Striking down the “Osaka Rule” – An unnecessary departure / Jan F. Orth. – (International Sports Law Journal (2012) 3-4 : p. 28-34)
Content:
1.) Introduction
1.1.) The sport politics background
1.2.) Factual background of the case
2.) The decision of the Court of Arbitration for Sport
3.) Critical Review
4.) Conclusion
The reasoning of the CAS in its decision CAS 2011/O/2422, which strikes down the “Osaka Rule”, consists of 23 single-spaced pages and seems therefore to be well substantiated.
However, a critical review of the reasoning reveals remarkable shortcomings in the argumentation scheme of the competent CAS panel. The author reaches the result that the invalidation of this important anti-doping provision was not compelling at all.
