The Law of the Olympic Games

by Alexandre Miguel Mestre

• ISBN13: 9789067043045
• ISBN10: 9067043044
• Format: Hardcover
• Copyright: 2010-01-18
• Publisher: T.M.C. Asser Press

Summary

This book examines, from a legal perspective, the numerous developments in the rules and institutions of the Olympic Games from antiquity to the modern day. It offers a well-informed and insightful explanation of the Lex Olympica, and analyses the legal and institutional aspects that arise in the Olympic Movement (OM), such as its definition, composition and general organisation, its three principal constituents, its three satellite organisations and its organs. Furthermore, it addresses contemporary legal questions and inherent consequences the OM encounters, such as eligibility criteria, legal protection of the Olympic symbol, protection of the environment, advertising and ambush marketing, athletes' freedom of expression and Olympic boycotts.

Table of Contents

Foreword by Professor	p. V
List of Acronyms	p. XI
Introduction	p. 1
Law and the Olympic Games	p. 5
Law in the Olympic Games in Antiquity	p. 5
Law in the Olympic Games of the modem era	p. 9
From the early scarcity of rules to the Olympic Charter	p. 9
The difficulty of integrating 'Olympic law' with 'state laws'	p. 16
The nature of the formal submission of a state to 'Olympic Law' on being a candidate to organise the Olympic Games	p. 19
The incorporation or assimilation of 'Olympic Law' in national state legislation: The case of Portuguese legislation	p. 21
Community law as a source of 'Olympic Law'	p. 31
Acts of secondary legislation and soft law instruments	p. 31
Case law of the Community courts and the Commission's decision-making practice in the area of competition law	p. 33
Legal and Institutional Aspects of the Olympic Movement	p. 35
The Olympic Movement: Definition, composition and general organisation	p. 35
The three principal constituents of the Olympic Movement	p. 36
The International Olympic Committee	p. 36
Mission and role of the IOC	p. 36
The legal nature of the IOC	p. 38
Members of the IOC	p. 42
The National Olympic Committees	p. 44
Mission and role of the NOCs	p. 44
Members	p. 46
The legal nature of NOCs	p. 47
Country and name of an NOC	p. 48
The International Sports Federations	p. 50
Recognition of IFs	p. 50
Mission and role of the IFs in the OM	p. 50
Technical responsibility of IFs at the Olympic Games	p. 51
Legal nature of the IFs	p. 51
The 'satellite organisations' of the Olympic Movement	p. 52
The World Anti-Doping Agency	p. 52
The International Olympic Academy	p. 54
The Court of Arbitration for Sport	p. 55
The International Paralympic Committee	p. 60
The Organising Committees of the Olympic Games	p. 62
The Olympic Congress	p. 65
The IOC Commissions	p. 66
The International Olympic Truce Foundation and the International Olympic Truce Centre	p. 67
The organs of the Olympic Movement	p. 68
The Session	p. 68
The Executive Board	p. 69
The President	p. 70
Legal Problems of the Contemporary Olympic Movement	p. 71
Eligibility criteria	p. 71
Amateurism versus professionalism	p. 72
Competitors' nationalities	p. 74
Minimum age limits	p. 79
The participation of women	p. 81
The participation of transsexuals in the Olympic Games	p. 83
Dual participation in the Olympic Games and the Paralympic Games	p. 84
The legal protection of 'Olympic properties'	p. 85
Protection of the environment	p. 91
Advertising	p. 93
Freedom of expression	p. 96
Media coverage of the Olympic Games	p. 96
Propaganda versus the freedom of expression	p. 98
Boycotts of the Olympic Games by National Olympic Committees	p. 100
Conclusion	p. 103
Selected writings	p. 107
Basic documents	p. 113
Olympic Charter	p. 115
IOC Code of Ethics	p. 171
Nairobi Treaty on the Protection of the Olympic Symbol	p. 175
United Nations, General Assembly, Resolution on the Olympic Truce	p. 179
Appendix	p. 181
The Legal Regime for a Permanent Olympic Site?	p. 183
International and National Legislation and Sport Regulations	p. 221
Table of Cases	p. 229
Subject Index	p. 231
Index on Organisations	p. 241
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