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Evidence in Anti-Doping at the Intersection of Science & Law

Author: Marjolaine Viret

Publisher: Springer

Published: 2015-10-31

Total Pages: 821

ISBN-13: 9462650845

This book is a comprehensive, practice-oriented guide to the evidentiary regime under the 2015 World Anti-Doping Code (WADC) including the functioning of the Athlete Biological Passport. It is the first to show how the interplay between science and law affects the collection and evaluation of evidence in anti-doping, and how paradigm shifts in anti-doping strategies may modify evidentiary assumptions implicit to the WADC regime. Unique in its dealing with the subtleties of anti-doping science and legal implications, the book gives lawyers involved in anti-doping the keys to a better understanding of the science underlying the WADC regime, while providing anti-doping scientists with the first reference material to understand the legal framework in which their activities are embedded. The emphasis of the book is on international doping cases and it relies predominantly on CAS awards published up to Spring 2015. Written by an experienced Swiss lawyer it provides an insight into the Swiss legal system and its importance for the legal practice in doping matters. Marjolaine Viret is an attorney-at-law in Geneva, Switzerland, specialising in sports and health law. She has gained significant experience in sports arbitration as a senior associate in one of Switzerland’s leading law firms. She also holds positions within committees in sport, in particular as a member of the UCI Anti-Doping Commission. Ms Viret had her doctorate on anti-doping approved summa cum laude in 2015. She participates as a researcher in a project for a commentary of the 2015 WADC funded by the National Science Foundation and is regularly invited to lecture or speak in various fields of sports law. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Dave McArdle, Prof. Dr. Ben Van Rompuy and Marco A. van der harst LL.M.

Sport: Law and Practice

Author: Adam Lewis KC

Publisher: Bloomsbury Publishing

Published: 2021-03-15

Total Pages: 3248

ISBN-13: 152650927X

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Sport: Law and Practice, Fourth Edition is the leading legal title covering sports law and practice in the UK, and at the Court of Arbitration for Sport. It serves both as a comprehensive statement of applicable law and precedent, and as a very practical guide to circumnavigating a complex sector. The new edition retains and updates all of the key chapters from previous editions, including the extended sections on challenges to the actions of sports governing bodies, and on anti-doping regulation and enforcement (with an introduction to the new 2021 World Anti-Doping Code). There are important updates to the chapters on Regulating Financial Fair Play, Misconduct, Safeguarding in Sport, the Court of Arbitration for Sport, and Media Rights and Sport. The Fourth Edition also adds brand new chapters dealing with: -Effective sports regulation (including the first ever comprehensive discussions of the 'general principles of law' applied by CAS panels in determining challenges to sports regulations, as well as of the principles of interpretation of sports regulations). -Best practice in sports governance (describing developments such as the strengthening of the competence and independence of boards and the emergence of independent integrity units). -Data protection law and sport (including discussion of the provisions of the Data Protection Act 2018 that facilitate the sharing of personal data by sports bodies for integrity-related purposes). -Exploiting commercially valuable sports data (explaining how sports rights-holders can fashion commercial agreements to meet the demand for sports data from the betting industry and others). -ESports (the first comprehensive treatment of the legal and practical principles underlying the regulation and commercial exploitation of the increasingly important ESports sector). Readers will also benefit from practice tips, precedent clauses, detailed explanations of key practical issues, and step-by-step analysis. This is an essential title for all sports law practitioners (solicitors and barristers, common law and civil lawyers), sports governing bodies, event organisers, clubs, participants, sports agencies and commercial partners, arbitrators, universities, and students.

Yearbook of International Sports Arbitration 2015

Author: Antoine Duval

Publisher: Springer

Published: 2016-10-21

Total Pages: 398

ISBN-13: 9462651299

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The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts in 2015. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the CAS (e.g. the Dutee Chand case) and national courts (e.g. the Pechstein and Wilhelmshaven decision rendered by the OLG München and OLG Bremen in Germany). Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

Sports Investigations Law and the ECHR

Author: Björn Hessert

Publisher: Taylor & Francis

Published: 2023-03-23

Total Pages: 241

ISBN-13: 1000852717

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This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.

