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Antoine Duval Profile picture
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Mar 9 • 4 tweets • 5 min read
I have a new article out identifying the double (private-public) movement underlying #HRDD and charting some of #Ruggie's ideas and commitments which paved the way for it.

The first 50 copies are freely available at tandfonline.com/doi/epdf/10.10…

#BizHumanRights #UNGPs #DueDiligence
@NadiaBernaz @TaraVanHo @KlaasEller @mouetteobscure @A__Beckers @ioanniskamp @ProfSuryaDeva @VirginieRouas @clairerabright @profsarahj (and hopefully many others), it might be of interest to you and I look forward to your feedback!
Apparently there are some issues with the link to the free copies, don’t hesitate to send me an email (a.duval(at)asser.nl) if you want a copy!
If the link is still not getting you to the free copies, try this one: tandfonline.com/eprint/VVKJUAX…. And if by luck I run out of copies, contact me!

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More from @Ant1Duval

Antoine Duval Profile picture
Mar 10
For EU #Sportslaw geeks, here is my short thread on the Opinion of AG @maciejszpunar and why its most important bit is not in the press release.

#EULaw #UEFA #HomegrownRule #Article165 #FreeMovement #Superleague

👇👇👇
First an element of context, AG Szpunar is not any AG at the Court, but the 'First Advocate General'. His Opinion comes after the much noted and commented Opinion of AG Rantos in the #Superleague case.
The (most) interesting bit of his Opinion in my view relates to the interpretation of Article 165 TFEU and its relationship to the European Sports Model. (See paras 48-55).
Read 13 tweets
Antoine Duval Profile picture
Dec 15, 2022
I read AG Rantos' #SuperLeague Opinion (available at curia.europa.eu/juris/document…) for you and here are my main takeaways 🧵🧵🧵

#Sportslaw #EUlaw #BosmanDay #FIFA #UEFA
It opens with some drama, "the very existence of the organisational structure of the modern game" and "the the future of European football" are at play. (§2)
The first really interesting part of the Opinion concerns the AG's assessment of the relevance of Article 165 TFEU and the European Sports Model in the case (§§27-42).
Read 36 tweets
Antoine Duval Profile picture
Dec 21, 2021
For the first time in its history #CAS publishes an Annual Report and Financial Statements, welcome to the era of (relative) transparency!

[Follow the thread]

#Sportslaw #Arbitration #CAS
1. Unfortunately, the only interesting bits are in the financial statements at the end of the document. Even though they are not going into great details, they are providing interesting information about the economic management of the CAS.
2. Here is how the CAS is financed: 50% contributions from Olympic Movement & FIFA + 50% contributions of the parties to the proceedings (I imagine mostly from transfer related disputes & ordinary arbitration as appeals in disciplinary cases are free).
Read 8 tweets
Antoine Duval Profile picture
Sep 22, 2021
I really enjoyed talking to Noah about the #CAS.

It’s not the first time I’m coming out publicly to challenge the status quo at the CAS (see dailymail.co.uk/sport/sportsne…) and I’d like to explain a bit why.

[Thread] 👇👇👇

#Sportslaw #Arbitration #Transparency #Independence
1. #CAS is a crucial player in sports governance, it whitewashes legally speaking the decisions of international SGBs. Once a CAS award confirmed a decision of an SGB, the latter gains in authority and becomes extremely difficult to challenge elsewhere (see #Pechstein odyssey).
2. #CAS is not an arbitral tribunal, I repeat #CAS is not an arbitral tribunal! As I have argued elsewhere (nomos-elibrary.de/10.5771/978374…), CAS jurisdiction in appeal cases cannot be grounded on consent, it needs post-consensual foundations (such as the famous ‘level playing field’).
Read 21 tweets
Antoine Duval Profile picture
Apr 19, 2021
So much twitter ink has already been spilled on #SuperLeague but let me add my bit.

We are now entering a « drôle de guerre » phase, with both sides digging their trenches and waiting for the actual legal attack.

Meanwhile, here are some of the questions I wonder about [Thread]
1. Has the football pyramid (FIFA, UEFA & co) the power to stop this? If football is only about money for players and clubs of the #Superleague, probably not. If it’s also about people, history, culture, maybe.
2. Will EU law allow the football pyramid to deploy its power? I think it will, this is NOT an ISU situation. The UEFA calendar is at play, solidarity is at play. Players/clubs do not risk their economic livelihood over bans from national leagues/national teams. Big ≠!
Read 6 tweets
Antoine Duval Profile picture
Feb 15, 2020
I spoke to @soenen_florian about the next steps at the #CAS and beyond regarding #ManCityBan.

A short thread to share some of my key points (in English)

#Sportslaw #UEFALaw #FFP
1. This is the beginning of a (potentially decade long) judicial journey, not the end. Yet, the #CAS will decide (this summer?) the fate of #ManCity in the short term (e.g. for the 2020/2021 season).
2. The #CAS is unlikely to find that #FFP is contrary to EU law after its #Galatasaray decision, but it could find that the sanction is disproportionate/unfair if #ManCity’s lawyers manage to show that #PSG was in a similar situation and got away with it.
Read 6 tweets

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