FIFA Regulations

Принцип автономии спорта долго не предполагал четких обязательств спортивных организаций в сфере соблюдения прав человека: между-народно-правовые обязательства на них не распространяются, так как они не являются субъектами международного публичного права, а добровольно такие обязательства они на себя не принимали. С 2010 г. к проблематике прав человека в спорте стал обращаться Совет по правам человека ООН. Международный олимпийский комитет актив-но участвует в дискуссиях, инициируемых СПЧ ООН. Ряд положений, связанных с правами человека, отражен в Олимпийской хартии, хотя МОК до сих пор не выработал отдельного документа в этой области. В 2017 г. Международная федерация футбола первой среди международных федераций, признаваемых МОК, выработала Политику ФИФА в области прав человека, в которой определила проблемные зоны: трудовые права лиц, привлекаемых деловыми партнерами ФИФА; приобретение земли и жилищные права; дискриминация; обеспечение охраны и безопасности зрителей; права игроков. Консультативный совет ФИФА по правам человека представляет регулярные доклады с обозначением актуальных проблем и рекомендациями по их урегулированию. ФИФА демонстрирует готовность закрепить обязательства своих главных органов, национальных футбольных ассоциаций и кон-федераций в сфере соблюдения прав человека.

Cм. содержание номера: https://zakon.ru/magazine/zakon/560

Kosovo's Declaration of Independence in the year 2008 caused a massive stir within the International community which brought the debates of recognition to the forefront. The dispute between Serbia and Kosovo has not only resulted in countless lives being destroyed but economies being stalled with the failure of Belgrade-Pristina talks. Serbia has been adamant on not recognizing Kosovo as an independent sovereign state. This has led Kosovo to search for different battlefields to garner the consensus of the International Community regarding their free status. Sport is the new battlefield to show the soft power of diplomacy. In the past few years, Kosovo has tried to garner membership in countless governance bodies, inter alia, FIFA, UEFA, etc. This has largely helped Kosovo towards its aim of recognition by the United Nations and the European Union. To halt this approach Serbia challenged Kosovo"s membership in UEFA in the Court of Arbitration for Sport. The contentious issue was the interpretation of Article 5(1) of the UEFA Statutes. This paper analyses the said proceedings in the light of Kosovo"s battle for recognition. Through this the author aims to lay down the requisite ambit of sport diplomacy by the stakeholders and governance bodies.

On 6 November 2017, FIFA (the world governing body for football) and FIFPro (the World Players’ Union) reached a wide ranging 6 year cooperation agreement1 to strengthen relationships between the two organisations and improve the governance of professional football worldwide.
Additionally, an agreement was reached between FIFA, FIFPro, the European Club Association (ECA) and the World Leagues Forum under the umbrella of FIFA’s newly formed "Football Stakeholders Committee", which includes confederations, member associations and professional football stakeholders.
Among the improvements agreed were several changes regarding dispute resolution between players and clubs, particularly for decisions in cases of overdue payables, as well as new provisions to avoid the abusive conduct of parties, such as players being forced to train alone. As a consequence of these commitments and the implementation of the agreement, FIFPro withdrew the complaint against FIFA lodged with the European Commission2 in September 2015.
Some changes had already been enacted in November 2017, with the FIFA transfer system (the FIFA TMS3) applying both to male and female athletes, the latter not having been part of the TMS system since its creation.
Nonetheless, on 26 April 2018, FIFA released Circular Letter 16254 introducing the other changes to the FIFA Regulations on the Status and Transfer of Players (RSTP) in line with FIFA’s agreement with FIFPro, which are valid as of 1 June 2018.

Qatar won the right to host the 2022 FIFA World Cup by placing its bid at the centre of its national and foreign policy strategy.

