prompt admission upon notice of a violation (WADA Code, Art. 10.6.

Providing
substantial assistance to an anti-doping organization,
criminal authority, or professional disciplinary body may also in some circumstances
result in elimination, reduction, or suspension of a period of ineligibility).
Failure by anti-doping organizations to follow their rules and regulations can also be a
basis to overturn the sanctions. In V a d i m D e v y a t o v s k i y & I v a n T s i k h a n v . I O C ,
the CAS panel upheld the appeal by the athletes and restored their medals and diplomas,
finding violations in laboratory standards regarding “documentation and reporting
requirements.” The same analyst tested both A and B samples of two athletes in the
2008 Beijing Olympics violating mandatory procedural safeguards and justifying the
annulment of test results Athletes who commit a second or multiple ADRV become
ineligible for “[t]he greater part of: (a) six months; (b) one-half of the period of
Ineligibility imposed for the first anti-doping rule violation …; or (c) twice the period of
Ineligibility otherwise applicable to the second anti-doping rule violation treated as if it
were a first violation.” A third anti-doping rule
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violation generally incurs a lifetime ban. If during an event more than two members of
a team in a team sport violated the anti-doping rules, the governing body of the event
shall impose suitable sanctions that can range from point deductions to
disqualifications.
3.1.7. Appeals to Court of Arbitration for Sport
Athletes and other persons subject to the WADA Code are entitled to a “Fair Hearing
and Notice” of a decision. Appeals of an ADRV determination are made exclusively to
the CAS, whose decision is final and binding (WADA Code, Art. 8.5, 13). Since 1995,
the Olympic Charter has provided that “any dispute arising on the occasion of or in
connection with the Olympic Games shall be submitted exclusively to the Court of
Arbitration for Sport (CAS) in
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accordance of the Code of Sports-Related Arbitration.” The athlete, the ADO with
results management responsibility, WADA, and any other ADO that would have had a
right to appeal a first-instance hearing decision to the CAS, has authority to appeal
sanctions and acquittals directly to the CAS with no requirement for a prior hearing.
3 . 2 . A n t i - D o p i n g as I n t e r n a t i o n a l L a w : T h e I n t e r n a t i o n a l C o n v e n t i o n
Against Doping in Sport
While the WADA Code operates as a contractual obligation upon sport organization
members and athletes, it has the force of international law through the International
Convention Against Doping in Sport (ICADIS). The hybrid nature of WADA as a quasi-
private international organization with close cooperation between non-governmental
organizations and governments, and their shared power in the decision-making process,
created a legal vacuum where many states were not bound by WADA rules despite their
adoption by most sporting organizations. Motivated in part by the use of doping by
athletes in sport and the consequences thereof for their health, the United Nations
Educational Scientific and Cultural Organization (UNESCO) led the efforts for the
international community to develop an international treaty with binding powers on
government that extends its legal authority to the WADA Code. Other concerns that
drove UNESCO to act include an appreciation for both the principle of fair play and the
critical objective of the elimination of cheating in sport and an observance of the
important role of governments in the fight against doping.
In effect since 2007, ICADIS provides a legal framework that organizes all governmental
and non- governmental efforts in a joint process to fight doping. Over 162 signatory
governments enforce anti-doping rules against those not covered under WADA, such as
individuals engaged in the trafficking of prohibited substances. As such, ICADIS helps to
formalize anti-doping rules, policies, and guidelines on a global level. The purpose of
ICADIS is to promote the prevention of, and the fight against, doping in sport. The
ultimate ambition of ICADIS is to eliminate doping in sport.
The United States ratified ICADIS in 2008 and since then has been obliged by its
provisions. As a result, governments, sport federations, and civil societies—as well as the
Olympic movement—are provided with a binding legal instrument