Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-g7rbq Total loading time: 0 Render date: 2024-07-30T05:29:46.969Z Has data issue: false hasContentIssue false

8 - Sanctions for anti-doping rule violations: Articles 9 and 10 of the Code

Published online by Cambridge University Press:  24 June 2009

Paul David
Affiliation:
Eldon Chambers, Auckland NZ
Get access

Summary

The Articles dealing with the imposition of sanctions, and the annotations to the Code relevant to those Articles, have received the most attention from national tribunals and CAS. This focus on the possible elimination or reduction of the period of ineligibility laid down by the Code is a natural consequence of a system where the underlying principle is that an athlete will be strictly liable without proof of an intention to cheat, or negligence, or fault, where a prohibited substance or a prohibited method is detected in a bodily sample. As most anti-doping allegations brought under the Code have, to date, related to alleged strict liability violations under Article 2.1, athletes have sought to rely on the provisions providing for the elimination or reduction of the standard period of ineligibility fairly regularly. As has been explained, the scope of any discretion to reduce a fixed sanction by CAS was a matter of uncertainty and of difference between various CAS Panels before the Code. The Code sought to introduce harmony in this important area, by providing for a relatively simple sanctions regime which provided for fixed periods of ineligibility, and contained no provisions for such penalties as fines and suspended periods of ineligibility which were present in many earlier anti-doping regimes.

Articles 9 and 10 of the Code provide for a regime of fixed sanctions, consistent with the Code's central aim of harmonising sanctions across all sports.

Type
Chapter
Information
A Guide to the World Anti-Doping Code
A Fight for the Spirit of Sport
, pp. 165 - 207
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×