Effects of the EU Anti-Doping Laws and Politics for the International and Domestic Sports Law in Member States / Magdalena Kedzior. – (International Sports Law Journal (2007) 1-2 : p. 111-114)

Content:

• Introduction
• Legal sanctioning of doping at the international level – historical background
• Legal grounds of the Community anti-doping policy
• Doping in the jurisprudence of the European Court of Justice
• Relations between the EU and WADA
• Doping in Polish legislation
• Conclusions

Because of the commercialisation and professionalisation of sport, the significance of fighting illegal doping has grown in importance and has now become a wide-ranging anti-doping policy within European Union law, while the relations between the anti-doping regulations of international sports federations and the Community laws have become the subject of the jurisdiction of the European Court of Justice. The European Union is an active supporter of the various WADA’s activities, including the organisational and the financial. The adoption of the World Anti-Doping Convention may be seen as a certain achievement, or an accomplishment, justifying the reasons why the EU decided to cooperate with WADA, since it clearly shows that the Convention meets the expectations advocated by the EU, that first of all, the health and rights of sportsmen should be protected.

Sport People’s Right to Defence under the New Spanish Anti-Doping Law : A Perspective / Fernando del Cacho Millian. – (International Sports Law Journal (2007) 1-2 : p. 19-21)

Content:
1.) Introduction
2.) Historical and legislative backgrounds of doping in Spain
3.) First steps towards the defence and principles of sportspeople’s defence
4.) Sports People’s right to defence before the proceedings for the imposition of sanctions regarding doping
5.) New Article 361 bis of the Criminal Code. A perspective from the right to defence

International Convention Against Doping In Sport / United Nations Educational, Scientific and Cultural Organization (UNESCO). - Paris : UNESCO, 2005. - 339 p

• English version: p. 2-19;
• French version: p. 20-36;
• Spanish version: p. 37-56;
• Russian version: p. 56-74;
• Arabic version: p. 75-92;
• Chinese version: p. 93-112.

Content:

1.) Scope
2.) Anti-doping activities at the national level
3.) International cooperation
4.) Education and training
5.) Research
6.) Monitoring of the Convention
7.) Final clauses

• Annex I – The Prohibited List – International Standard
• Annex II – Standards for Granting Therapeutic Use Exemptions
• Appendix 1 – World Anti-Doping Code
• Appendix 2 – International Standard for Laboratories
• Appendix 3 – International Standard for Testing

The International Convention against Doping in Sport is a multilateral UNESCO treaty by which states agree to adopt national measures to prevent and eliminate drug doping in sport. States that agree to the Convention align their domestic rules with the World Anti-Doping Code, which is promulgated by the World Anti-Doping Agency. This includes facilitating doping controls and supporting national testing programmes; encouraging the establishment of "best practice" in the labelling, marketing, and distribution of products that might contain prohibited substances; withholding financial support from those who engage in or support doping; taking measures against manufacturing and trafficking; encouraging the establishment of codes of conduct for professions relating to sport and anti-doping; and funding education and research on drugs in sport.

The Convention was adopted at the General Conference of UNESCO in Paris on 19 October 2005. It entered into force on 1 February 2007 after it had been ratified by 30 state parties. As of October 2013, the Convention has been ratified by 176 states, which includes 175 UN member states plus the Cook Islands.

Proportionality in the World Anti-Doping Code: Is There Enough Room for Flexibility? / Jannica Houben. – (International Sports Law Journal (2007) 1-2 : p. 10-18)

Content:
1.) Stict Liability
2.) Proof and Sanctions
2.1.) Proof of an Anti-Doping Violation
2.2.) Sanctions
2.3.) The limited impact of the question of guilt
3.) Proportionality
3.1.) The principle of proportionality
3.2.) Proportionality cases
3.2.1.) Pre WADC cases
3.2.2.) Post WADC cases
4.) Conclusion

The biggest advantage of the introduction of the World Anti-Doping Code in 2004 is the harmonization, but a disadvantage is that there are still some unclear matters left. The drafters of the WADC opted for a system of strict liability with mandatory (tough) penalties and a possibility of sanction reduction in the case of exceptional circumstances.
The question of fault or negligence only plays a role in the determination of the sanction. In this article, the Author will evaluate this system and the rulings by the CAS. Are the sanctions imposed proportionate to the offenses? Does the Code leave room for the use of the principle of proportionality? If yes, does the CAS use the flexibility in the Code?
In this contribution it is argued that the CAS does not interpret the Code in a correct way. Although the Code can be seen as well drafted, the CAS does not use the flexibility that is incorporated therein.
But there is hope: recently a CAS Panel held in the Puerta case that “in those very rare cases in which Articles 10.5.1 and 10.5.2 of the WADC do not provide a just and proportionate sanction, i.e., when there is a gap or lacuna in the WADC, that gap or lacuna must be filled by the Panel.”

