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The Strict Liability Principles and the Human Rights of Athletes in Doping Cases

Author: Janwillem Soek

Publisher: T.M.C. Asser Press

Published: 2006-08-24

Total Pages: 478

ISBN-13: 9789067042260

This book deals with the legal position of the athlete in doping cases under the law of the regulations of national and international sports federations and how this legal position can be reinforced. According to the rules of the sports organizations applicable to doping offences, where prohibited substances are found in an athlete's bodily fluids the athlete in question is strictly liable for a doping offence. Analyzing the nature of doping offences, the author puts forward arguments in favour of the application of the rights of the defence as laid down in the ECHR in disciplinary doping proceedings. In his argumentation he also addresses the procedural system of sanctions and the practical and economic consequences the sanctions may have for the athlete concerned. This will be a welcome addition to the literature and the continuing debate on doping in sport, which is a matter of great concern to many interested parties.

The Strict Liability Principles and the Human Rights of Athletes in Doping Cases

Author: Janwillem Soek

Publisher: T.M.C. Asser Press

Published: 2011-07-20

Total Pages: 478

ISBN-13: 9789067046688

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The Strict Liability Principles and the Human Rights of Athletes in Doping Cases

Author: Janwillem Soek

Publisher: T.M.C. Asser Press

Published: 2006

Total Pages: 0

ISBN-13: 9789067046671

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With a Foreword by Hein Verbruggen, UCI Honorary President for life and IOC Member This book deals with the legal position of the athlete in doping cases under the law of the regulations of national and international sports federations and how this legal position can be reinforced. According to the rules of the sports organizations applicable to doping offences, where prohibited substances are found in athlete’s bodily fluids the athlete in question is strictly liable for a doping offence. In the disciplinary procedure there is no discussion about his guilt and the athlete is not given an opportunity to disprove his guilt. One of the starting points of the European Convention of Human Rights (ECHR) is that suspects are not guilty until their guilt has been proven conclusively based on the law, which includes the right of defence. The author analyzes the nature of doping offences and puts forward arguments in favour of the application of the rights of the defence as laid down in the ECHR in disciplinary doping proceedings. In his argumentation he also addresses the procedural system of sanctions and the practical and economic consequences the sanctions may have for the athlete concerned. As not only the athlete himself, but also sports clubs and sponsors may suffer serious damage from such sanctions, this book on the strict liability principle will be of great interest to practitioners and academics in more than one field of law. Moreover, it will be a welcome addition to the literature and the continuing debate on doping in sport, which is a matter of great concern to many interested parties. Janwillem Soek is a senior researcher at the ASSER International Sports Law Centre, The Hague, The Netherlands.

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

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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.

Routledge Handbook of Drugs and Sport

Author: Verner Møller

Publisher: Routledge

Published: 2015-06-19

Total Pages: 478

ISBN-13: 1134464053

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Doping has become one of the most important and high-profile issues in contemporary sport. Shocking cases such as that of Lance Armstrong and the US Postal cycling team have exposed the complicated relationships between athletes, teams, physicians, sports governing bodies, drugs providers, and judicial systems, all locked in a constant struggle for competitive advantage. The Routledge Handbook of Drugs and Sport is simply the most comprehensive and authoritative survey of social scientific research on this hugely important issue ever to be published. It presents an overview of key topics, problems, ideas, concepts and cases across seven thematic sections, which include chapters addressing: The history of doping in sport Philosophical approaches to understanding doping The development of anti-doping policy Studies of doping in seven major sports, including athletics, cycling, baseball and soccer In-depth analysis of four of the most prominent doping scandals in history, namely Ben Johnson, institutionalized doping in the former GDR, the 1998 Tour de France and Lance Armstrong WADA and the national anti-doping organizations Key contemporary debates around strict liability, the criminalization of doping, and zero tolerance versus harm reduction Doping outside of elite sport, in gyms, the military and the police. With contributions from many of the world’s leading researchers into drugs and sport, this book is the perfect starting point for any advanced student, researcher, policy maker, coach or administrator looking to develop their understanding of an issue that has had, and will continue to have, a profound impact on the development of sport.

