIFA’s commitment with Article 2 of the regulation either towards protecting the rights of minors as professionals or as amateurs.