Tag Archives: olympics

The Road to the 2022 Winter Olympics – Lip Service to Good Intentions

October 21, 2014

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By Geea Atanase – Thompson Rivers University 3L JD Student

Since the creation of the International Olympic Committee (IOC) in 1894, when 13 nations met at the Congress of Paris to revive the Ancient Greek traditions of unity and diplomacy in organized sport, the modern Olympic Games have purported to represent the harmonious coming together of nations from across the globe in friendly competition and mutual respect. The IOC has codified these values in the Olympic Charter, which states in part that the goal of the Games “is to place sport at the service of the harmonious development of man with a view to promoting the preservation of human dignity.” Additionally, the IOC “opposes any political or commercial abuse of sport and athletes.”

However, the IOC’s apparent lust for luxury has come under fire recently when Oslo, Norway decided to withdraw its bid to host the 2022 Winter Games. This is due to the conservative party of Norway’s refusal to provide a financial guarantee for the Games, partly because of the high costs of hosting the Olympics, and partly because of a list of demands that the IOC put to Oslo as a host.

These demands include separate chauffeur-driven Olympic traffic lanes with ‘priority’ traffic lights, opening and closing ceremonies with gourmet food, a cocktail reception attended by King Harald V and funded by Norway’s royal family, and an entire hotel to be set aside for use by the IOC. Although IOC spokespeople have called these demands mere ‘suggestions,’ the outrage shown by the Norwegian government toward the IOC’s ostentatious requests sheds light on what can only be described as a commercial abuse of sport by the IOC, contrary to the values espoused in its Charter, as well as an abuse of the IOC’s position of power as the governing body of the Olympic Games.

Additionally, bidding for 2022 Winter Games will not be reopened by the IOC, which leaves Beijing, China and Almaty, Kazakhstan as the only host options; however, human rights abuses in both countries are well-documented. The US Department of State’s (DOS) Report for 2014 lists the most significant human rights problems in Kazakhstan as arbitrary and unlawful killings by government agents, government and security force corruption, torture of prisoners and detainees, violence and discrimination against women and LGBT persons, abuse of children and child labor, sex and labor trafficking, and restriction on freedom of speech, press, assembly, religion, and association.

The US DOS Report for 2014 also describes significant human rights abuses in The People’s Republic of China, an authoritarian state ruled by the Communist Party; these issues include harassment and intimidation by the government toward public interest advocates and critics of the regime, extrajudicial killings without due process, torture of detainees and coerced confessions, political control of courts and closed trials, restrictions on freedom of religion, and forced abortions and sterilizations in accordance with a birth limitation policy, to name a few.

If the IOC is truly concerned with ‘promoting the preservation of human dignity,’ as stated in its Charter, it might think twice about choosing to host the Olympics in countries where state sanctioned harassment, torture, and discrimination against its citizens are commonplace abuses, among others. However, given the IOC’s track record when it comes to ignoring blatant human rights violations in nations involved in Olympic bids, its refusal to reopen bidding for the 2022 Winter Games is unsurprising. Despite the obvious human rights violations against Jews perpetuated by Adolf Hitler’s Nazi regime, the IOC refused to reopen the bid for the 1936 Summer Games after awarding the honor of hosting the event to Berlin. In fact, even amid strong opposition from western nations and Jewish athletes who called for a US boycott of the Games, the IOC ejected boycott supporter Ernst Lee Jahncke from the Committee and replaced him with Avery Brundage, who spoke publicly about a ‘Jewish-Communist conspiracy’ to prevent the US from competing in Berlin.

The IOC also failed to respond in any meaningful way to the controversy surrounding its decision to hold the 2014 Winter Games in Sochi, particularly with the law prohibiting the spread of ‘non-traditional sexual arrangements between adolescents,’ which was signed into legislation by Putin in 2013. Despite the IOC paying lip service to its values of anti-discrimination and assuring participants of the Games that it would be a safe environment for athletes, human rights organization RUSA LGBT put it best – “we want to know how they can ensure this in a country with state-sponsored homophobia backed by federal law?”

Perhaps the more pressing question is whether the IOC can dig itself out of the moral conundrum it finds itself in once again with respect to holding the Olympic Games in countries known for human rights violations, this time in direct relation to the unrealistic and exorbitant demands they themselves placed on the only functioning democracy that was in the running. After years of practices that run contrary to the values espoused in the Olympic Charter, it remains to be seen whether the IOC will take a stand regarding the very values it professes to embody.

