Administrative Law

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

By Paul David

"Doping is the largest challenge dealing with recreation. the area Anti-Doping Code has been followed via carrying firms around the globe at either nationwide and overseas degrees to supply a constant and harmonised method of anti-doping measures. The adoption of the Code, and its interpretation and alertness by means of the courtroom of Arbitration for recreation, have led to nice alterations in activities legislation. This ebook presents a advisor to the Code, illustrated via summaries of choices by means 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 function of the court docket of Arbitration for activity --
Overview of the Code and the realm Anti-Doping software --
The foreign criteria in additional element --
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 lower than 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 approach forward : the 2009 Code.

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

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It is hard to imagine that they would have felt able to endorse the judicial powers of the CAS so resoundingly if they had thought that it was controlled by the IOC. To conclude it is clear that the CAS is sufficiently independent vis- a`-vis the IOC as well as other parties that call upon its services, for decisions in cases involving the IOC to be considered true awards, equivalent to the judgments of State Courts. [emphasis added] Code for sports-related arbitration CAS functions under a Code for Sports Related Arbitration (‘CAS Procedural Rules’) which was last amended in 2004.

6 As noted, the definitions in the Appendix to the Code are an important part of the Code and are ‘core’ provisions which Signatories have to adopt verbatim in their antidoping policies. 7 To date, while the Code contains a wide range of 4 5 6 7 This commitment will now be reflected by ratifying the UNESCO Doping Convention. This process has now produced the 2009 Code. See further Chapter 11 below. See Article 24, which is discussed in Chapter 4 below on the interpretation of the Code. The International Standard for the Prohibited List, the International Standard for Therapeutic Use Exemptions, the International Standard for Testing and the International Standard for Laboratories.

Under the relevant international federation rules, the period of suspension should have been two years. IOC sought to exclude P from Games after he had been selected by his NOC. CAS held that, once P had been dealt with by his international federation and had completed the ban, he had a 41 Contrast CAS 2002/A/399, P v. FINA, Award of 31 January 2003, where the CAS Panel found that a four-and-a-half-year ban under the applicable FINA rules was proportionate. 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 39 legitimate expectation that he would be able to compete freely in all competitions open to him.

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