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BRITISH ASSOCIATION FOR SPORT AND LAW LIMITED FOR SPORT AND LAW BRITISH ASSOCIATION VOLUME 12 · ISSUE 1 · 2004 Sport and the Law Registered Office: c/o Pridie Brewster 1st Floor · 29-39 London Road Journal Twickenham · Middlesex · TW1 3SZ Telephone: 020 8892 3100 Facsimile: 020 8892 7604 SPORT AND LAW JOURNAL SPORT AND LAW m 7:h t VOLUME 12 · ISSUE 1 2004 }Tq 4 &v?$ OLns Registered Office: c/o Pridie Brewster 1st Floor · 29-39 London Road Twickenham · Middlesex · TW1 3SZ Telephone: 020 8892 3100 Facsimile: 020 8892 7604 www.basl.org Directors Maurice Watkins: President Murray Rosen QC: Chairman Mel Goldberg: Deputy Chairman Gerry Boon: Hon. Treasurer Karena Vleck: Hon. Secretary Darren Bailey Nick Bitel Walter Cairns Edward Grayson Paul Harris Tim Kerr QC Peter McInerney Walter Nicholls Fraser Reid Sam Rush Kuldip Singh QC Jonathan Taylor Richard Verow 0161 236 8288 Final Film Registered in England. Company No. 4947540. Registered Office: 29-39 London Road, ISSN 1353-0127 Twickenham, Middlesex TW1 3SZ. VAT Reg No. 673 5989 73 Graphic Design VOLUME 12 · ISSUE 1 · 2004 Sport and the Law Journal } 4 OLTnqs Volume 12 Issue 1 Sport and the Law Journal Contents Editorial 3 Sports Law Current Survey 4 Walter Cairns National Sports Law 130 Conference 2004 Bruce A. Caldow, Harper Macleod Salary Caps: Lawful, Workable 132 and Imminent! Nick Bitel BASL Seminar at King’s 136 College London: A harmonised approach to the regulation of drug use in sport Alexandra Kelham Sport and the Law Journal 140 Reports 2004 2 Sport and the Law Journal Volume 12 Issue 1 Editorial The board of British Association for Sport and Law Limited would like to thank Ray Farrell for his unstinting effort and sustained commitment over the ten years in which he has edited this Journal. We wish him well. 3 Volume 12 Issue 1 Sport and the Law Journal Sports Law Current Survey Compiled by Walter Cairns 9. EU law (excluding competition law) 83 Senior Lecturer in Law and Languages 10. Company law (including sports associations) Manchester Metropolitan University Bankruptcy (actual or threatened) 89 of sporting clubs & bodies The Current Survey of the Sport and the Other issues 94 Law Journal examines current world-wide developments in the field of sports law, in 11. Procedural law and Evidence 98 accordance with the following structure: 12. International private law 99 1. General 13. Fiscal law 99 Conferences, meetings, lectures, courses, etc. 5 14. Human rights/Civil liberties Obituaries 5 (including race and gender issues) Lawyers in sport 6 Racism in sport 101 Digest of other sports law journals 8 Human rights issues 103 Sport and international relations 9 Gender issues 103 Other issues 13 Other issues 104 2. Criminal law 15. Drugs legislation and related issues Corruption in sport 14 General, scientific and technological developments 105 Hooliganism and related issues 22 Doping issues and measures 106 “On-field” crime 26 – international bodies “Off-field” crime 29 Doping issues and measures 107 Other issues 35 – individual countries 3. Contracts (including employment law) Doping issues – individual sports 108 Media rights agreements 36 16. Family Law 116 Legal issues arising from transfer deals 39 Employment law 43 17. Issues specific to individual sports Sponsorship agreements 45 Football – Internal rules and institutions 116 Sporting agencies 47 Disciplinary cases and procedures 117 Other issues 48 Other issues 120 Rugby Union – Internal rules and institutions 120 4. Torts and insurance Disciplinary cases and procedures 121 Sporting injuries 51 Other issues 122 Libel and defamation issues 54 Rugby League – Internal rules and institutions 122 Insurance 55 Disciplinary cases and procedures 122 Other issues 55 Other issues 122 5. Public law Racing – Internal rules and institutions 122 Sports policy, legislation and organisation 56 Disciplinary cases and procedures 123 Public health and safety issues 67 Other issues 124 Nationality, visas, immigration and related issues 68 Athletics – Internal rules and institutions 124 Other issues 69 Disciplinary cases and procedures 124 Other issues 124 6. Administrative law Cricket – Internal rules and institutions 124 Planning law 71 Disciplinary cases and procedures 125 Judicial Review (other than planning decisions) 73 Other issues 125 Other issues 74 Motor Racing – Internal rules and institutions 125 7. Property law (including intellectual property law) Disciplinary cases and procedures 126 Land law 75 Other issues 126 Intellectual property law 75 Other issues 77 8. Competition law National competition law 78 EU competition law 78 4 Sport and the Law Journal Volume 12 Issue 1 1. General Conferences, Meeting, Lectures, scandals in the history of sport, to the point of casting Courses, etc. doubt on the integrity and even the very future of 3 professional cycling . Seminar on Brazilian Code of Sporting Justice As well as winning that Tour, Pantani also played a On 5 and 6 March 2004, the Supreme Court of Sporting high-profile role in the scandal, acting as a ringleader in Justice (Superior