Published by Australian Outlook, the journal of the Australian Institute of International Affairs

http://www.internationalaffairs.org.au/australian_outlook/football-diplomacy-how-qatar-won-the-2022-world-cup-hosting-rights/

https://litgid.com/catalog/yuridicheskaya/international_sports_law_textbook_for_bachelor_students/

The Textbook was prepared in accordance with the Federal State Educational Standard for Higher Education as applied to specialization  40.03.01 "Jurisprudence" (Bachelor (degree) qualification) and the syllabus of the academic discipline "International Sports Law", approved by the International Law Department of the Kutafin  Moscow State Law University in January 2017.
The Textbook consists of 17 chapters. They correspond to the themes of the syllabus of the academic discipline. Its General part is devoted to the history, object, subjects, sources, special principles of international sports law, the process of regulation of international sports relations at the universal level (within the framework of the United Nations, its specialized agencies and programs), at the regional level (within the Council of Europe and the European Union) and at the bilateral level. The Author makes a corresponding distinction with the object, subjects, sources, special principles of lex sportiva, a set of corporate norms elaborated by the International Olympic Committee, the International Paralympic Committee, international and national sports federations. Special attention is paid to the study of ways of resolving sports disputes through arbitration and appeal proceedings in the Court of Arbitration for Sport (CAS), by means of judicial proceedings in the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU).
The Special Part of the Textbook identifies problem areas that require additional efforts to implement international legal and corporate regulations: the use of doping in sport, violence and hooligan behavior of spectators and fans, environmental protection when organizing international sports competitions, economic crimes and discrimination in international sports, protection of property rights with regard to television and radio broadcasts of international sports competitions, the use of Olympic symbols, countering threats to a healthy lifestyle.
The Textbook will be of interest for Bachelor students of law, lecturers of higher education institutions, practicing lawyers, staff members of organizations of the Olympic and Paralympic movements, as well as for all those whose academic interests and practical activities are connected with international law, sports law and lex sportivа.

This article examines the minute and fascinating relationship
between the Court of Arbitration for Sport (CAS) and the
international governing body for association football, FIFA. This
paper will attempt to examine how effective the CAS has been. It
will tease out whether subsequent complicate within FIFA occurs
and why the judicial principles of the CAS provide a sobering
voice within FIFA. Additionally, in examining the close
relationship the CAS has with FIFA, it will become clear why
FIFA is capable of extracting unanimous adherence to CAS
findings. In essence, it creates an international regime in which
compliance is a tacit criterion of participation. Examining FIFA
through the lens of international political theory authorizes a
fascinating perspective on the CAS and its relationship. It is the
organization’s structure and operation as an international
regulator that contributes to CAS award adherence. To facilitate
this journey, one must first understand the role FIFA plays in
international sport, and the type of relationships it has with
subsidiary members.

This dissertation aims to initiate a discussion on the nature of the decisions issued by the FIFA Dispute Resolution Chamber so that they can be enforced, or not, by the New York Convention of 1958. The subject is practically pacified by both jurisprudence and doctrine. However, in order to carry out the analysis and discussion of the theme, the reasons that led to the current understanding, developed since the mid-1990s, should be reviewed and analyzed again, under the current perspective. The purpose of this paper is to show that the scenario that existed when the concept was created, and that has consolidated over the years is different from the current scenario of the DRC. In order to achieve this objective, I will analyze and debate the cases related to this matter, as well as cases of the Swiss Supreme Court, of countries important to the debate and of the Court of Arbitration for Sport - CAS, as well as the doctrinal understanding on the subject and the sports and arbitration legislations. The idea for the discussion started with the analysis of a real case, in Ukraine. After the dispute resolution proceedings in the FIFA Dispute Resolution Chamber, which rendered a favorable award, it did not have a satisfactory outcome due to the lack of enforceability in this particular case. The first part will show the structure of FIFA and the Dispute Resolution System. The second part will analyze the matter of arbitration and the current relationship between arbitration and FIFA. The third part will analyze what is necessary for the formation of an arbitral tribunal and the relationship of the DRC with those requirements. Finally, it will be concluded whether or not it is possible to consider the decisions of the DRC as being arbitral.

