The Court of Arbitration for Sport and Athlete Protests

A Focus on the 2020 Tokyo Olympics

Authors

DOI:

https://doi.org/10.52028/rbadr.v6.i11.ART17.IN

Keywords:

Court of Arbitration for Sport, Athlete Protests, 2020 Tokyo Olympics, Athlete Rights

Abstract

This research paper aims to delve into the complex intersection of athlete protests, political expressions in sports, and the Court of Arbitration for Sport’s (CAS) role, particularly emphasizing the 2020 Tokyo Olympics. An exploratory design is employed, combining historical context with analytical insight. The structure covers an introduction to CAS and the significance of athlete protests, traces the historical precedent of political expressions in Olympic Games, elaborates on the jurisdiction and procedures of CAS, provides a meticulous overview of the 2020 Tokyo Olympics controversies, and conducts a comparative analysis with previous Olympic CAS rulings. The 2020 Tokyo Olympics witnessed an unprecedented surge in athlete protests and political expressions. Key CAS rulings during these games had a profound influence on athlete behaviour, public opinion, and the stance of the Olympic Committee. Notably, CAS’s decisions revealed a cautious approach, balancing the Olympic guidelines and athlete rights. The study illuminates the evolving dynamics between sports institutions and athlete expressions. CAS, as an adjudicatory body, plays a pivotal role in shaping the trajectoryof such protests, potentially influencing future Olympic policies. Gaining insights into the intricacies of the CAS decisions empowers sports professionals, athletes, and decision-makers to predict the possible outcomes of upcoming disputes. This in turn contributes to more seamless Olympic events. The present study delves deeply into the CAS’s engagement with athlete protests during the 2020 Tokyo Olympics. Distinct from previous research, this work amalgamates historical, procedural, and ethical dimensions, offering a comprehensive understanding of an area that is both intricate and under the global spotlight.

Author Biography

Tushar Sharma, O.P. Jindal Global University

Tushar Sharma is a Doctoral Candidate (LAW) at O.P. Jindal Global University, Jindal Global Law School, specialising in Technology Law, Philosophy, and Space Law.

References

A summary of the CAS Ad Hoc Division decisions at the Rio Olympic Games - LawInSport, https://www.lawinsport.com/topics/features/item/a-summary-of-cas-ad-hoc-division-at-the-rio-olympic--games (last visited Sep 10, 2023).

Belarusian sprinter refuses to leave Tokyo | Reuters, https://www.reuters.com/lifestyle/sports/exclusive-olympics-belarusian-athlete-says-she-was-taken-airport-go-home-after-2021-08-01/ (last visited Sep 10, 2023). Staff, Belarusian Sprinter Who Criticised Coaches Refuses to Be Sent Home, The Guardian, Aug. 1, 2021, https://www.theguardian.com/sport/2021/aug/01/belarus-sprinter-krystsina-tsimanouskaya-criticised-coaches-says-she-will-not-return-to-country (last visited Sep 10, 2023).

Caster Semenya Won Her Case, But Not the Right to Compete | Human Rights Watch, (Jul. 18, 2023), https://www.hrw.org/news/2023/07/18/caster-semenya-won-her-case-not-right-compete (last visited Sep 10, 2023).

China: Olympics Harm Key Human Rights | Human Rights Watch, (Aug. 6, 2008), https://www.hrw.org/news/2008/08/06/china-olympics-harm-key-human-rights (last visited Sep 10, 2023).

Code: Procedural Rules, (2023), https://www.tas-cas.org/en/arbitration/code-procedural-rules.html (last visited Sep 16, 2023).

James A. R. Nafziger, Dispute Resolution in the Arena of International Sports Competition, 50 The American Journal of Comparative Law 161 (2002).

Ethiopia’s Lilesa makes protest gesture at marathon finish | Reuters, https://www.reuters.com/article/us-olympics-rio-athletics-m-marathon-lil-idUSKCN10W0PR (last visited Sep 16, 2023).

Fact Check-All political demonstrations are banned under Olympic rules | Reuters, https://www.reuters.com/article/factcheck-olympics-political-demonstrati-idUSL2N2OD1V1 (last visited Sep 16, 2023).

David Smith, Feyisa Lilesa: Being an Athlete Allowed Me to Be the Voice of My People, The Guardian, Sep. 13, 2016, https://www.theguardian.com/world/2016/sep/14/feyisa-lilesa-being-an-athlete-allowed-me-to-be-the-voice-of-my-people (last visited Sep 16, 2023).

Freedom of Expression - Athlete Voice and Activism, Centre for Sport and Human Rights, https://www.sporthumanrights.org/freedom-of-expression-athlete-voice-and-activism/ (last visited Sep 16, 2023).

Hong Kong national security law: What is it and is it worrying?, BBC News, May 22, 2020, https://www.bbc.com/news/world-asia-china-52765838 (last visited Sep 22, 2023).

Myles Burke, In History: How Tommie Smith and John Carlos’s Protest at the 1968 Mexico City Olympics Shook the World, https://www.bbc.com/culture/article/20231011-in-history-how-tommie-smith-and-john-carloss-protest-at-the-1968-mexico-city-olympics-shook-the-world (last visited Sep 26, 2023).

