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Richard Parrish

This chapter outlines the legal context of sports relationship with the European Union (EU). The European Court of Justice (ECJ) rulings for Bruno Walrave, Gaetano Donà, George Heylens, Bosman, Christelle Deliège and Jyri Lehtonen receive particular attention. The ECJ has clearly established that sport is subject to EU law in so far as it constitutes an economic activity within the meaning of Article 2 of the Treaty. Article 39 covers the activities of private sports associations. The European Commission's attitude towards discriminatory practises in sport was somewhat contradictory. Article 39 covers any rules aimed at regulating employment in a collective manner. Sport is clearly subject to EU law and Article 39 is horizontally directly effective. Walrave and Donà served to widen the scope of the Treaty and afford greater protection to workers. Sport was transferred through a legal/regulatory venue involving a close relationship between the ECJ and the Commission.

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Richard Parrish

This chapter explores the relationship between sport and European Union (EU) competition law. Article 82 provides guidance as to the types of agreement that might be considered abusive. Collective selling in sport has only recently been addressed by the Commission of the European Communities. The significance of the Commission's approach lies in their willingness to acknowledge the specificity of sport. Ticketing arrangements for major sporting events arguably falls between the exploitation market and the contest market. EU law goes some way to protect the right of free movement for players in the EU. Despite the split that emerged between FIFA, UEFA and FIFPro, the Nice Declaration offered football's governing bodies an ideal opportunity to secure a favourable settlement with the Commission. The use of soft law poses some important questions for sports relationship with the EU. The soft law sporting principles contained with the separate territories approach are legally fragile.

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Richard Parrish

This chapter examines the political context of sports relationship with the European Union (EU). The 1994 Larive report links the active or passive participation in sport with the social and cultural identity of people. The Pack report reflects the more socio-cultural tendencies within the Parliament. The Television Without Frontiers (TWF) Directive goes against a trend in European sport favouring a free market in broadcasting. The Amsterdam Declaration added impetus to the socio-cultural agenda whilst equipping them with an additional institutional venue to exploit. The Helsinki report represents a continuation of Parliamentary thinking regarding the importance of extending the right of free movement to all EU citizens. Policy change is evident within the sports policy subsystem. The regulation of sport in the EU has been politicised. The European Court of Justice (ECJ) rulings/decisions are significant in that they mark the birth of an area of EU law called ‘EU sports law’.

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Richard Parrish

The defining characteristic of European Union (EU) sports policy is the construction of a discrete area of EU sports law. EU sports law extends beyond the mere application of law to sport, to the construction of a legal approach for dealing with sports disputes which allows both the EU's regulatory and political policy objectives for sport to co-exist within the EU sports policy framework. The emergence of a coordinated EU sports policy held together by a discrete area of sports law is a new development in the EU. The sports policy subsystem is composed of two advocacy coalitions: Single Market coalition and socio-cultural coalition. The construction of the separate territories approach for dealing with legal disputes involving sport is the defining characteristic of coordinated sports policy. The future debate on the relationship between sport and the EU will be dominated by the issues of sports law and doping.

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Richard Parrish

This chapter explores the future of European Union (EU) sports law and policy. The Bosman ruling led to the creation of the sports policy subsystem. A system of law governing the practice of sport is emerging in the EU of which the use of soft law is a particular feature. For the Single Market coalition, soft law does not legally challenge entrenched Treaty principles. For the socio-cultural coalition, soft law, although less satisfactory, allows for the construction of the separate territories approach which can safeguard sports autonomy. The future of sports law and policy is likely to be influenced by developments external and internal to the EU. The Single Market coalition and the socio-cultural coalition possess the institutional resources to undermine each other's deep and policy core belief systems. Sport should recognise that the EU is remarkably receptive to claims of special treatment.

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Richard Parrish

The current legal interventions in sport balance the European Union (EU)'s regulatory and political policy interests in sport. EU sports law is a product of the EU's sports policy. The juridification of sport accelerated interest in the idea of sport and the law as an area of legal study. The EU emerged as the key new regulatory actor. The commercialisation of sport in Europe was an essential pre-requisite for international juridification. EU sports law was born out of the post-Bosman political discussions on the future of sport in the EU. The Single Market advocacy coalition pursues a regulatory policy interest in sport. Sport should be treated differently to other economic sectors before the law. The development of sports law is an approach favoured by both coalitions as it allows them to protect their fundamental belief systems.

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Tadesse Simie Metekia

Atrocities that befell Ethiopia during the Dergue regime (1974–91) targeted both the living and the dead. The dead were in fact at the centre of the Dergue’s violence. Not only did the regime violate the corpses of its victims, but it used them as a means to perpetrate violence against the living, the complexity of which requires a critical investigation. This article aims at establishing, from the study of Ethiopian law and practice, the factual and legal issues pertinent to the Dergue’s violence involving the dead. It also examines the efforts made to establish the truth about this particular form of violence as well as the manner in which those responsible for it were prosecuted and eventually punished.

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Edward Bacal

I focus on two contemporary art installations in which Teresa Margolles employs water used to wash corpses during autopsies. By running this water through a fog machine or through air conditioners, these works incorporate bodily matter but refuse to depict, identify or locate anybody (or any body) within it. Rather, Margolles creates abstract works in which physical limits – whether of bodies or of art works – dissolve into a state of indeterminacy. With that pervasive distribution of corporeal matter, Margolles charts the dissolution of the social, political and spatial borders that contain death from the public sphere. In discussing these works, I consider Margolles’ practice in relation to the social and aesthetic function of the morgue. Specifically, I consider how Margolles turns the morgue inside out, opening it upon the city in order to explore the inoperative distinctions between spaces of sociality and those of death. In turn, I consider how Margolles places viewers in uneasy proximity to mortality, bodily abjection and violence in order to illustrate the social, political and aesthetic conditions by which bodies become unidentifiable. I ultimately argue that her aesthetic strategies match her ethical aspirations to reconsider relations to death, violence and loss within the social realm.

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John Harries, Linda Fibiger, Joan Smith, Tal Adler and Anna Szöke

This article will query the ethics of making and displaying photographs of human remains. In particular, we will focus on the role of photography in constituting human remains as specimens, and the centrality of the creation and circulation of photographic images to the work of physical anthropology and bioarchaeology. This work has increasingly become the object of ethical scrutiny, particularly in the context of a (post)colonial politics of recognition in which indigenous people seek to recover dominion over their looted material heritage, including the remains of their dead. This ethical concern extends to the question of how and under what circumstances we may display photographs of human remains. Moreover, this is not just a matter of whether and when we should or should not show photographs of the remains of the dead. It is a question of how these images are composed and produced. Our discussion of the ethics of the image is, therefore, indivisible from a consideration of the socio-technical process by which the photographic image is produced, circulated and consumed.

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Caroline Fournet, Élisabeth Anstett and Jean-Marc Dreyfus