Sport, Ethics and Philosophy

Author: Mike McNamee

Publisher: Routledge

Published: 2018-10-19

Total Pages: 158

ISBN-13: 1351585649

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This book represents a bold statement concerning the excitement and energy of the field of sports ethics and philosophy in contemporary terms. It is comprised of a collection of commissioned essays from the leading international scholars in the field to celebrate the ten year editorship of Mike McNamee for the journal: Sport, Ethics and Philosophy. The collection includes essays familiar sport philosophers on work about the nature and nuances of sports and games playing, winning and losing, role models and strategic fouling. It also celebrates in phenomenological terms the complex and heterogeneous experience and values of sports in both phenomenological and analytic modes. Finally, it addresses the most serious threats to sport integrity and governance, in the shape of doping, and the unchecked power of sports institutions, and the charisma of sport that is at the mercy of commercialism. This book was originally published as a special issue of Sport, Ethics and Philosophy.

Acute Topics in Anti-Doping

Author: O. Rabin

Publisher: Karger Medical and Scientific Publishers

Published: 2017-06-02

Total Pages: 206

ISBN-13: 3318060445

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Doping represents the dark side of amateur and professional sports – in order to protect athletes around the globe, anti-doping rules are continuously revised and improved. This publication reviews the current regulatory framework, scientific aspects, future approaches, and social and ethical dimensions of the fight against doping in sport. Prominent experts on the implementation of anti-doping strategies, as well as leading researchers in science and medicine, have contributed to this publication. In keeping with its interdisciplinary origin, the book is intended for athletes, coaches, students, scientists, anti-doping officials, and all others interested in anti-doping and sports. Ranging from legal and educational to scientific and medical issues, this collection emphasizes the need for a multidisciplinary approach and the importance of preventative strategies in the fight against doping in sports.

A Guide to the World Anti-Doping Code

Author: Paul David

Publisher: Cambridge University Press

Published: 2013-01-17

Total Pages: 415

ISBN-13: 1139619306

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The laws relating to anti-doping change rapidly, and the World Anti-Doping Code has been at the centre of significant developments in this area over the last ten years. Since the first edition of this guide, the amended 2009 Code has come into effect and been applied in various decisions before national sporting tribunals and the Court of Arbitration for Sport. This second edition covers the significant changes introduced by the 2009 Code. More than forty summaries of recent cases illustrate the operation of the key provisions of the 2009 Code, in particular the articles relating to anti-doping rule violations and sanctions.

Lex Sportiva: What is Sports Law?

Author: Robert C.R. Siekmann

Publisher: Springer Science & Business Media

Published: 2012-01-19

Total Pages: 402

ISBN-13: 9067048291

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The important theme “What is Sports Law?” was the topic of the international Conference on “The Concept of Lex Sportiva Revisited”, which took place in Jakarta in late 2010. Academics and practitioners are still in debate to agree on this concept as is evident in this book. This book not only contains the worked out contributions of this Conference, but also other related chapters on the subject. It produces a reassessment of the content of Sports Law and its terminology keeping a close eye on the current literature. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

Handbook on International Sports Law

Author: James A. R. Nafziger

Publisher: Edward Elgar Publishing

Published: 2011

Total Pages: 585

ISBN-13: 0857936301

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Despite taking a wide variety of forms, sport is universal. Circumstances and events generating legal issues in sport are similarly universal, but sport operates under many legal systems worldwide. Fragmentation and inconsistency in legal outcomes often result. This innovative collection of essays by leading scholars of sports law addresses a gap in the literature. It advances understanding of how different legal systems respond to common issues and offers insights into the developing international system of sports law. Researchers will find this book of inescapable assistance and interest. Hayden Opie, Melbourne Law School, Australia Nafziger and Ross have provided an enormously useful collection of incisive and integrating essays that cover the gamut of important issues in the emerging field of international sport law. Andrew Zimbalist, Smith College, US This Handbook presents a comprehensive collection of essays by leading scholars and practitioners in the burgeoning field of international sports law. The authors address significant legal issues on two gradually converging tracks: the mainstream institutional framework of the law, primarily the International Olympic Committee, international sports federations, regional and national sports authority, and the Court of Arbitration for Sport; and the commercial sports industry. Topics include the institutional structure; fundamental issues, legal principles and decisions within those institutions; mediation, arbitration and litigation of disputes; doping, gambling and the expanding use of technology in competition; athlete eligibility requirements; discrimination; and protection of athletes. The book also covers a broad range of commercial issues related to competition law and labor markets; media, image, and intellectual property rights; event sponsorships; and players' agents. Comparative analyses of young sports models and practices in North America, Europe and elsewhere supplement the general theme of international sports law. This major collection of essays on some of the most controversial, cutting-edge issues in international sports law, will be a captivating read for academics and students of sports law, sports management, international law and comparative law, as well as practicing lawyers and players agents. Senior executives and other professionals in the sports industry will also find much to interest them in this well-documented Handbook.