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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

Paul David
Affiliation:
Eldon Chambers, New Zealand
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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.

Type
Chapter
Information
A Guide to the World Anti-Doping Code
A Fight for the Spirit of Sport
, pp. 14 - 51
Publisher: Cambridge University Press
Print publication year: 2013

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References

Kaufmann-Kohler, Gabrielle, ‘Arbitral Precedent: Dream, Necessity or Excuse?’, Arbitration International, 23(3) (2007)CrossRefGoogle Scholar
Kaufmann-Kohler, Gabrielle, 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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