International Investment Law, Trade in Services and Customs: Legislative Strategies for States Hosting International Competitive Events

Abstract

Any nation hosting a mega sports event faces an onerous and pressing legislative task with an inflexible deadline to introduce or amend essential legislation in order to accommodate the many demands of the event. The requirements of international investors and the laws governing trade in services all need due consideration prior to the execution of such an event. Never before have the demands of legislative reform been more pressing than on the State of Qatar in its mammoth efforts to host the 2022 FIFA World Cup QatarTM, with a 2017 deadline to do so. The demands on a host nation to enact adequate Enabling Legislation adequate to deliver a mega sporting event are so significant and require such accuracy that before even considering what type of legislation should be passed, lawmakers must strategize as to their method of enacting wide-ranging, reformist and potentially contentious legislation. In the context of the FIFA World Cup Qatar and other mega sporting events, this article evaluates the variety of possible legislative strategies for enacting the legal reforms required to host such an event. It does this by considering how previous tournament hosts, including South Africa, Russia and Brazil have undertaken this, as well as how London managed with the Olympic games. It then considers how best these laws can be passed to include also laws that would leave a positive legacy for the host nation. Finally it considers how the use of emergency legislation could have a detrimental affect on the host nation, and warns against overruling certain constitutional freedoms and rights.