Download A guide to the World Anti-Doping Code : a fight for the by Paul David PDF

By Paul David

ISBN-10: 0511435568

ISBN-13: 9780511435560

ISBN-10: 0521873002

ISBN-13: 9780521873000

"Doping is the most important challenge dealing with activity. the realm Anti-Doping Code has been followed via wearing companies all over the world at either nationwide and foreign degrees to supply a constant and harmonised method of anti-doping measures. The adoption of the Code, and its interpretation and alertness by way of the courtroom of Arbitration for game, have caused nice adjustments in activities legislation. This booklet offers a consultant to the Code, illustrated via summaries of choices through the court docket of Arbitration for recreation and national-level tribunals which exhibit the Code in operation."--BOOK JACKET.  Read more...
The improvement of ideas on the subject of anti-doping regimes : the position of the courtroom of Arbitration for activity --
Overview of the Code and the area Anti-Doping application --
The overseas criteria in additional aspect --
The nature of the Code and its interpretation and alertness --
Articles 1 and a couple of of the Code : anti-doping rule violations less than the Code --
Article three of the Code : the facts of anti-doping rule violations less than the Code --
Responsibility for checking out and investigations, effects administration, and hearings --
Sanctions for anti-doping rule violations : Articles nine and 10 of the Code --
Article thirteen : appeals lower than the Code --
Challenges to the Code within the courts --
The manner forward : the 2009 Code.

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Extra info for A guide to the World Anti-Doping Code : a fight for the spirit of sport

Example text

International Equestrian Federation, Award of 25 September 1998, CAS Digest II, page 197 CAS Panel found that, in every case, where it is alleged there had been departures from procedures it was important to study the facts. If the Panel is satisfied that the sample tested came from the person or horse in question, and that the chain of custody is established, that no question of contamination arises, that the equipment used to test was appropriate and the results were correctly interpreted, then it should not be deterred from upholding a verdict as to the presence of a prohibited substance merely because some departure from procedure may be proven, still less because of matters irrelevant to the validity of the test.

This question had to be approached by asking whether such a material affect on the reliability of the test was a reasonable conclusion to draw from the failures established. 33  There was no need for the IOC, or any other party bringing an antidoping allegation, to prove either that the athlete intended to cheat, or was at fault, in order to establish the offence of doping. If the athlete was found to have a prohibited substance in his or her system, then a violation was established and the athlete had to be disqualified from the competition in which the test took place.

The following four pre-Code decisions illustrate differing approaches to the level of sanctions in anti-doping regimes established by differing international federations, conflict between approaches in tribunals at national and international level, and different approaches by CAS Panels to the question of whether a fixed sanction could be reduced to ensure that the period of ineligibility was a proportionate response to the fault of the athlete or otherwise. Before the Code there were, perhaps, more CAS awards where Panels, when faced with possible grounds on which to reduce a fixed sanction, decided that CAS had a discretion to reduce the period of fixed ineligibility, than awards where Panels applied a fixed sanction contained in the relevant international federation rules or policy, where the sanction could be seen as imposing a disproportionate penalty.

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