IASL Presentation on "The Status of Sports Lawyers in the World"

Professor at the  University of Athens , Attorney-at-Law

Vice-Rector, University of Central Greece

President of International Association of Sports Law (IASL)

 

The specialization of Sport Lawyer is a sine qua non condition, so as to deal with this subject. This specialization can be achieved through studies not only in a graduate level, concerning general courses of Sports Law, but also, in a postgraduate level, more deeply, within the systematic integration of Sports Law in the academic law area. It is an issue whether and how the existing level of studies is adequate to satisfy the ever-increasing need for specialization, as Sport Lawyer has to handle legal issues, which deviate from the usual legal job and may be from the representation of an athlete in negotiations (in this case the Sport Lawyer is acting more as an “agent” than as a lawyer stricto sensu), to the providing of legal services to Federations, sports clubs or organizations, as well as assignee in cases of sports disputes before the Courts and sports jurisdictional institutions.

The wide role of Sport Lawyer requires his specialization in the subject of Sports Law, both domestic and Lex Sportiva, in order to be able to handle cases, not only concerning the substantial, but also the procedural law. In addition, a field in which there is not the appropriate education is the subject of sports dispute management on behalf of Sport Lawyers, and the thorough knowledge of the complicated procedure, depending on the nature of sports jurisdiction.

It is a demand today, a specific training material for Sports Lawyers to be formed and implemented.

International Association of Sports Law (IASL) is an international scientific association founded during the 1st International Congress on Sports Law, December 11-13, 1992 in Athens and seated in Olympia, Greece. Since then IASL is activated as far as administrative matters are concerned in Athens, Greece and in its President’s country of origin. 

At this time President of the International Association of Sports Law is Dimitrios D. Panagiotopoulos, Assoc. Professor, University of Athens, Vice-Rector, University of Central Greece, Advocate, President of Hellenic Center of Research on Sports Law (H.C.R.S.L.);

The objective of IASL is the cultivation and the development of the Science, the research and the teaching of Sports Law and the institution of the Olympic Games. The studies, the collection of the international sports jurisprudence, programming and consultative in the legislative, administrative, organizational and practical section of Sports Law and the institution of the Olympic Games are the aims of the Association.

As IASL ’s aims may be also considered the establishment of a study, library and laboratories, studies similar to the scientific subjects of Sports Law and the institution of the Olympic Games ; the organization of scientific lectures, seminaries and Congresses over subjects that regard Sports Law internationally and the institution of the Olympic Games as well as lectures of a wider form and information that aim at the elevation of the cultural level and the education of the peoples, over subjects such as the instruction of Natural Education from the aspect of the Law and the Olympic Idea; the publishing of scientific texts with similar objectives, of a scientific journal, organ of the Association as well as an informational leaflet ; the collaboration with other natural persons or legal entities internationally that share similar objectives and by every acceptable and legal means.

The Association’s agenda shall be pursued through:

-the organization of an annual Congress on a general theme of sports law that can comprise more specific topics, taking into account the national, regional, and international dimensions of sports law;

-the organization of other meetings on subjects relating to sports law and the institutional and legal aspects of the Olympic Games, as well as programs of a broader scope on physical education and athletic competition in the light of international sports law and the Olympic Charter;

-the production, or cooperation in the production, of scholarly publications relating to these purposes;

-the maintenance of a databank on significant developments in international sports law and of the IASL web site (www.iasl.org);

-the organization of resource materials and library collections concerning sports Law and the Olympic Games;

- the international collaboration with other natural or legal persons who espouse the same or similar purposes and the creation of sports law associations affiliated with the IASL and by other legal means.

IASL members may be natural and/or legal persons actively participating in the research, teaching and practical application of Sports Law as well as the institution of the Olympic Games. Most of the present members are Sports Lawyers and Sports law Professors and specialists on sports law.

