Read e-book online A guide to the World Anti-Doping Code : a fight for the PDF

By Paul David

ISBN-10: 0511435568

ISBN-13: 9780511435560

ISBN-10: 0521873002

ISBN-13: 9780521873000

"Doping is the most important challenge dealing with recreation. the area Anti-Doping Code has been followed by means of carrying businesses around the globe 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 via the court docket of Arbitration for game, have caused nice adjustments in activities legislations. This ebook offers a consultant to the Code, illustrated via summaries of selections by way of the courtroom of Arbitration for game and national-level tribunals which convey the Code in operation."--BOOK JACKET.  Read more...
The improvement of ideas in terms of anti-doping regimes : the position of the courtroom of Arbitration for recreation --
Overview of the Code and the area Anti-Doping software --
The overseas criteria in additional aspect --
The nature of the Code and its interpretation and alertness --
Articles 1 and a pair of of the Code : anti-doping rule violations less than the Code --
Article three of the Code : the facts of anti-doping rule violations below the Code --
Responsibility for trying 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 method forward : the 2009 Code.

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

Sample text

Outline of CAS Procedural Rules General rules The CAS Procedural Rules contain general provisions which apply to all arbitrations, and specific provisions which apply to the Ordinary d ev e l o p m e n t of p r i n c i p l e s fo r a n t i - d o p i n g r e g i m e s 21 Arbitration Division and the Appeals Arbitration Division. The principal features of the general rules are:  The Rules apply where the parties have agreed to refer a sports-related dispute to CAS, whether by an arbitration clause inserted into a contract, or, where there is an appeal against a decision by a sports-related body, where the rules of the body provide for an appeal to CAS.

An Ad Hoc Division of CAS has been convened for the Summer Olympic Games since 1996, for the Winter Games since 1998, for the Commonwealth Games in Melbourne and for the European soccer championships in 2004. For a description of the operation of the Ad Hoc Division at the Sydney Olympics 2000, see Gabrielle Kaufmann-Kohler, Arbitration at the Olympics: Issues of Fast-Track Disputes Resolution and Sports Law (Kluwer Law International, 2001). 24 a g u id e to t he worl d an t i- d o pi n g cod e CAS Rules: particular aspects of appeals in doping matters under the Code The procedural rules which govern CAS are of great importance in the context of the Code because CAS has exclusive jurisdiction over appeals by international athletes in relation to decisions under the Code, and may be chosen as either a first-instance or appeal tribunal for hearings concerning national level athletes under the Code.

The athlete must have the possibility of shifting the burden of proof by providing exculpatory evidence. The Panel believes that a fixed rate system governing sanctions in doping cases is not desirable and the more flexible system, which provides a sliding scale of suspension periods depending on the level of fault of the athlete, is preferable. [Emphasis added] The Panel found that the penalty was not in proportion to the circumstances of the case given ‘the excellent morality and earlier conduct of C in general’.

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A guide to the World Anti-Doping Code : a fight for the spirit of sport by Paul David


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