Towards a Sporting Nationality?

Abstract

Introducing a ‘sporting nationality’ that is completely independent of the standard legal nationality linking individuals to a state is neither feasible nor desirable, as the term nationality and its connotations are broader than the mere sporting context. Since the literature on sport law (lex sportiva) is not clear about the differences and similarities between sporting nationality and standard legal nationality, the concept of sporting nationality remains vague. This article argues that nationality should remain the underlying tie between athletes and their country of representation. Instead of introducing a sporting nationality, the recommendation is to establish a uniform set of rules that provides athletes with a ‘sporting license’ of the country of which they are nationals. This avoids confusion as to whether a sporting nationality entails some of the rights and duties traditionally linked to the concept of nationality.