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World Sports Law Report’s: Tackling Doping in Sport 2011 (in association with UK Anti-Doping & Squire Sanders Hammonds, 16-17 March, London [DAY 2]

March 25, 2011

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If there are any errors or inaccuracies these are from me rather than from the speakers. The official WSLR review of the event can be found here: http://e-comlaw.com/sportslawblog/template_permalink.asp?id=386

Day 2  (http://www.tacklingdopinginsport.com/)

  1. Anti-Doping at the Olympic Games. Richard Budgett (London 2012). The first lecture discussed the planned anti-doping provision at London 2012. Just listening to the statistics in particular outlined the sheer logistical task ahead, indeed London plans to undertake the most number of blood and urine doping tests yet (6,200 tests total split as 5,000 at the Olympics, 1,200 at the Paralympics), reaching an expected peak of 400 on one day! (To put this into perspective, UKAD only conduct 7,500 annual tests!). For the first time at the Olympics, Blood and Urine will also be collected in the same room hopefully speeding up the process. One problem that was however raised in light of David Howman’s speech the day before was that all the Doping Control Officer’s (DCO) will be volunteers and the potential for this to lead to bribery?
  2. Anti-Doping at the Commonwealth Games. David Grevemberg (Glasgow 2014). This lecture presented an overview of the planned anti-doping provision at Glasgow 2014. What was noticeable was the stark contrast between the statistics for the two events: Glasgow will have 17 sports, 25 disciplines, 250 medal events, 71 Nations and territories and 11 days of competition, indeed the costs of the Olympic stadium alone would fund Glasgow’s entire budget. One issue that hasn’t yet been decided though was whether the DCOs were coming from London, foreign jurisdictions or from training Scottish medical staff and providing an anti-doping legacy after the Games.
  3. Keynote Speech – Legacy for Anti-Doping. Hugh Robertson MP (UK Minister for Sport and the Olympics). The Keynote Speech has been widely reported by the media (http://www.guardian.co.uk/sport/feedarticle/9550585; http://www.reuters.com/article/2011/03/17/us-olympics-london-doping-idUSTRE72G43Z20110317) however it is still worth highlighting a number of points the Minister made. The first point to note is that he felt that sport was facing twin threats from doping (possibly from more individual sports) and from corruption (possibly from more team-based sports). Combating these two threats was vital if sport was to retain its integrity. One throwaway comment that perhaps jars with the current England FA coverage is that he viewed all Olympic sports stars as role models [whether this is enforceable though is another matter!]. The Minister praised UKAD and encouraged its close relationship with law enforcement, interestingly though he suggested that they should focus not just on target athletes but on stemming the entire flow of drugs at the source. He also seemed amenable to pass legislation on this issue if it was needed in the future, and in echoes of David Howman’s speech called for a strengthening and harmonisation of clearer doping rules across Europe.
  4. Using intelligence to combat doping in the run up to the Olympic Games. Nicole Sapstead (UK Anti-Doping). This lecture developed the theme from both David Howman and Travis Tygart’s earlier presentations. Somewhat provocatively, the talk opened with the statistic that there were 498 days until London 2012, but 0 days to combat cheats and their entourage! An interesting rhetorical question was whether UKAD had failed if they detected a BALCO-esque scandal just before / during the Games, or whether this in fact represented a success? What was interesting from this presentation was how UKAD collates information, trends and intelligence into a central database in order to analyse doping patterns. Nicole also outlined how UKAD used both a tactical (directly focused) and strategic (wider education) approach to combating drug cheats. She also highlighted the success of the recent anti-doping reporting hotline (run through the independent Crimestoppers): 0800 032 2332 where callers can anonymously pass on information to authorities 24/7 (http://www.ukad.org.uk/news/report-doping-in-sport)
  5. Background to and experience of the [Biological Passport] programme. Michael Ashenden (SIAB Research). This lecture explained how doping cases no longer involved positive tests, but also now involved ‘non-analytical positives’ where other evidence / interviews / suspicions could be considered indicators of guilt. One such area is Biological passports. The passport relies on two cornerstones, the initial software filtering which highlights deviances from the norm, and the subsequent review of this data by a series of experts to rule out pathological or other non-doping factors. The presentation concluded with an exhortation to discover even more markers within the blood to test for in order to block any potential loopholes.
