Proportionality of sanctions under the WADA Code : CAS jurisprudence and the need for a strict approach

Duffy, James (2013) Proportionality of sanctions under the WADA Code : CAS jurisprudence and the need for a strict approach. Australasian Dispute Resolution Journal, 24(1), pp. 26-40.

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This article suggests that the issue of proportionality in anti-doping sanctions has been inconsistently dealt with by the Court of Arbitration for Sport (CAS). Given CAS’s pre-eminent role in interpreting and applying the World Anti-Doping Code under the anti-doping policies of its signatories, an inconsistent approach to the application of the proportionality principle will cause difficulties for domestic anti-doping tribunals seeking guidance as to the appropriateness of their doping sanctions.

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ID Code: 56521
Item Type: Journal Article
Refereed: Yes
Keywords: Sport, Drugs, Doping, Proportionality, Sanctions, Arbitration, World anti-doping code
ISSN: 1441-7847
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2013 Thomson Reuters
Deposited On: 21 Jan 2013 00:07
Last Modified: 06 Feb 2013 09:51

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