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

By Paul David

"Doping is the most important challenge dealing with activity. the area Anti-Doping Code has been followed by means of carrying organizations all over the world 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 via the courtroom of Arbitration for recreation, have led to nice alterations in activities legislation. This booklet presents a advisor to the Code, illustrated via summaries of choices via the courtroom of Arbitration for activity and national-level tribunals which express the Code in operation."--BOOK JACKET.  Read more...
The improvement of rules when it comes to anti-doping regimes : the position of the courtroom of Arbitration for game --
Overview of the Code and the realm Anti-Doping software --
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 lower 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 below 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

Sample text

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. g. CAS 2000/A/312, L v. FILA, Award of 22 October 2001, CAS Digest III, 2001–2003, p. 148, where a CAS Panel found it just and equitable to reduce a two-year suspension to one year where a wrestler had inadvertently consumed nandrolone precursors in a food supplement.

A complete investigation by an appeal authority which has full power to hear the case remedies the flaws in the procedure at first instance such as the violation of the right to a hearing. Appellant challenged whether the analysis supported the finding that there was a prohibited substance. This turned on analysing the approach in relation to testing for levels of nandrolone. CAS held that the evidence supported the finding that a prohibited substance was in the appellant’s body and that it had not been produced naturally.

The Panel believes that the different sports rules on sanctions and doping cases should make allowance for an appreciation of the subjective elements in each case for it is, indeed, the task of the sports authorities to establish the guilt of an athlete in order to fix a just and equitable sanction. Such flexibility is, moreover, also advocated by the IOC . . The principle of presumption of the athlete’s guilt may remain but . . the athlete must have the possibility of shifting the burden of proof by providing exculpatory evidence.

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