In History: How Tommie Smith and John Carlos’s protest at the 1968 Mexico City Olympics shook the world - BBC Culture, https://www.bbc.com/culture/article/20231011-in-history-how-tommie--smith-and-john-carloss-protest-at-the-1968-mexico-city-olympics-shook-the-world (last visited Sep 26, 2023).

Indian wrestler Yadav given four-year doping ban after WADA appeal | Reuters, https://www.reuters.com/article/olympics-rio-doping-yadav-idUSL8N1AZ5VX (last visited Sep 26, 2023).

James A. R. Nafziger, International Sports Law as a Process for Resolving Disputes, 45 The International and Comparative Law Quarterly 130 (1996).

Louise Reilly, Introduction to the Court of Arbitration for Sport (CAS) & the Role of National Courts in International Sports Disputes, An Symposium, 2012 (2012).

IOC Athletes’ Commission’s recommendations on Rule 50 and Athlete Expression at the Olympic Games fully endorsed by the IOC Executive Board - Olympic News, International Olympic Committee (2022), https://olympics.com/ioc/news/ioc-athletes-commission-s-recommendations-on-rule-50-and-athlete-expression-at-the-olympic-games (last visited Sep 26, 2023).

IOC extends opportunities for athlete expression during the Olympic Games Tokyo 2020 - Olympic News, International Olympic Committee (2022), https://olympics.com/ioc/news/ioc-extends-op-portunities-for-athlete-expression-during-the-olympic-games-tokyo-2020 (last visited Sep 26, 2023).

IOC gives athletes more scope for protest at Tokyo Olympics | AP News, https://apnews.com/article/tokyo-olympic-games-2020-tokyo-olympics-race-and-ethnicity-sports-3f8d420b7e94bbafa-037d22327efb38b (last visited Oct 05, 2023).

Koreans March as One in Sydney at Opening Ceremony of Olympics - Los Angeles Times, https://www.latimes.com/archives/la-xpm-2000-sep-16-mn-21930-story.html (last visited Oct 05, 2023).

Nelson Mandela used power of sport to unify, rebuild South Africa, sportanddev, https://www.sportanddev.org/latest/news/nelson-mandela-used-power-sport-unify-rebuild-south-africa (last visited Oct 05, 2023).

Olympics review: The highs, lows and controversies of Tokyo 2020 | Coronavirus pandemic News | Al Jazeera, https://www.aljazeera.com/news/2021/8/9/olympics-review-the-highs-lows-and-controversies-of-tokyo-2020 (last visited Oct 08, 2023).

Nick Nocita, POLITICS AND THE OLYMPICS, 41 Harvard International Review 24 (2020). Russia Banned From Olympics and Global Sports for 4 Years Over Doping - The New York Times, https://www.nytimes.com/2019/12/09/sports/russia-doping-ban.html (last visited Oct 12, 2023).

Simone Biles receives support from around the web after pulling out of team final, Olympics.com (2021), https://olympics.com/en/news/support-pours-in-simone-biles-social-media-messages-gymnastics-tokyo-2020 (last visited Oct 12, 2023).

Thomas T. Roberts, Sports Arbitration, 10 Industrial Relations Law Journal 8 (1988).

Centrefield LLP-Stuart Baird & Matthew Bennett, Sports Law : Court of Arbitration for Sport (CAS), Lexology (2021), https://www.lexology.com/library/detail.aspx?g=59532e84-6609-44ef-baf9-1ef8648650f8 (last visited Oct 15, 2023).

Richard H McLaren, Sports Law Arbitration by CAS: Is It the Same as International Arbitration?

Gustavo da Rocha Schmidt, Natália Ribeiro & Daniel Brantes Ferreira, The Brazilian Center for Arbitration and Mediation (CBMA) as an Appellate Sports Arbitration Institution, 3 Revista Brasileira de Alternative Dispute Resolution - Brazilian Journal of Alternative Dispute Resolution - RBADR 93 (2021).

The Olympics are about diversity and unity, not politics and profit. Boycotts don’t work, The Guardian, Oct. 23, 2020, https://www.theguardian.com/sport/2020/oct/24/the-olympics-are-about-diversity-and-unity-not-politics-and-profit-boycotts-dont-work-thomas-bach (last visited Oct 17, 2023).

Timeline: Politics and Protest at the Olympics, Council on Foreign Relations, https://www.cfr.org/timeline/olympics-boycott-protest-politics-history (last visited Oct 17, 2023).

Track’s Caster Semenya Loses Appeal to Defend 800-Meter Title - The New York Times, https://www.nytimes.com/2020/09/08/sports/olympics/caster-semenya-court-ruling.html (last visited Oct 17, 2023).

Why Black American Athletes Raised Their Fists at the 1968 Olympics, HISTORY (2023), https://www.history.com/news/black-athletes-raise-fists-1968-olympics (last visited Oct 18, 2023).

Published

2024-07-11

Issue

Section

Artigos