The Strict Liability Principles And The Human Rights Of Athletes In Doping Cases

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The Strict Liability Principles and the Human Rights of Athletes in Doping Cases

Janwillem Soek
The Strict Liability Principles and the Human Rights of Athletes in Doping Cases Book PDF

Author : Janwillem Soek
Publisher : T.M.C. Asser Press
Page : 478 pages
File Size : 45,6 Mb
Release : 2006-08-24
Category : Law
ISBN : 9067042269

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The Strict Liability Principles and the Human Rights of Athletes in Doping Cases by Janwillem Soek Pdf

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.

The Strict Liability Principles and the Human Rights of Athletes in Doping Cases

Janwillem Soek
The Strict Liability Principles and the Human Rights of Athletes in Doping Cases Book PDF

Author : Janwillem Soek
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 47,9 Mb
Release : 2006
Category : Law
ISBN : 9067046671

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The Strict Liability Principles and the Human Rights of Athletes in Doping Cases by Janwillem Soek Pdf

​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.

Evidence in Anti-Doping at the Intersection of Science & Law

Marjolaine Viret
Evidence in Anti Doping at the Intersection of Science Law Book PDF

Author : Marjolaine Viret
Publisher : Springer
Page : 821 pages
File Size : 51,9 Mb
Release : 2015-10-31
Category : Law
ISBN : 9789462650848

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Evidence in Anti-Doping at the Intersection of Science & Law by Marjolaine Viret Pdf

This book is a comprehensive, practice-oriented guide to the evidentiary regime under the 2015 World Anti-Doping Code (WADC) including the functioning of the Athlete Biological Passport. It is the first to show how the interplay between science and law affects the collection and evaluation of evidence in anti-doping, and how paradigm shifts in anti-doping strategies may modify evidentiary assumptions implicit to the WADC regime. Unique in its dealing with the subtleties of anti-doping science and legal implications, the book gives lawyers involved in anti-doping the keys to a better understanding of the science underlying the WADC regime, while providing anti-doping scientists with the first reference material to understand the legal framework in which their activities are embedded. The emphasis of the book is on international doping cases and it relies predominantly on CAS awards published up to Spring 2015. Written by an experienced Swiss lawyer it provides an insight into the Swiss legal system and its importance for the legal practice in doping matters. Marjolaine Viret is an attorney-at-law in Geneva, Switzerland, specialising in sports and health law. She has gained significant experience in sports arbitration as a senior associate in one of Switzerland’s leading law firms. She also holds positions within committees in sport, in particular as a member of the UCI Anti-Doping Commission. Ms Viret had her doctorate on anti-doping approved summa cum laude in 2015. She participates as a researcher in a project for a commentary of the 2015 WADC funded by the National Science Foundation and is regularly invited to lecture or speak in various fields of sports law. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Dave McArdle, Prof. Dr. Ben Van Rompuy and Marco A. van der harst LL.M.

Drugs & Doping in Sports

John O'Leary
Drugs Doping in Sports Book PDF

Author : John O'Leary
Publisher : Routledge
Page : 321 pages
File Size : 42,6 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135338961

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Drugs & Doping in Sports by John O'Leary Pdf

Drugs and Doping in Sport brings together work from leading academics, practitioners and administrators, analyses contemporary socio-legal and political themes related to doping in sport.

Acute Topics in Anti-Doping

O. Rabin,Y. Pitsiladis
Acute Topics in Anti Doping Book PDF

Author : O. Rabin,Y. Pitsiladis
Publisher : Karger Medical and Scientific Publishers
Page : 206 pages
File Size : 40,9 Mb
Release : 2017-06-02
Category : Psychology
ISBN : 9783318060447

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Acute Topics in Anti-Doping by O. Rabin,Y. Pitsiladis Pdf

Doping represents the dark side of amateur and professional sports – in order to protect athletes around the globe, anti-doping rules are continuously revised and improved. This publication reviews the current regulatory framework, scientific aspects, future approaches, and social and ethical dimensions of the fight against doping in sport. Prominent experts on the implementation of anti-doping strategies, as well as leading researchers in science and medicine, have contributed to this publication. In keeping with its interdisciplinary origin, the book is intended for athletes, coaches, students, scientists, anti-doping officials, and all others interested in anti-doping and sports. Ranging from legal and educational to scientific and medical issues, this collection emphasizes the need for a multidisciplinary approach and the importance of preventative strategies in the fight against doping in sports.