According to the article 9 of IASL’s By-Laws: ”the organs of the Association are a) the General Assembly, b) the Audit Committee, c) the Board of Directors, d) the Elections Committee and e) the Standing Committees”.

IASL’s Committees fulfil a very important role in the cultivation and the development of Sports Law and the promotion of IASL’s purpose. Some of the existing committees are the Case-Law committee, the Sports Legislation committee, the Sports Law Library & Bibliography committee, the Financial Planning committee, the Sports Safety committee, the I.S.L.R. Pandektis committee and the scientific committee.

As it is already mentioned, the organization of scientific Congresses is one of IASL’s aims. Until today IASL has organized three (3) Panhellenic and seventeen (17) International Congresses with lot of success. At this moment, IASL is preparing its 18th International Congress, on October 10-11, 2012 in Beijing, China with main topic: “New Structure of Sports and Law”. Some of the topics discussed in the previous congresses are : “International Constitutional Charter of Sports: Lex Sportiva – Lex Olympica” (in Moscow, Russia) ; “Sports Law: Lex Sportiva, National Sports Law and International Sports Law” (in Seoul, South Korea); “Sports Law: An Emerging Legal Order

Human Rights of Athletes” (in Athens, Greece); “Sports Justice, Present and Future” (in Mexico City); "Fighting Abuse in Sport" (in Johannesburg, South Africa); “Sports Law: Application and Olympic Games” (in Athens, Greece); "International Sports Law and Business in the 21st Century" (in Milwaukee, Wisconsin U.S.A) ; "Professional Sport Activities" (in Montevideo, Uruguay);  "Sports and Human Rights - Assault - Doping" (Paris, France);  "Responsibility in Sports Activities" (in Tehran, Iran); "Sports Activities - European Community Law and International Implications" (in Nafplion, Greece); "Legal Aspects of the Financial Management of Sports Activities" (in Barcelona, Spain);  "Sports Disputes Within World of Sports, Resolution and Perspectives" (in Nice, France); "Rights and Obligations in the Sport Process" (in Olympia, Greece) etc.

Due to all these discussions, IASL is about to create and adopt in the upcoming Congress an International Charter in Sports Law in order to promote the idea of a common sports law all over the world and an international sports legal order, in order to be useful to sports lawyers and the people related to sports law.

A common wish of IASL members is also the idea of creating an international master in Sports Law. This idea is based on the thoughts that there is no common treatment of sports law education all over the planet. Most countries and states do no have a special education for sports law, so it could be a useful project the creation of an international master, where Professors of different Universities could participate. The aforementioned idea  was created and discussed at the special topic “Sports Law Studies in the Universities” at the 13th IASL Congress in Mexico with main topic “Present and future of the Sports Justice (Actualidad y Futuro de la Justicia Depotiva) ” (IASL proceedings 2007, p. 349-365). 

It is very important to talk about the official journal of the International Association of Sports Law (I.A.S.L.) entitled “International Sports Law Review Pandektis” (I.S.L.R. Pandektis). The Journal is being published twice per year and bound as a volume every two years. 

The aim of the Journal is the development and the promotion of the Sports Law Science worldwide. The presentation of authentic jurisprudence law cases, specialized legislation’s and courts of justice nationally and internationally. I.S.L.R. Pandektis basic goal is to communicate and deliver a scientific message of the emerge Science of Sports Law.

Articles and studies -based on sports law- are published into the I.S.L.R. Pandektis. Articles regarding the Sports relations (in the national and international level), and the sports organizations (their legal status and the law that governs their function), are also published in this volume. Studies about the labour relations in athletics and articles concerning the law of the Olympic Games are included into this volume of the I.S.L.R. Pandektis, as well.

Finally, as far as IASL’s publications are concerned, it would be appropriate to mention the publications of IASL Congress proceedings such as the proceedings of the 1st ,2nd 5th , 7th , 14th ,15th Congress etc (https://iasl.org/pages/en/sports_law_publications/proceedings.php).