Doping, Doctors and Athletes: The Evolving Legal Paradigm / John O’Leary, Rodney Wood. - (International Sports Law Journal (2006) 3-4 : p. 62-66)

Content:
- The Development of Anti-Doping Policy and the importance of good health
- The Athlete/Governing Body Nexus
- The Athlete/Doctor Nexus
- Consent
- Criminal Conspiracy
- Professional Misconduct
- Confidentiality
- Conclusion

The object of this article is to explore the relationships that exist in the area of anti-doping and health. Its aim is to map out the tensions, obligations and responsibilities that exist between the actors and identify the possible focal points for future legal conflict.
The principle conclusion of this article is that is that the likely consequence of this philosophical re-alignment is that the legal focus will shift from the athlete/governing body relationship to the
athlete/physician relationship which necessitates a re-evaluation of the crucial legal issues.

The CAS AD Hoc Division at the XX Olympic Winter Games in Turin / Andreas K. Zagklis. – (International Sports Law Journal (2006) 3-4 : p. 47-57)

Content:
Introduction
1.) Summary of cases
1.1. CAS OG 06/001 [WADA v/ USADA, USBSF & Lund]
1.2. CAS OG 06/002 [Schuler v/ Swiss Olympic Association]
1.3. CAS JO 06/003 [Azzimani v/ Comité National Olympique Marocain]
1.4. CAS OG 06/004 [Deutscher Skiverband & Sachenbacher-Stehle v/ FIS]
1.5. CAS OG 06/005 & 06/007 [Abernathy v/ FIL]
1.6. CAS OG 06/006 [Canadian Olympic Committee v/ ISU]
1.7. CAS OG 06/008 [Dal Balcon v/ CONI & Federazione Italiana Sport Invernali]
1.8. CAS OG 06/009 [B. v/ IOC]
1.9. CAS OG 06/010 [Australian Olympic Committee v/ FIBT]
2.) Analysis
2.1.) Procedure
2.1.a.) Application
2.1.b.) Sole Arbitrator
2.1.c.) Hearing
2.1.d.) Award
2.2.) Legal Issues
2.2.1.) Jurisdiction
2.2.2.) Doping
2.2.3.) Selection and Qualification
Conclusion

The experience of three Summer Olympics and another three Winter Olympics of the CAS AHD has rewarded the Court with priceless know-how. In addition, the average of almost nine cases per Olympiad shows that the CAS AHD is now a conditio sine qua non for the successful organisation of the major sporting event in the world. Every two years the CAS attempts to succeed in its own
“triathlon” (fair - fast - free), which, above all, requires a unique balance between the speed of the procedures (24h) and the quality of the justice served (fairness in sport). The CAS AHD in Turin was another example of flexible procedures, always at the disposal of the Olympic Movement, and consistent jurisprudence. The road to Beijing is now open for legal debates on how the role of the CAS AHD can evolve in its second decade of life. In the author’s opinion, given the high stakes that the participation in the Olympics entails, the selection / qualification disputes will be the nucleus of the CAS AHD jurisprudence in the near future.

Revised or New Test Procedures: What CAS Requires / Richard H. McLaren. – (International Sports Law Journal (2006) 3/4 : p. 36-46)

0.) Introduction
1.) Nandrolone
1a.) The Early CAS Jurisprudence
1a-i.) The Exercise Induced Challenge
1a-ii.) Calculation Challenges
1b.) Ingestion Without Intention Challenges
1b-i.) Contaminated Supplements
1b-ii.) Other Claims of Ingestion
1b-iii.) Unexplained Challenges
1c.) The Challenge of Changing Scientific Knowledge
1d.) Summary
2.) Erythropoietin
2a.) The Original Direct Urine Test
2b.) The Refinement of the BAP Test Interpretation Criteria
2c.) The Elimination of the BAP Criterion
2d.) The Most Recent Version of the EPO Test Procedure
2e.) The Active and Effort Urine Refinement to the Test Procedure
2f.) The Test for Darbepotien (Aranesp)
3.) Blood Transfusion: A New Test Procedure
4.) Conclusion

Revisions to the testing procedures for nandrolone and erythropoietin, - two prohibited substances - as well as the introduction of a new testing procedure for blood doping by transfusion, illustrate the challenges to the legal mettle of the Court of Arbitration for Sport (CAS) brought about by greater scientific understanding.
By virtue of studying testing developments we can explore the following theme: Can progress in testing continue in light of the CAS requirements? The same proposition and theme is also addressed by examining what was required to accept the introduction of flow cytometry as an analytical technique for detection of the prohibited method of homologous blood transfusion in the case of Tyler Hamilton.
In light of these developments, the challenge for CAS will be both in accommodating revisions and in permitting the introduction of new testing procedures to deal with new situations. In so doing, the
cost and process of legal acceptance for new procedures cannot continue to be as expensive. The accommodation of change and innovation must be realized while ensuring the protection of athlete’s rights.

