By Paul David
"Doping is the largest challenge dealing with activity. the realm Anti-Doping Code has been followed by means of carrying agencies 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 led to nice alterations in activities legislations. This booklet presents a advisor to the Code, illustrated via summaries of selections by way of 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 function of the courtroom of Arbitration for recreation --
Overview of the Code and the area Anti-Doping software --
The foreign 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 below the Code --
Article three of the Code : the evidence 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 less than the Code --
Challenges to the Code within the courts --
The approach forward : the 2009 Code.
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Extra resources for A guide to the World Anti-Doping Code : a fight for the spirit of sport
It has even been argued that it is an excessive restraint of trade. The Panel is unconvinced by such objections and considers that in principle the high objectives and practical necessities of the fight against doping amply justify the application of a strict liability standard. But if such a standard is to be applied, it must be clearly articulated. This is where we reach the heart of the problem of this case. The award also refers to some further points of importance in doping matters. It was argued that the provisions for testing procedures were not properly followed as required by the IOC Charter which was applicable at the time.
FINA, 31 March 1999, 2nd Civil Division of Swiss Federal Tribunal, where an appeal against a CAS award by four Chinese swimmers was dismissed on the grounds that the principle of strict liability with the shifting of the onus to the athlete could not be said to infringe the fundamental principles of Swiss law and gave grounds to set aside the CAS award on the ground that it was contrary to public policy. For a summary of the decision, see Chapter 10, pages 233–4 below. 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 29 Drug turned out to contain ephedrine which was a banned substance.
The advisory opinion sought by FIFA and WADA in relation to questions concerning the compatibility of certain provisions of the WADA Code with fundamental principles of Swiss law. See Chapter 10, page 226 below. Where the arbitration relates to a decision made by the IOC, an NOC or the international federation or the organising committee of the Games, the claimant has to exhaust internal remedies, unless the time required for this would make the CAS appeal ineffective. 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.
A guide to the World Anti-Doping Code : a fight for the spirit of sport by Paul David