Administrative Law

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 recreation. the realm Anti-Doping Code has been followed by way of wearing organizations all over the world at either nationwide and overseas point 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, has led to nice alterations in activities legislations. This booklet offers a consultant to the Code, illustrated via summaries of selections by means of the courtroom of Arbitration for activity and nationwide point tribunals which exhibit the Code in operation. it's going to support all these inquisitive about activity, even if as directors, coaches or gamers, including those that recommend within the quarter and people attracted to the operation of the present anti-doping regime. The publication additionally explains the Amendments to the Code agreed in 2007 that are scheduled to come back into strength by way of January 2009.

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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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In the doping context, strict liability meant that the initial burden of proving the presence of a prohibited substance in the body of the athlete fell on the organisations bringing the allegation, whether international federations or the IOC or other organisations. The presence of a prohibited substance was a matter which had to be considered and determined objectively on the results of the testing process. If the organisation bringing the allegation discharged this burden, the principle of strict liability created a presumption that a doping offence had been committed (provided the provisions of the relevant antidoping regime were adequately drafted to achieve this29).

The Panel found that suspension from 28 January 1995 to 12 March 1996 sufficient. The case is an example of CAS adopting a flexible approach to the imposition of sanctions. 38 Pre-Code CAS awards: CAS reviewing fixed sanctions in anti-doping policies Arbitration CAS 95/150, V v. FINA, Award of 28 June 1996 Swimmer R takes headache tablet given to her by her coach V. The tablet contains banned substance. Coach did not check. R competed. R was warned by FINA with no further sanction. V found to have acted ‘recklessly’ and suspended (after consideration by FINA) for one year.

CAS 2001/A/337, B v. FINA, Award of 22 March 2002, CAS Digest III, page 206 B, a New Zealand swimmer, was tested by the New Zealand Sports Drug Agency, the national anti-doping organisation (NADO) established by legislation, under the national rules which bound B as a member of New Zealand Swimming. The ‘A’ and ‘B’ samples were found to contain 19-norandrosterone. An appeal was available to the athlete before the New Zealand courts under the statutory regime. A determination by the NADO that a doping infraction had been committed was ultimately set aside by the New Zealand Court of Appeal, on the grounds that there had been a delay in the transportation of the samples to the testing laboratory.

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