Anti-Doping Law in South-African Sport : The Challenges of the World Anti-Doping Code / Portia Ndlovu. – (International Sports Law Journal (2006) 1-2 : p. 60-63)

Content:
1.) Introduction
2.) South African Sports and Anti-Doping Law
3.) Practical Application of Current Anti-Doping Legislation
4.) Duty to publish information on testing procedures
5.) The Institute Appeal Board
6.) The World Anti-Doping Code
7.) The International Convention against Doping in Sport
8.) The World Anti-Doping Code and the Constitution
9.) The Responsibility to Apply the Code: Sporting Bodies in South Africa
10.) Conclusion

The purpose of this article is to educate South African athletes on anti-doping laws and to create awareness that it is possible to win at any level of competition without the use of banned substances. Further, it is essential in law to highlight that there is hope for those athletes who have talent and a desire to succeed but have been historically disadvantaged however they should seek to avoid expedient success through the use of banned substances. In light of the quest to develop as a sporting nation, it is the aim of this paper is to contribute to the legal research applicable to sport by highlighting the laws relating to doping and the challenge in applying these laws in South Africa.

Baseball’s Doping Crisis and New Anti-Doping Program / James A.R. Nafziger. – (International Sports Law Journal (2006) 1-2 : p. 10-13)

Content:
1.) Baseball’s Doping Crisis
2.) Major League Baseball’s Response to the Crisis and Its Significance
2a.) MLB’s Response
2a-1.) The 2002 Program
2a-2.) Public Opinion
2a-3.) The 2005 Program
2b.) The Significance of MLB’s Response in the Process of Globalization

The most significant issue confronting professional baseball has been the use by players of performance-enhancing drugs. The widespread use of steroids, in particular, led to a doping crisis in the sport and irresistible pressures for reform emanating from congressional hearings in the United States on the crisis.
As a result, MLB first accepted minimum testing procedures and sanctions against doping in 2002 and then, under continuing public and congressional pressures, rapidly instituted a respectable program of testing and sanctions in 2005. Frontier issues involving difficult-to-detect and undetectable drugs remain to be resolved in the future. What may be particularly significant about baseball’s new program is not simply its rapid development under pressure but its growing conformity with the standards and procedures of international sports law-a significant development, given the independent role of player contracts and collective bargaining in professional baseball.
This study first summarizes baseball’s doping crisis, then discusses MLB’s response to it and the significance of the response in the context of international sports law and the globalizing process.

The IAAF Arbitration Panel : The Heritage of Two Decades of Arbitration in Doping-Related Disputes / Christoph Vedder. – (International Sports Law Journal (2005) 3-4 : p. 16-23)

Content:
1.) Introduction
2.) The legal Basis
2.1.) The Formation and Composition of the Arbitration Panel
2.2.) The Independence of the Arbitration Panel
2.3.) Jurisdiction of the Arbitration Panel
2.4.) The Procedure before the Arbitration Panel
2.5.) The Effects of the Awards
3.) The Doping Offence
3.1.) The Elements of Doping
3.2.) The Burden of Proof
4.) Major Achievements
4.1.) Doping Offence
4.2.) Prohibited Substances, Food Supplements
4.3.) Endogenously Produced Substances
4.4.) Strict Liability, Burden of Proof
4.5.) Sanctions, Length of the Period of Ineligibility
4.6.) Procedural Issues
5.) At the End: an Oulook

In summer 2001, the 43rd Congress of the International Association of Athletics Federations (IAAF) during its Edmonton session decided to discontinue its Arbitration Panel and to join the arbitral dispute settlement system provided by the Court of Arbitration for Sport (CAS). However, according to a transitory provision several cases still came before the Arbitration Panel in 2002 and 2003 while the very last dispute to be decided by it was referred to the Panel as late as in 2004. Having been established in 1982, the Arbitration Panel operated since 1984 when the first list of arbitrators was composed.
Now, we are able to look back on two decades of settlement of sport-related disputes by arbitration, in particular in doping matters, within the framework of a major International Federation. In August 2003 as a next step the 44th IAAF Congress in Paris amended the IAAF’s constitutional rules on doping to bring them into line with the WADA Code. The overall result was a streamlining of the IAAF’s anti-doping policy both in substance and procedure, in accordance with the general trend of international and inter-sports harmonisation.