Keywords: Arbitration. Dispute Resolution Chamber. FIFA. Enforcement. New York Convention.

The ability for football clubs to interfere with the interest and desires of their players is a well-documented legal issue. The recent stance of FIFA as it attempts to limit the free movement of players (regardless of level of ability; amateur or professional) has raised cause for concern; both by the players, and all those associated with football in general. This particular subject matter is not opaque to the entire world of sports; however, on the soccer scene it is a new agenda that has gained momentum simultaneously with the introduction of FIFA’s Financial Fair Play rule and UEFA’s Home-Grown rules. It has become widely recognized that the transfer fee of football players is at an all-time high, and current trends suggest this could continue for some time based on economic growths, infrastructural developments, and sports markets. Nonetheless, the overwhelming consequence of such changes to the “beautiful game” as we know it will be felt primarily by the less privileged footballers that play outside the European Union (EU).

The hegemonic power ofFIFA over countries hosting its capstone World Cup tournament is worth examining in the context of hegemony theory in International Relations literature. To understand FIFA’s hegemonic role on the global stage, it is best to place it within the context oftwo major shifts in the international system—power transition and diffusion. This study provides an insight into the dispute between transnational and national law in sports, which FIFA has used to strengthen its hegemony. This has empirical support as seen in four World Cup cases: previous Cups in Brazil (2014) and South Africa (2010) and the forthcoming tournaments in Russia (2018) and Qatar (2022). These cases reveal FIFA’s hegemonic power both through the overruling of national law in favour of transnational law, and by the questionable bidding processes to host the games in Qatar and the Russian Federation. In addition, this study examines whether Switzerland is capable of regulating or restricting FIFA’s hegemonic power. While removing FIFA’s legal status as a non-profit organisation seems not to be an option, the executed amendment ofthe Swiss anti-corruption law is a step forward. Furthermore, FIFA needs to continue its recently initiated internal reforms.

In 2010, Qatar, a tiny, oil-rich State in the GCC won the bid to host the 2022 FIFA World Cup. Not only did Qatar win the right to host the games, it received the burden of public scrutiny for its State practices and human rights abuses. Along with hosting the games comes the onus of constructing stadiums, hotels, conference centers, and new restaurants to house and entertain the influx of visitors. This responsibility alone highlights the most protested practices in the GCC: Kafala and the rights of migrant workers.

As the local populations of GCC States are small and disinclined to hard labor, there is an enormous market for migrant workers in the fields of home maintenance and construction. Migrants flock from countries in Southeast Asia and Africa following promises of lucrative jobs and hopes of sending money back home to support their families. Many are met with realities of slavery, forced labor, and horrid living conditions. FIFA’s new presence in Qatar creates a platform for possible reform, but blame is easily passed between Qatar, FIFA, and the States from which migrants were recruited.

This paper will highlight migrant working conditions in Qatar, Qatar’s relationship and responsibilities to International Labour Law as well as the ILO. It will also focus on the liability of FIFA to uphold human rights and labor laws during the construction, maintenance, and presentation of the games as well as possible routes of jurisdiction available to victims of unlawful labor practices.

Resumo: O direito internacional público tem dado pouca importância à emergência de ordens extranacionais com interação com atores, função e fontes distintas do modo clássico. A ordem transnacional jurídico-política demonstra aspectos do sistema internacional em que o território, a soberania e o povo são submetidos a regras com pouca ou nenhuma interação política legítima. Contudo, elas são incorporadas, ou simplesmente utilizadas, de forma abrangente e com grande capacidade de eficácia. Em especial, a ordem transnacional do esporte, a lex sportiva, é gerada por organismos mandatários do esporte, sem qualquer vinculação política ou preocupação democrática. No caso do futebol, a Fifa cria regras, julga casos e decide despoticamente sobre sua administração. Com a justificativa de realizar megaeventos como a Copa do Mundo, modifica legislações e suspende direitos conforme a necessidade para a sua realização, independente do Estado de Direito do país sede.

