Volume 29, Issue 5 (8-2022)                   RJMS 2022, 29(5): 152-162 | Back to browse issues page

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Abarghoueinejad S, Raisi L, Raei M. Doping Procedure in CAS And its Effect on Sports Health. RJMS 2022; 29 (5) :152-162
URL: http://rjms.iums.ac.ir/article-1-8688-en.html
Associate Professor, Department of International Law, Isfahan Branch, Islamic Azad University, Isfahan, Iran , raisi.leila@gmail.com
Abstract:   (31 Views)
Background & Aims: Globalization does not know the subject; In the same way that it goes beyond borders and cultures and it Brings people closer to each other. Such a process by accepting the divergence of national laws in its own way, pluralism is considered a subject of international law. Doping is a term used to describe prohibited procedures in sports in relation to substances and methods used with the aim of improving sports performance. Doping as a concept in sports is relatively new. Sport as an organized activity is governed by rules that are accepted by the people who participate in this activity. Any activity that does not take place under an agreed set of rules is not considered sport. These rules define the desired sport or game and specify the boundaries of the playing field. determine the rating; They describe the equipment that can be used in this sport; They announce the penalties for violating these rules, and in short, these rules provide players with everything they need to know for the said sport. From the middle of the 20th century, serious attention was paid to the growing use of energy-enhancing substances in sports. For international sports federations, they established rules to prohibit the use of some substances. Although the International Olympic Committee had no executive role in the management of sports at the international level except for the Olympic Games, which are held only for two weeks every four years, they expressed concern about this issue. These concerns were heightened by the problems that followed the death of a Danish cyclist on the road during the 1960 Rome Olympics. The World Anti-Doping Agency undertook the task of analyzing all existing anti-doping rules and developing a consensus towards a single set of rules applicable to all sports, athletes and countries. This meeting was achieved in March 2003 during the second world conference on doping in sports under the title of World Anti-Doping Rules. Of course, the governments were slow to approve this set of regulations. They sought to negotiate and approve an international convention within the framework of UNESCO, which was approved by 191 countries at the 33rd session of the UNESCO General Conference on October 19, 2005. This convention entered into force in February 2007. This convention stipulates that the member states should base their work on the global anti-doping regulations document to combat doping in sports. Therefore, for the first time in the history of sports authorities and public authorities who dealt with the issue of doping in sports, A single set of rules was voted on. However, it should not be forgotten that the document of the set of global anti-doping regulations could not be implemented globally because many professional sports leagues and organizations outside the Olympic area refused to accept it and faced the issue of doping through their capacities. The official text of the World Anti-Doping Rulebook is kept by the World Anti-Doping Agency and is published in English and French. According to the first paragraph of Article 24, if there is a conflict between the English and French versions, the English version is preferable. According to the third paragraph of the same article, the said text should be interpreted as an independent text without reference to the laws of any of the member states. The sixth paragraph of Article 24 states that the purpose, territory and organization of the World Anti-Doping Program and the document of the World Anti-Doping Regulations and related definitions should be considered as an integral part of the said document. Of course, any of the signatories of the document of the World Anti-Doping Regulations, based on the seventh paragraph of Article 23, can withdraw from this document after six months have passed from their written notification to the World Anti-Doping Agency. Nevertheless, more doping cases arose. Specially the Russian doping scandal before Rio Olympic Game (2016) IOC decided to establish new CAS Division (Anti-Doping Division). CAS-ADD started working in Rio Olympic Games. CAS-ADD works under Swiss Law and accept doping-related matters, appoint a panel (independent and qualified), rule on WADA code and general principles of law (due process and procedure law), decision making within 24 hours-if necessary after the game, jurisdiction over subsequent retesting of samples during games. CAS demonstrated independence and capability in Rio games. In this study, with the approach of case analysis, we have dealt with the procedure of the sports arbitration court against doping in sports. The subject of study is some of the decisions of the court in the cases related to doping and its establishment and actions. This review shows that the court tries to establish the international rules through handling such cases to help and play a positive role as an authority to deal with international disputes.
Methods: This study, with the approach of case analysis, we have dealt with the procedures of the sports arbitration court against doping in sports. The subject of study is some of the decisions of the court in the cases related to doping and establishment and actions. The following model has been taken into consideration as the conceptual framework and method of the present study.
Results: In this study, the special department guarantees the resolution of disputes quickly, fairly and free of charge, and all claimants can benefit from consulting services. In the Olympic competitions, voluntary and competent lawyers participate in the proceedings for free. The legal system of the Sports Court of Arbitration has been formed in order to create an appropriate and safe environment for solving sports disputes independently and impartially.
Conclusion: In general, it can be said that answering many of the challenges raised in this field still requires the development of the procedure of the court of arbitration for sports, more attention of national committees and federations to the category of international sports rights and The place of these laws is in international law, which is moving towards greater convergence of laws and not divergence between the norms of national and international law in the direction of globalization. In this direction, greater transparency in issues such as doping, which is linked to the regulations of international human rights and international trade in this field, and which follows a more complex structure day by day, with the help of the advancement of science and knowledge and resorting to modern technologies. It can contribute to greater transparency in this area and the realization of unity among the norms.
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Type of Study: Research | Subject: Clinical Psychiatry

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