Yearbook of International Sports Arbitration 2016

Author: Antoine Duval

Publisher: Springer

Published: 2018-03-15

Total Pages: 427

ISBN-13: 9462652376

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The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of arbitration for Sport (CAS) and national courts in 2016. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

Principles and Practice in EU Sports Law

Author: Stephen Weatherill

Publisher: Oxford University Press

Published: 2017-08-11

Total Pages: 400

ISBN-13: 0192512315

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Principles & Practice in EU Sports Law provides an overview of EU Sports Law. In particular it assesses sporting bodies' claims for legal autonomy from the 'ordinary law' of states and international organisations. Sporting bodies insist on using their expertise to create a set of globally applicable rules which should not be deviated from irrespective of the territory on which they are applied. The application of the lex sportiva, which refers to the conventions that define a sport's operation, is analysed, as well as how this is used in claims for sporting autonomy. The lex sportiva may generate conflicts with a state or international institution such as the European Union, and the motives behind sporting bodies' claims in favour of the lex sportiva's autonomy may be motivated by concern to uphold its integrity or to preserve commercial gain. Stephen Weatherill's text underlines the tense relationship between lex sportiva and national and regional jurisdictions which is exemplified with specific focus on the EU. The development of EU sports law and its controversies are detailed, reinforced by the example of relevant legal principles in the context of the practice of sports law. The intellectual heart of the text endeavours to make a normative assessment of the strength of claims in favour of sporting autonomy, and the comparison between different jurisdictions and sports is evident. Furthermore the enduring dilemma facing sports lawyers running throughout the text is whether sport should be regarded as special, and in turn how (far) its special character should be granted legal recognition.

Sports Law in Trinidad and Tobago

Author: J. Tyrone Marcus

Publisher: Kluwer Law International B.V.

Published: 2019-12-13

Total Pages: 252

ISBN-13: 9403520345

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Trinidad and Tobago deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Trinidad and Tobago will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Doping in Cycling

Author: Bertrand Fincoeur

Publisher: Routledge

Published: 2018-12-20

Total Pages: 274

ISBN-13: 1351103857

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Doping in Cycling: Interdisciplinary Perspectives provides an up-to-date overview of the knowledge about doping and anti-doping in the sport that has dominated doping headlines for at least two decades. It critically addresses overarching questions related to doping and anti-doping, and topical issues being raised in the agenda of policy-makers at the global level. The book features cross-disciplinary contributions from international leading scholars in sports sociology, history, philosophy, psychology and criminology, and even beyond human and social sciences. Split into three parts (the use and supply of doping products; threats on cycling and opportunities for anti-doping; and issues, controversies, and stakes), it covers topics such as changing patterns of drug use in professional cycling, the impact of scientific advances on doping in cycling, whether cycling teams can prevent doping, whistleblowing on doping in cycling, and how to improve the credibility of the sport. This is a vital resource for researchers, students, policy-makers, anti-doping organisations and sports federations, and an important read for anyone involved in elite cycling.

Yearbook of International Sports Arbitration 2018–2020

Author: Antoine Duval

Publisher: Springer Nature

Published: 2023-09-23

Total Pages: 387

ISBN-13: 9462655111

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The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS), and national courts significant international and domestic between 2018-2020. It is a must-have for sports lawyers, arbitrators, and researchers engaged in this field. From the ECtHR's landmark ruling in the Mutu & Pechstein case, through the Russian doping scandal, to the first Sun Yang award, it features in-depth articles on important issues raised by international sports arbitration, as well as independent commentaries by academics and practitioners on the most significant international and domestic decisions rendered in the period under review. Dr. Antoine Duval is Senior Researcher at the T.M.C. Asser Instituut in The Hague and heads the Asser International Sports Law Centre. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

Towards a Social Science of Drugs in Sport

Author: Jason Mazanov

Publisher: Routledge

Published: 2013-09-13

Total Pages: 177

ISBN-13: 1317984544

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The debate around the role of drugs in sport is vibrant. There is a wealth of evidence from the hard end of science, telling us how drugs work, how drug testing works, and how many athletes have fallen foul of the system. The evidence from social science is still building momentum. For example, what makes an athlete use a performance enhancing substance? "To win" simply fails to explain the drug use behaviour we see among athletes. This book provides a foundation for anyone trying to understand the drugs in sport problem beyond the hard science by looking at the "people factor" from different perspectives. After building a case for the social science of drugs in sport, it is examined from the ethical, sociological, economic, legal and psychological points of view. The book concludes with a definitive statement about what researchers, policy makers, sports administrators, athletes and fans can do to achieve a social science of drugs in sport that puts people firmly in the centre of the debate. This volume was published as a special issue of Sport in Society.