Articles 13 to 18 of the FIFA Regulations on the Status and Transfer of Players, recently amended including the new Article 14bis, establish the principles of Contractual Stability. These articles provide the rules of conclusion and termination of contracts, how to calculate compensation, which situations are specifically considered “just cause” and the criteria under which a sporting sanction will be imposed, etc. However, nowhere is a different scenario established, a scenario where a football player receives an offer from a Club, irrespective of his current contractual situation, and after committing to the Club, one of the parties decides to not sign the employment contract

The aim of this article is to analyze the transfer of football players within the FIFA’s system, especially Brazilians who went to Spain and Italy. These transfers bring to the debate the context in which athletes belong, that of immigration. Through FIFA’s statutes and regulations, we sought to understand the conditions of player transfers and, based on historiography and various sources of research, we sought to draw up a history of Brazilian footballers going to Europe from 1920 until the early 1970s.

Keywords: Immigration, Football player, FIFA.

From flying tackles to deep dives, down to long throws, lightning speed and close punches, one cord seems to run through them, the cord of sports.
From time immemorial man had sought a way to entertain himself while attaining commercial success, sports seems to be the answer.
Sport remains a global phenomenon that performs many pertinent functions in the contemporary world. It contributes towards education of children and young adults, a means of social engineering  and surviving cultural differences, a heavy source of employment, and a vehicle towards better mental and physical health. In addition, from the socio-cultural angle, sport is a popular way of life that entertains billions of people worldwide. Many people identify with their teams be it local or national, follow their games ‘passionately’ and derive a sense of pride if their team wins. This mesmerizing effect of sport on masses and its undiluted cultural importance cannot be overemphasized

Although there is a common belief that more footballers are representing countries other than their native ones in recent World Cup editions, a historical overview on migrant footballers representing national teams is lacking. To fill this gap, a database consisting of 10,137 football players who participated in the World Cup (1930–2018) was created. To count the number of migrant footballers in national teams over time, we critically reflect on the term migrant and the commonly used foreign-born proxies in mainstream migration research. A foreign-born approach to migrants overlooks historical-geopolitical changes like the redrawing of international boundaries and colonial relationships, and tends to shy away from citizenship complexities, leading to an overestimation of the number of migrant footballers in a database. Therefore, we offer an alternative approach that through historical contextualization with an emphasis on citizenship, results in more accurate data on migrant footballers – contextual-nationality approach. By comparing outcomes, a foreign-born approach seems to indicate an increase in the volume of migrant footballers since the mid-1990s, while the contextual-nationality approach illustrates that the presence of migrant footballers is primarily a reflection of trends in international migration.

The FIFA is well known organisation, which has established effective and efficient system for resolving disputes between the persons and entities connected to football within its own " private " structure. Moreover, the FIFA has also implemented the system for enforcement of decisions taken by judicial bodies of the FIFA and by CAS through imposing sanctions on those who fails voluntarily to comply with decisions or awards. Although it is disputable weather sports associations may have enforcement powers, which inherent to the state authorities only, imposition of disciplinary sanctions within its organisation implies voluntarily nature: players, clubs or other persons and entities have agreed on being subject to statutes and regulations of the FIFA and other national football associations (" Associations ") and being sanctioned for breaching thereof; anyway they are not prevented to avoid sanctions by simply ceasing to play football professionally and take part in competitions. Moreover, the validity and conformity of FIFA's enforcement system to the Swiss public policy was approved by the Swiss Federal Tribunal (" SFT ") in the decision 4P.240/2006 of 5 January 2007 1 , when SFT affirmed FIFA's power to regulate its sport through suitable rules and decision-making processes and allowed to impose disciplinary sanctions upon football clubs or players for failure to comply with CAS awards. Sanctions issued by associations such as FIFA are not in conflict with the state monopoly to enforce monetary judgments. The SFT has explicitly upheld such private enforcement systems by deciding that the imposition by FIFA of a sanction against one of its direct (Association) and/or indirect members (such as clubs, players, agents or coaches) for failure to comply with a CAS award or with a decision by one of the FIFA judicial bodies, was not inconsistent with public policy. The consent given by the members is considered given voluntarily; just as liquidated damages mutually agreed by two parties in a contract are valid, the same should apply to sanctions imposed by FIFA on its members.

