Rights and wrongs of and about nationality in sports competition

Abstract

The determination of nationality is an essential prerequisite of an athlete’s eligibility to join a national team in international sports competitions. Normally, the regulations of sports associations, subject to the requirements of domestic law, supply the accepted definition of nationality. Provisions of international law and practice, however, may in certain circumstances apply to athletes as well. This chapter examines pertinent issues concerning the determination of the nationality of athletes, such as the growing practice of country swapping and ‘quickie citizenships’ in the international sports arena. Despite substantial litigation and arbitration of nationality issues, the trend in international sports law is toward relaxing both durational residency requirements and the traditional objection to dual nationality. It is argued that the resulting opportunities for athletes and athlete-investing countries overshadow concerns about commodification of acquired athletes or confusion about national identity.