Routledge Handbook of Drugs and Sport

Verner Møller,Ivan Waddington,John M. Hoberman
Routledge Handbook of Drugs and Sport Book PDF

Author : Verner Møller,Ivan Waddington,John M. Hoberman
Publisher : Routledge
Page : 478 pages
File Size : 44,8 Mb
Release : 2015-06-19
Category : Sports & Recreation
ISBN : 9781134464050

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Routledge Handbook of Drugs and Sport by Verner Møller,Ivan Waddington,John M. Hoberman Pdf

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.

Athletes’ Human Rights and the Fight Against Doping: A Study of the European Legal Framework

Bart van der Sloot,Mara Paun,Ronald Leenes
Athletes Human Rights and the Fight Against Doping A Study of the European Legal Framework Book PDF

Author : Bart van der Sloot,Mara Paun,Ronald Leenes
Publisher : Springer Nature
Page : 258 pages
File Size : 51,6 Mb
Release : 2020-01-23
Category : Law
ISBN : 9789462653511

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Athletes’ Human Rights and the Fight Against Doping: A Study of the European Legal Framework by Bart van der Sloot,Mara Paun,Ronald Leenes Pdf

This book addresses the tension between, on the one hand, anti-doping practices and measures and, on the other hand, the fundamental rights of athletes. New techniques for testing and re-testing samples taken several years ago, have caused a push by the World Anti-Doping Agency and affiliated organizations for stricter rules, more doping tests and higher sanctions. Meanwhile, many States are adopting new laws and regulations to facilitate this push. At the same time, privacy and data protection have gained new momentum, especially in the European Union, where the General Data Protection Regulation came into effect in May 2018. It contains new obligations for data controllers and processors, rights for data subjects and sanctions for those violating the data protection rules. It is clear that gathering whereabouts information on athletes, collecting urine and blood samples, analyzing the samples and using the data distilled there from falls within the scope of the data protection framework. In addition, European athletes can invoke their rights to privacy, fair trial and freedom from discrimination as guaranteed by the European Convention on Human Rights. The book is aimed at professionals and organizations involved in sports and anti-doping and provides them with an opportunity to delve into and understand the rights guaranteed to athletes within the European context. Furthermore, it is equally relevant for privacy and data protection lawyers and human rights scholars wishing to familiarize themselves with the difficult questions relating to human rights protection in the world of sport and anti-doping. Written in accessible language, it should also prove useful to athletes and laymen wanting to learn about the rules applicable to almost everyone who practices sport, even at a local amateur level. Bart van der Sloot is senior researcher at Tilburg University, Tilburg, The Netherlands, Mara Paun is PhD researcher at Tilburg University, Tilburg, The Netherlands, Ronald Leenes is professor at Tilburg University, Tilburg, The Netherlands.

A Guide to the World Anti-Doping Code

Paul David
A Guide to the World Anti Doping Code Book PDF

Author : Paul David
Publisher : Cambridge University Press
Page : 128 pages
File Size : 48,6 Mb
Release : 2013-01-17
Category : Law
ISBN : 9781139619301

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A Guide to the World Anti-Doping Code by Paul David Pdf

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.

Sport, Ethics and Philosophy

Mike McNamee
Sport Ethics and Philosophy Book PDF

Author : Mike McNamee
Publisher : Routledge
Page : 158 pages
File Size : 51,5 Mb
Release : 2018-10-19
Category : Sports & Recreation
ISBN : 9781351585644

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Sport, Ethics and Philosophy by Mike McNamee Pdf

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.