Споры, возникающие в области спорта, могут быть разделены на горизонтальные и вертикальные. В случае горизонтальных споров спорящие стороны обладают равным процессуальным статусом, сам процесс рассмотрения спора может быть охарактеризован как состязательный. Такую терминологию использует и Спортивный арбитражный суд в Лозанне (КАС) – в качестве примера укажем на решение, вынесенное по делу Мартин Cус против Футбольной ассоциации Чешской Республики от 19 января 2016 г.
Споры, рассматриваемые в квазисудебных органах спортивных организаций, являют пример вертикальных споров. Стороны явно отличаются друг от другу по своему процессуальному статусу: одна из них (юрисдикционный орган) обладает властными полномочиями, она выносит решение и обладает организационными и финансовыми возможностями принудить вторую сторону к его исполнению, вторая сторона (физическое или юридическое лицо) должна исполнить вынесенное решение и в случае необходимости претерпеть неблагоприятные последствия, вызванные им.

Although there is a common belief that more footballers are representing countries other than their native ones in recent World Cup editions, a historical overview on migrant footballers representing national teams is lacking. To fill this gap, a database consisting of 10,137 football players who participated in the World Cup (1930–2018) was created. To count the number of migrant footballers in national teams over time, we critically reflect on the term migrant and the commonly used foreign-born proxies in mainstream migration research. A foreign-born approach to migrants overlooks historical-geopolitical changes like the redrawing of international boundaries and colonial relationships, and tends to shy away from citizenship complexities, leading to an overestimation of the number of migrant footballers in a database. Therefore, we offer an alternative approach that through historical contextualization with an emphasis on citizenship, results in more accurate data on migrant footba...

A Copa do Mundo no Brasil representa um momento de grande felicidade para o brasileiro, admirador do esporte, mas quais são as consequencias que a implementação desse megaevento deixou para a população brasileira? Em época de protestos por melhorias sociais, a o Estado reprimiu fortemente qualquer manifestação contrária às políticas adotadas para que o evento acontecesse e é sobre isso que pretendo discorrer.

Resumen:En este artículo presento un análisis sobre el proyecto Ellas, proyecto de Cooperación Internacional Uruguay-Alemania. Dicho proyecto se enfoca en cuestiones relativas a igualdad de género, empoderamiento femenino y técnicas corporales específicas para el cuerpo de las mujeres. Asimismo dicho acuerdo internacional se propone pavimentar la estructura para que haya más mujeres en funciones relativas al fútbol femenino, tal como arbitras, preparadoras físicas, médicas y enfermeras deportivas. Comprendiendo que las categorías empleadas en los talleres de Ellas Juegan para desarrollar el fútbol femenino en la Banda Oriental están conectadas a un debate sobre equidad de derechos entre hombres y mujeres de acceder los mismos espacios tanto de ocio como laboral, el objetivo de este trabajo es apuntar como las políticas públicas deportivas están asociadas a cambios más amplios de la sociedad que, a su vez, están interrelacionados a procesos transnacionales de cambio de la estructura social. Esta investigación se produjo desde una perspectiva etnográfica en lo cual acompañé algunos eventos organizados por el proyecto Ellas Juegan, además de entrevistas con sus organizadores y participantes. Palabras clave: Fútbol Femenino; Proceso de Institucionalización; Igualdad de Género; Globalización.

The TUEs have been back to the front pages of media after the decision of UEFA to sanction the Player Samir Nasri with 6 months of suspension for UEFA rejected his retroactive application for a Therapeutic Use Exemption. The purpose of this article is the review of this kind of authorizations to use prohibited substances or methods to help comprehending the case, their regulations,
their use, request process, recent decisions and their application within the football world.