12 Oct 2021

The Faculty of Law, University of Karbala, discussed a master’s thesis tagged “conflict of laws arising from a sports injury”, a comparative study. The message was submitted by the student Abdullah Abdul Razzaq Abdul Muttalib.
The study showed that the sports injury was not disputed until after it became cross-border workmanship and the legal position of the athlete became different from the legal position of the national and outweighs the legal position of any other foreigner.
The study aimed to analyze the problem of inconsistency in the claims of the opponents or doubt in the legal rule or the legal position that requires the judge before the dispute to refer the dispute to the right direction through the rules of resolution called the rules of attribution. However, the traditional and objective rules of attribution alone are not capable of resolving the conflict arising from a sports injury, since the international sports regulations FIFA prohibits those who claim it from continental or national federations or players from resorting to the ordinary national judiciary to protect the athlete until he finds a party to resolve the conflict with technical knowledge of the origins and rules of each game.
The study concluded that adopting a sports injury is a work injury of a special nature and that the idea of ​​accepting risks does not absolve the offender from responsibility at all, but rather is responsible for the harmful act whenever it is contrary to the rules of each game or committed a deliberate or serious mistake.
We found that non-governmental entities (FIFA) are able to make law with the power of enforcement and binding, which is equal to the ability of states to make law and even exceeded it by preventing those who claim it from resorting to the ordinary national judiciary.
The study recommended the necessity of activating the text for the establishment of the Settlement and Arbitration Center included in the Iraqi Olympic Committee Law No. 29 of 2019 and calling on the Iraqi Football Association and the National Olympic Committee not to ratify the athletes’ contracts unless they present the sports insurance policy. We also suggest working to establish a highly professional sports hospital Take strict penalties by national or international sports federations against reckless play.

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