  6. Advancements in the use of biological markers in anti-doping control. Paul Scott (Scott Analytics). This lecture could best be described as a critical analysis of the current biological passport scheme and how it could be improved in the future. Some of the suggestions raised privacy / freedom issues, such as the ability to test at any time of day or night, but this must be balanced against the fact that athletes are not currently tested between 11pm-6am and if they declared their whereabouts for later the following day, it was possible to flush certain substances from their body. Tightening the window for analysis of samples would have financial and complexity implications, but effectively sport needs to decide whether it wanted to prohibit doping or to trade-off lower costs with less reliability. A greater use of “non-starts” rather than full doping violations was also suggested.
  7. Procedural issues in anti-doping proceedings. Antonio Rigozzi (Levy Kaufmann-Kohler). This lecture compared and contrasted the admissibility of evidence under Swiss law and the WADA Code, in particular whether the WADA Code could be supplemented by IBA Rules on evidence (www.ibanet.org). Some doubts still exist over the admissibility of polygraph tests, however there is a suggestion that CAS has applied the criminal rather than civil test and therefore its decision in this area is open to challenge.
  8. Potential civil liabilities arising from doping control. Stephen Sampson (Squire Sanders Hammonds). This lecture explored whether athletes could bring civil claims against an Anti-Doping Organisation (ADO) and/or Governing Body for irregularities or problems with the doping control process. A number of case studies were discussed, as was the position in the event of a material departure from WADA rules, however it was also noted that such an action was very unlikely to succeed, particularly if the ADO / NGB had acted fairly, proportionately and justly in accordance with the rules. Interestingly while the WADA Code has been used as a ‘shield’ to protect athletes from abuse, this proposition envisages it being used as a ‘sword’ to attack for a breach.
  9. Contaminated meat: A threat to athletes subject to doping control. Mike Morgan (Squire Sanders Hammonds). This lecture discussed whether clenbuterol from contaminated meat was behind a string of recent doping results, and if so what could be done about it. Arguably the problem lay both within the agricultural sector in particular countries (Taiwan, China, South Korea and Mexico in particular) [but clenbuterol was not at levels harmful to the health of the general population], and also inconsistencies in the legal treatment of the athletes contaminated by the drug. One interesting argument from the questions was whether meat could be treated along similar lines to supplements? Taken to its logical conclusion, this would suggest that under strict liability, an athlete could be to blame if they didn’t convert to veganism?
  10. The risks – recent experiences of a NADO. Aurora Andruska (ASADA). This session was a multimedia presentation on the recent Australian experience with the supplement Methylhexaneamine.  The presentation also analysed the media reporting of the issue and the subsequent repercussions for the four athletes that tested positive for the substance.
  11. Reducing the risk. David Hall (Informed Sport – HFL), Jeni Pearce (English Institute of Sport, England Cricket), Graham Arthur (UKAD). This final section was less a lecture and more a question and answer session on supplements. Two interesting things came out of this session in particular, the first is that there were two main areas where contamination occurred: Using contaminated raw ingredients; and where third party manufacturers had cross-contaminated the product with a prohibited substance. It was also useful to hear about the current EIS policy on supplements, where athletes can receive specialised nutritional advice, guidance and support for supplement use on condition of signing up to an agreed code of conduct. Importantly, the EIS did emphasise though that this programme was one of risk management and that athletes remained liable for what substances entered their bodies; indeed, it was impossible to test every sample although the EIS could minimise this risk by only using approved suppliers and by keeping a record of what supplement batch was taken in order to trace any contamination.
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Extreme sport is no longer the last refuge of scoundrels

February 16, 2011

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For further proof that extreme sport has gone mainstream, look no further than the Olympics. The Olympics have co-opted subculture sport. No longer the last refuge of scoundrels, extreme sport makes millionaires and Olympians.

Sensing ESPN’s success with their first Winter X-Games which showed that big air meant big money, the International Olympic Committee added snowboarding to the Nagano 1998 Winter Olympic Games, BMX racing to the Beijing 2008 Summer Olympic Games, and ski cross to the Vancouver 2010 Winter Olympic Games.

