Red Card Racism: Using the Court of Arbitration for Sport (CAS) to Prevent and Punish Racist Conduct Perpetrated by Fans Attending European Soccer Games

Authors

Alexander Wynn, Benjamin N. Cardozo School of Law

Abstract

This Note proceeds in three sections. Part I describes the extent to which racism infects European soccer, the processes by which Uefa addresses violations of the Uefa Statutes and CAS' contributions to sports mediation and arbitration. Part II contextualizes Uefa's governing authority within statutory and case law from the E.U. and the United Kingdom [hereinafter "U.K."] as legal frameworks through which to explore possible reasons why Uefa rarely imposes substantial sanctions on member associations or teams whose fans perpetrate racist acts. Finally, Part III explores the reasons why CAS is better able to address and punish racism in European soccer than Uefa's adjudicative organs. Each section will serve to support the argument that mediation and arbitration are better adapted to addressing racism in European soccer because 1) both forms of ADR are suited to resolving disputes between parties who are likely to be involved in repeat transactions in the future and 2) neither mediation nor arbitration yields binding precedent and thus both methods possess inherent flexibility with respect to the spectrum of possible outcomes.

Disciplines

Civil Rights and Discrimination | Comparative and Foreign Law | Dispute Resolution and Arbitration | Entertainment, Arts, and Sports Law | International Law | Law | Law and Race

Recommended Citation

Alexander Wynn, Red Card Racism: Using the Court of Arbitration for Sport (CAS) to Prevent and Punish Racist Conduct Perpetrated by Fans Attending European Soccer Games, 13 Cardozo J. Conflict Resol. 313 (2011).
Available at: https://larc.cardozo.yu.edu/cjcr/vol13/iss1/13