Global Corruption Report: Sport

Transparency International
Global Corruption Report Sport Book PDF

Author : Transparency International
Publisher : Routledge
Page : 399 pages
File Size : 54,7 Mb
Release : 2016-02-05
Category : Business & Economics
ISBN : 9781317443759

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Global Corruption Report: Sport by Transparency International Pdf

Sport is a global phenomenon engaging billions of people and generating annual revenues of more than US$ 145 billion. Problems in the governance of sports organisations, fixing of matches and staging of major sporting events have spurred action on many fronts. Yet attempts to stop corruption in sport are still at an early stage. The Global Corruption Report (GCR) on sport is the most comprehensive analysis of sports corruption to date. It consists of more than 60 contributions from leading experts in the fields of corruption and sport, from sports organisations, governments, multilateral institutions, sponsors, athletes, supporters, academia and the wider anti-corruption movement. This GCR provides essential analysis for understanding the corruption risks in sport, focusing on sports governance, the business of sport, planning of major events, and match-fixing. It highlights the significant work that has already been done and presents new approaches to strengthening integrity in sport. In addition to measuring transparency and accountability, the GCR gives priority to participation, from sponsors to athletes to supporters an essential to restoring trust in sport.

The Court of Arbitration for Sport

I. S. Blackshaw,Janwillem Soek,Robert C. R. Siekmann
The Court of Arbitration for Sport Book PDF

Author : I. S. Blackshaw,Janwillem Soek,Robert C. R. Siekmann
Publisher : T.M.C. Asser Press
Page : 610 pages
File Size : 46,7 Mb
Release : 2006-03-02
Category : Law
ISBN : 9067042048

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The Court of Arbitration for Sport by I. S. Blackshaw,Janwillem Soek,Robert C. R. Siekmann Pdf

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.

Sport Policy in Canada

Lucie Thibault,Jean Harvey
Sport Policy in Canada Book PDF

Author : Lucie Thibault,Jean Harvey
Publisher : University of Ottawa Press
Page : 434 pages
File Size : 42,9 Mb
Release : 2013-12-17
Category : Law
ISBN : 9780776620954

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Sport Policy in Canada by Lucie Thibault,Jean Harvey Pdf

"Research Centre for Sport in Canadian Society, University of Ottawa."

Sports Law

Simon Gardiner,Roger Welch,Simon Boyes,Urvasi Naidoo
Sports Law Book PDF

Author : Simon Gardiner,Roger Welch,Simon Boyes,Urvasi Naidoo
Publisher : Routledge
Page : 762 pages
File Size : 52,8 Mb
Release : 2012-03-12
Category : Law
ISBN : 9781136588129

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Sports Law by Simon Gardiner,Roger Welch,Simon Boyes,Urvasi Naidoo Pdf

Long established as the market leading textbook on sports law, this much-anticipated new edition offers a comprehensive and authoritative examination of the legal issues surrounding and governing sport internationally. Locating the legal regulation of sport within an explicit socio-economic context, this refocused edition is divided into four core parts: Governance & Sport; Commercial Regulation; Sports Workplace; and Safety in Sport. Recent developments covered in this edition include: EU competition law interaction with sport under arts. 101 and 102 of the Treaty on the Functioning of the European Union; the current World Anti-Doping Agency code; analysis of the recent Court of Arbitration for Sport Jurisprudence; reforms of the transfer system in team sports; anti-discrimination provisions in sport; engagement with match fixing; a focus on the legal context of 2012 London Olympics. Essential reading for students studying sports law or sports-related courses, this textbook will also prove useful to sports law practitioners and sports administrators in need of a clear companion to the field.

Handbook on International Sports Law

Nafziger, James A.R.,Gauthier, Ryan
Handbook on International Sports Law Book PDF

Author : Nafziger, James A.R.,Gauthier, Ryan
Publisher : Edward Elgar Publishing
Page : 720 pages
File Size : 46,7 Mb
Release : 2022-07-22
Category : Law
ISBN : 9781839108617

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Handbook on International Sports Law by Nafziger, James A.R.,Gauthier, Ryan Pdf

The second edition of this comprehensive Handbook presents new and significantly revised chapters by leading scholars and practitioners in the burgeoning field of international sports law. National, regional and comparative dimensions of sports law are emphasized throughout, exploring a wide range of issues emerging in sports law today.

Lex Sportiva: What is Sports Law?

Robert C.R. Siekmann,Janwillem Soek
Lex Sportiva What is Sports Law Book PDF

Author : Robert C.R. Siekmann,Janwillem Soek
Publisher : Springer Science & Business Media
Page : 402 pages
File Size : 55,7 Mb
Release : 2012-01-19
Category : Law
ISBN : 9789067048293

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Lex Sportiva: What is Sports Law? by Robert C.R. Siekmann,Janwillem Soek Pdf

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.