Abstract
This contribution presents the international comparative research that was undertaken by the ASSER international Sports Law Centre in The Hague in the previous decade, in most cases in cooperation with other national and in particular international sports law centres and individual researchers at those centres or connected with universities. The ASSER experience is used here to apply and test in practice to sports law research a set of distinctions which are proposed in general comparative law literature, such as internal and external comparative law; national and international comparative law; comparative law in the stricter and wider sense; horizontal and vertical comparative law; and macro and micro comparative law.
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Notes
- 1.
- 2.
Weatherill 2011, pp. 38–41.
- 3.
- 4.
Kokkini-Iatridou et al. 1988, pp. 26–27.
- 5.
See also: Bestrijding van doping in de sport: een internationale terreinverkenning in publiekrechtelijk perspectief [The fight against doping in sport: an international survey from a public law perspective], October 2001 [Netherlands Ministry of Justice commissioned study].
- 6.
This article will also be published in the Research Handbook on International Sports Law (Nafziger and Ross 2011, 112–130).
- 7.
See: Siekmann and Soek 2007, at p. XIX.
- 8.
Chaker 2004.
- 9.
Case 13/76 Donà, ECR 1976, p. 1333 and Case C-415/93 Bosman, ECR 1995, I-4921.
- 10.
Case C-415/93 Bosman, ECR 1995, I-4921.
- 11.
Cf., IP/08/807 of 28 May 2008.
- 12.
Case C-95/97 Région wallone v. Commission, ECR 1997, I-1787.
- 13.
Case C-249/81 Commission v. Ireland, ECR 1982, 4005.
- 14.
COM (2007) 391 final, pp. 14–15.
- 15.
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Developing the European Dimension in Sport, COM(2011) 12 final, Brussels, 18.1.2011, p. 13.
- 16.
Cf., also Soek 2006.
- 17.
On 9 March 2000, an Asser Round Table Session entitled The americanisation of sports law—the American and European sports models compared was organized at the office of law firm CMS Derks Star Busmann Hanotiau in Utrecht and in co-operation with the Sports Law Centre of Anglia Polytechnic University and Sportzaken magazine/The International Sports Law Journal (ISLJ). Participants in the LLM/MA Sports Law Course of Anglia Polytechnic University, which was hosted by the T.M.C. Asser Institute in The Hague from 8 to 11 March, attended the Session. Speakers were Dr. Simon Gardiner, Sports Law Centre, Anglia Polytechnic University, Chelmsford, United Kingdom, Aaron Wise, Siller Wilk LLP, New York, United States of America, Dr. Martin Schimke, Wessing and Berenberg-Gossler Attorneys, Hamburg, Germany, James Gray, Pierski, Fitzpatrick and Gray, Milwaukee, United States of America, and Prof. Dr. Paul de Knop, Free University, Brussels, and University of Tilburg, The Netherlands. Mr Eric Vilé, CMS Derks, chaired the Session. The Session was sponsored by the FBO, the Dutch Federation of Professional Football Organisations. Simon Gardiner’s and Paul de Knop’s contributions were published in The International Sports Law Journal, No. 2, 2000, pp. 17–20. The official programme explained the Round Table’s topic as follows: ‘In recent years, especially in the post-Bosman period, professional sport in Europe appears to have been increasingly influenced by what are regarded as characteristics of the traditional North American model of sport. The growing commercialisation in European professional football, in particular, makes it relevant to thoroughly consider the usefulness and adaptability of legal and institutional instruments that are available in the United States where the major leagues of American football, baseball, basketball and ice hockey have for decennia now been “big business.” This Round Table Session examines themes such as the appropriateness of closed leagues and the role of commissioners, the system of sports franchises, the relocation of clubs, anti-trust law and the collective selling of broadcasting rights, the phenomenon of club owners, cross-ownership, sponsoring, licensing and merchandising, the farm system, collective bargaining agreements and players’ unions, the regulation of the sports agent, the application of salary caps, salary arbitration and free agents, the draft system, and questions of intellectual property rights. In addition, specific developments that are taking place in the “sports industry” of the United States and Europe at the time of the Round Table Session are evaluated.’
- 18.
- 19.
Nafziger 2008, p. 100.
- 20.
Halgreen 2004, pp. 16-17.
- 21.
Several years ago, the Asser Institute was requested by the Singapore Sports Council who referred to the “Sports Acts” study (2006) for the Netherlands government, to present a research proposal for the purpose of the revision of the Sport Council Act (1973). Particularly, because of the Singaporese ambition to create in the country a podium for the staging of international sporting mega events the question was whether the adoption of a new Sport Act could be drafted and how. The Asser Institute then proposed a worldwide study along the lines of what is described as follow-up research in the paragraph on the “Sports Acts” pilot study, supra Sect. 2.2.1.1 .
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Siekmann, R.C.R. (2012). Towards a Typology of (International) Comparative Sports Law (Research). In: Introduction to International and European Sports Law. ASSER International Sports Law Series. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-852-1_2
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