The IOC is now looking favourably at approving ski and snowboard slopestyle, women’s ski jumping and ski halfpipe at the Sochi 2014 Winter Olympics and kiteboarding at the Rio 2016 Summer Olympics.

In its press release, the Executive Board of the IOC said that the criteria used in recommending these extreme sports for inclusion into the Olympics included whether the changes would increase universality, gender equity and youth appeal, and in general add value to the Games plus the cost of infrastructure, and the impact on the overall quota and the number of events.

Fair enough.

However, the IOC has mandated all international sports federations to re-evaluate the marketability of their events. Christophe Dubi, sports director for the IOC, said, ‘The IOC has moved from using a quantitative list to select events to an overall value-added selection process. The criteria could be provenance or universality. It’s an issue of maximizing the platform we offer at the Olympics.

So there we have it. The IOC’s business model accommodates adding value through the maximizing of revenue streams across multiple media platforms. Perhaps the IOC should add ROI to its Fundamental Principles of Olympism!

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Ambush Marketing: It’s all about perspective

October 5, 2010

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The CMO Council just published an article Kris and I wrote entitled, ‘Ambush Marketing: It’s all about perspective’ in its Doing Away With Foul Play Report. Here are a few excerpts:

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How one sees ambush marketing depends upon the eyes of the beholder. Much like the famous perception test designed by Harvard psychologist Edwin Boring where some viewers see a young woman while others see an old woman, how ambush marketing is viewed depends upon what side of the fence you sit. Some marketers may view it as illegal and unethical, while others see it as a necessary and sufficient practice in an increasingly competitive marketplace.

How marketers and lawyers view ambush marketing is ultimately a matter of perspective. Marketers see opportunity and seek to exploit it, to get as close as possible to the line without crossing it. Lawyers, in turn, are on the lookout for marketing campaigns that get too close to the line. It is the duty of inhouse lawyers to rein in their marketers when they get too close for comfort, and it is the corresponding responsibility of Crown counsel and lawyers for the competition to detect when the ambush marketer crosses the line and is in breach of the law.

Given the complex relationship between marketing and the law, as well as some companies’ preparedness to capitalize upon unauthorized associations with mega-events, it should come as no surprise that some of the world’s largest companies – including Puma, Kodak and Pepsi – have been both on the giving and receiving end of an ambush.

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The full article is here

The link to the full report is http://www.cmocouncil.org/resources/form-foulplay.asp

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Citius, Altius, Fortius, Nationality-ius?

February 26, 2009

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Source: http://sports.theglobeandmail.com/servlet/story/RTGAM.20090220.wsptrow19/GSStory/GlobeSportsOther/?page=rss&id=RTGAM.20090220.wsptrow19

FISA (The International Rowing Federation) has temporarily delayed reviewing the Swiss boat numbers proposal, in favour of debating the issue properly at a congress in September. The Swiss proposal would have limited countries competing in the Olympics to only send a maximum of 10 boats across 14 potential classes.

If FISA were to accept this proposal, this would be another example of positive discrimination and the Olympic competition would cease to be about how fast a boat could go and more about which country it came from. It would also lead to some of the larger countries having to make decisions over which categories they entered competitors into.

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Funding cut announced for 2012 sports

January 29, 2009

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UK Sport has confirmed tonight that a number of sports will receive swinging cuts to their budgets for 2012. The pot of £11.2million will now be shared amongst 8 Olympic sports (Fencing, handball, shooting, table tennis, volleyball/beach volleyball, water polo, weightlifting and wrestling) and 4 Paralympic sports (fencing, goalball, volleyball and wheelchair basketball (women).

“The figure means each sport will receive around a third or a half of the cash they got in the build-up to the 2008 Beijing Games. Money will be paid out up front rather than split annually though in a bid to maximise its impact.”

In particular: “Shooting’s allocation has been slashed by £3.84m, forcing a move from 46 funded athletes to about 10. Water polo has suffered a 50% cut to £1.45m, prompting bosses to warned that the men’s team may be forced to pull out of contention for the 2012 Games.”

Source: http://www.skysports.com/story/0,19528,15234_4871407,00.html; http://www.uksport.gov.uk/news/funding_announcement_january_2008/

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