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Author: Janwillem Soek Publisher: T.M.C. Asser Press ISBN: 9789067042260 Category : Law Languages : en Pages : 478
Book Description
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.
Author: Janwillem Soek Publisher: T.M.C. Asser Press ISBN: 9789067042260 Category : Law Languages : en Pages : 478
Book Description
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.
Author: Janwillem Soek Publisher: T.M.C. Asser Press ISBN: 9789067046671 Category : Law Languages : en Pages : 0
Book Description
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.
Author: Sooraj Sharma Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In the International Sporting events the number of the cases involving doping, are on an alarming rise and at this juncture, where the law of sport regarding doping are in a premature state it is very important that the law not escape critical analysis. The law of sport as it is being developed has taken a lot of elements from various other branches of law, and one of these branches are the common principles of the law of Tort. The inception of the concept of strict liability lies in the jurisprudence of the English courts and now has found its way into different legal systems and branches and thus warrants criticism and suggestions as it attains acceptability in this field of sports law. The first document to harmonize anti-doping regulations around the world recognized the fundamental rights of athletes to participate in a doping-free sport and applied the principle of strict liability to maintain high standards of fairness. The object of this paper is to examine the inconsistencies associated with doping control and explains the inequity which results from such inconsistent application of the principle of strict liability. This is achieved through an analysis of the WADA code and the interrelationship with the principle of strict liability and an examination of a recent case of the much celebrated Spanish cyclist Alberto Contador.
Author: Mike McNamee Publisher: Routledge ISBN: 1351585649 Category : Sports & Recreation Languages : en Pages : 158
Book Description
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.
Author: Verner Møller Publisher: Routledge ISBN: 1134464053 Category : Sports & Recreation Languages : en Pages : 478
Book Description
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.
Author: Paul David Publisher: Cambridge University Press ISBN: 1139619306 Category : Law Languages : en Pages : 415
Book Description
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.
Author: I. S. Blackshaw Publisher: T.M.C. Asser Press ISBN: 9789067042048 Category : Law Languages : en Pages : 610
Book Description
I am very pleased and proud to write the Foreword to this Book on the occasion of the Court of Arbitration for Sport (CAS) having completed its first twenty years of operations. And I warmly congratulate the ASSER International Sports Law Centre and the Editors, Ian Blackshaw, Rob Siekmann and Janwillem Soek – in cooperation with Andrew Gibson, Griffith University, Brisbane, Australia, and Steve Cornelius, University of Johannesburg, South Africa –, on their joint initiative in putting together and publishing this Book. The CAS has come a long way since the idea of establishing it was first mentioned by Juan Antonio Samaranch, the former IOC President. His vision and confidence in its future have been truly vindicated. Since its creation and up to 31 December 2003, 576 cases have been submitted, of which 550 were requests for arbitration and 26 for an advisory opinion. In 2004, there was a sharp rise in the number of cases handled by the CAS and this trend continues apace. Thus, the CAS goes from strength to strength and has a great future, having, in the words of the Swiss Federal Tribunal in its landmark judgement of 27 May 2003, “built up the trust of the sporting world [and] . . . now widely recognised . . . [as] . . . one of the principal mainstays of organised sport.
Author: Robert C.R. Siekmann Publisher: Springer Science & Business Media ISBN: 9067048291 Category : Law Languages : en Pages : 402
Book Description
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.
Author: Janwillem Soek
Author: Janwillem Soek
Author: Janwillem Soek
Author: Janwillem Soek
Author: Janwillem Soek
Author: Sooraj Sharma
Author: Mike McNamee
Author: Verner Møller
Author: Paul David
Author: I. S. Blackshaw
Author: Robert C.R. Siekmann