Book contents
- Frontmatter
- Contents
- List of Figures
- Preface to the Second Edition
- Table of Cases
- Introduction
- 1 The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
- 2 Overview of the Code and the World Anti-Doping Program
- 3 The International Standards in more detail
- 4 The nature of the Code and its interpretation and application
- 5 Articles 1 and 2 of the Code: anti-doping rule violations under the Code
- 6 Article 3 of the Code: the proof of anti-doping rule violations under the Code
- 7 Responsibility for testing and investigations, results management and hearings
- 8 Articles 9 and 10 of the Code: sanctions for anti-doping rule violations
- 9 Article 13: appeals under the Code
- 10 Appeals to the Swiss Supreme Court from CAS, challenges to the Code in the courts and claims outside the Code
- 11 The way ahead: review of the 2009 Code
- Index
- References
1 - The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
Published online by Cambridge University Press: 05 February 2013
Book contents
- Frontmatter
- Contents
- List of Figures
- Preface to the Second Edition
- Table of Cases
- Introduction
- 1 The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
- 2 Overview of the Code and the World Anti-Doping Program
- 3 The International Standards in more detail
- 4 The nature of the Code and its interpretation and application
- 5 Articles 1 and 2 of the Code: anti-doping rule violations under the Code
- 6 Article 3 of the Code: the proof of anti-doping rule violations under the Code
- 7 Responsibility for testing and investigations, results management and hearings
- 8 Articles 9 and 10 of the Code: sanctions for anti-doping rule violations
- 9 Article 13: appeals under the Code
- 10 Appeals to the Swiss Supreme Court from CAS, challenges to the Code in the courts and claims outside the Code
- 11 The way ahead: review of the 2009 Code
- Index
- References
Summary
Background
Disqualification and the imposition of disciplinary sanctions as a response to the offence of doping has been a part of the sporting world for many years. From the 1970s onwards, most sporting bodies, at both national and international level, had rules under which their members submitted to drug testing, and to the imposition of sanctions (primarily in the form of the disqualification of results and a period of ineligibility from competition) in the event that they were found to have committed a violation of the rules. To a significant degree, doping was regulated internationally by the International Olympic Committee (IOC) the body which leads and manages the Olympic movement. The Olympic Movement Anti-Doping Code (OMADC) which was produced by the IOC was applicable to ‘the Olympic Games, the various championships to which the IOC granted its patronage and to all sports practised within the context of the Olympic Movement, including pre-competition preparation periods’. The OMADC was the forerunner of the WADA Code and many of the substantive features of the OMADC were adopted by the Code.
OMADC
The IOC anti-doping rules were amended and refined over the years. OMADC 1999, which came into force on 1 January 2000, contained many of the elements which are now found in the WADA Code and the International Standards. The important anti-doping principles, such as the concept of the strict liability of the athlete for the presence of any substance or method designated as prohibited in a bodily sample, had been a feature of earlier versions of the OMADC, and the anti-doping regimes of many sporting organisations, for many years.
Information
- Type
- Chapter
- Information
- A Guide to the World Anti-Doping CodeA Fight for the Spirit of Sport, pp. 14 - 51Publisher: Cambridge University PressPrint publication year: 2013
References
, ‘Arbitral Precedent: Dream, Necessity or Excuse?’, Arbitration International, 23(3) (2007)CrossRefGoogle Scholar
, Arbitration at the Olympics: Issues of Fast-Track Disputes Resolution and Sports Law (The Hague: Kluwer Law International, 2001).Google Scholar
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