The paper considers that prior to be recognized in the context of an international sport organization, a national sport association needs to be associated with a State. We assume that despite the efforts made by countries to create international rules that would be binding on sports associations, these associations as components or members of international sport organizations are sometimes also governed by rules which limit their autonomy.
We analyze various possible perceptions for the State in the Statues of international sport organizations and the role and functions of lex sportiva in this respect. Its novelty stems from the consideration of the peculiarities of the international sport organizations’ self-positioning with regard to their members and to the interests of the main players in the world sport.
We underline that a successful international sport organization hinges on the objectives and strategies of the parties involved. The use of sports for purposes of recognition and nonrecognition of a State are examples of compliance and non-compliance, respectively, with the rules of international sport. Each State has various interests creating differing levels of importance that it wishes to promote by supporting sport at the international level. Therefore, we assess the need of perception for the State in the Statutes of international sport organizations that combine in a balanced manner, the national and international interests, materialized at different levels of aggregation and timelines, with the imperatives of promoting sports and enabling international sport organizations’ membership through legitimate representatives.
The paper highlights that the role and legitimacy of international sport organizations depends on the perception for the Sate which would provide continuing and widespread confidence in their institutional structures, governance arrangements, rules and dispute mechanisms. Without a proper perception for the State and the subsequent confidence in international sport organizations, the value of the sports, events, competitions and championships for which the international organizations are responsible may be adversely affected.
The analysis of the perception of the State in the Statutes of international sports organizations starts with the question of what a State is under international law. Many Statutes of international sports organizations emphasize State recognition as a criterion for the admission of a national sports association within their framework. National sports associations can enjoy autonomy and exist as an association per se only if they are attached to a recognized State.
We scrutinize the perception of State in various international sports organizations’ Statutes, such as: the Olympic Charter of the International Olympic Committee, Statutes of the FIFA, Statutes of the International Association of Athletics Federations (IAAF), Statutes of the European Union of Football Associations (UEFA), General Statutes of the International Basketball Federation (FIBA), the Constitution of the International Federation of Swimming (FINA). While some statutes are silent about the perception of the State, others are very explicit. We determine that the practice of international sports organizations varies enormously as to the perception of the State, and therefore of sports associations / federations that can become members of international sports organizations. Does this practice reflect the general international rule?
We emphasize the challenges to achieving common perception for the State in the Statutes of international sport organizations which are complex and difficult but also productive and potentially pragmatic, prompted by the settlement of the dispute between participatory and non-participatory approaches to sports, considered either exclusive or coexisting according to national and international interests, more or less transparent. The paper underlines that the perception for the State in the Statutes of international sport organizations should be observed from both practical and realistic points of view, on short, medium and long term, as the ideal of uniform rules and equalization of the factors pertinent the perception of the State through sports, events, competitions and championships for which the international organizations are responsible are influenced by the multitude of plans and schemes of national and international sport policies.
The paper highlights the choices at the disposal of the international sport organizations’ members due to the sport opportunity costs associated to various strategies and policies. We provide additional information to be taken into consideration by national sport association and/or international sport organizations as they may further proceed towards uniform perception of the State. The paper concludes on the necessity to modify and improve the current situation in order to accomplish an effective, modern, inclusive and ambitious model of Statutes of international sport organizations with a stronger role in promoting sport, boosting international sport cooperation, encouraging and increasing competitions’ participations and contributing to a better representation in the world sport arena.