Tribunal de Justiça Desportiva) of the strikes and go-slow actions staged by the cyclists in Brazil, supported by the Brazil Confederation of Football protest against what they regarded as police (Confederaçao Brasileira de Futebol – CBF) organised a persecution. Even worse was to follow the next year. seminar discussing various aspects of the country’s Having dominated the Giro d’Italia (Tour of Italy) for that Code of Sporting Justice (Codigo Brasileira de Justica year, he was dismissed from the race after blood tests Desportiva) in Rio de Janeiro. The CBF was represented revealed that he had excessively high levels of by its Vice-President, Nabi Abi Chedid. The Brazilian hematocrit in his body, which was interpreted as a 1 Minister of Sport, Agnelo Quieroz, was also in attendance . possible, though not conclusive, indication of illegal drug consumption. Almost overnight, he became cycling’s ISLA conference on Olympic equivalent of athlete Ben Johnson, and remained mired sponsorship rights in legal action and racing bans for the subsequent four In mid-March 2004, the International Sports Lawyers years. The resulting court cases and scandals tipped Mr. Association (ISLA) organised a conference, in Lausanne, Pantani into a cycle of recreational drugs, depression and 4 Switzerland, the theme of which was the various increasing bitterness . He was cleared of various restrictions on the commercial rights of sporting charges after four years of investigations, but by then performers and sponsors on the occasion of the the damage, both to his reputation and his own fragile 5 Olympic Games. The topics discussed included: character, had been done . • The marketing rights of athletes and sponsors within The autopsy on Mr. Pantani indicated that he had the framework of the relevant rules of the died from severe swelling of his brain and heart. International Olympic Committee (IOC), seen from However, the coroner, Dr. Giuseppe Fortuni, stated that the viewpoint of the IOC, the sponsors and the further investigations would be necessary to determine sporting performers; the exact causes. He did not rule out the possibility that • The Olympic Games as a trade mark, and the the cyclist’s death could be linked to a possible cocktail 6 question whether the IOC has exclusive rights in this of drugs . respect in terms of trade mark law, copyright and competition law; Professor Sir Roland Smith • Experiences in dealing with the IOC and with the Sir Roland Smith was one of the prominent figures in Olympic symbols; Britain’s boardrooms, as well as being a leading • Ad-hoc arbitration at the Olympic Games academic who in 1996 became the Chancellor of the University of Manchester Institute of Science and 2 The conference languages were German and English . Technology (UMIST). He was also the Chairman of Premiership football club Manchester United for 10 years as from 1991, having resigned from the chair of Obituaries British Aerospace that year. Sir Roland was widely acknowledged as having been the main who played a Marco Pantani major part in turning the football club into a successful Nicknamed “the Pirate” by his fellow-cyclists because of global business, having steered it through its debut on 7 his habit of wearing a bandanna containing images of a the stock market . skull and bones, Marco Pantani became the first Italian Sir Roland was also a former member of the to win the Tour de France since Felice Gimondi almost a Advisory Board of this Journal. quarter of a century before. However, the circumstances surrounding this Tour win overshadowed even this Eleanor Holm magnificent achievement, and were to assume ominous The US swimmer and entertainer Eleanor Holm, who significance, not only for his own future, but also for that has died aged 90, will curiously be remembered for her of the sport as a whole. It may be recalled that this was non-participation in the 1936 Olympics rather than for the year in which the Tour nearly ground to a standstill any other feat of her versatile career. She was selected when the Festina squad were dismissed from the event, for the infamous Nazi-dominated Games, but was the police having discovered an organised doping ring disciplined by the US Olympic Committee, which within the team. This set off one of the major drugs accused her of having passed out during a party en 5 Volume 12 Issue 1 Sport and the Law Journal 1. General route to the Games and of having been diagnosed by Lawyers in sport the team doctor with chronic alcoholism – a charge which she vehemently denied. However, the charge was Lawyers in sporting organisations 8 sufficient to have her banned from the competition . under the spotlight 13 It will be recalled from a previous issue that the Sir Oswald Cheung English Football Association has experienced a good Sir Oswald, who recently died in Hong Kong aged 81, deal of internal turmoil recently, none more so than became the first Chinese to be appointed QC in the during the period immediately preceding and following colony, as well as being a loyal and judicious member of Chief Executive Adam Crozier’s departure in 2002.