National and Naturalizations in International Sports Law: Sports Federations as Gatekeepers

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Abstract

The institutional rules of International Sports Federations (" IFs") and the International Olympic Committee (" IOC") concerning nationality and its transfer therein are regulated by the Nottebohm safeguard, which requires the conferral of nationality under domestic laws to be consistent with international law for the conferral to be valid in the international legal sphere. The international sporting arenas qualify as international legal space, but the compatibility of naturalization laws with this legal space is regulated and enforced not by states, but by non-state entities, namely IFs and the IOC. These institutional rules possess a normative character because the pertinent stakeholders consent to them by contract, which in turn provides for the jurisdiction of internal quasi-judicial determination and ultimately gives rise to arbitral awards (as a form of ultimate appeal) to the Court of Arbitration for Sport (" CAS"). The key provision …
Original languageEnglish
JournalCardozo International & Comparative Law Review
Volume7
Publication statusPublished - 17 Oct 2024

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