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Series Information; Foreword by Antonio Rigozzi; Foreword by Martial Saugy and Sylvain Giraud; Preface; Contents; Note on Terminology and Citations; Abbreviations; 1 Introduction; 1.1 Background; 1.1.1 Motivation for Writing This Book; 1.1.2 Doping Cases Won or Lost on Evidence; 1.1.3 Doping Cases Inevitably Involve Scientific Issues; 1.2 Subject Matter; 1.2.1 Scope of the Topics Addressed; 1.2.2 What This Book Is and What It Is Not; Part I Legal and Scientific Constraints on Evidence in Anti-Doping; 2 Focus of the Analysis; 2.1 Focus on International Doping Cases
2.1.1 Reconciling the Universality of Science with the Locality of Law2.1.1.1 Transnational Realities of Anti-Doping Science; 2.1.1.2 Foundations of Modern International Anti-Doping Efforts; 2.1.1.2.1 Stakeholders in the World Anti-Doping Program; 2.1.1.2.2 Legal Status of the WADC; 2.1.1.2.2.1 Contractual Instrument without International Convention Status; 2.1.1.2.2.2 No Direct Effect of the WADC; 2.1.1.3 Fragmentation of Anti-Doping Through National Laws; 2.1.2 International Doping Cases Before CAS; 2.1.2.1 Purpose-Tailored Focus
2.1.2.2 No Universally Accepted Definition of "International"2.1.2.3 Definition for the Purposes of This Book; 2.1.3 Importance of Swiss Law in International Doping Cases; 2.1.3.1 Swiss Law as a Lex Arbitrii and Lex Causae; 2.1.3.2 Decision Not to Adopt a Fully Non-national Perspective; 2.2 Focus on Evidence Under the 2015 WADC; 2.2.1 Evidentiary Regime of the WADC; 2.2.1.1 Approach to "Doping" in the WADC; 2.2.1.1.1 Legal Definition of Doping Evolving Over Time; 2.2.1.1.2 A Catalogue of Anti-Doping Rule Violations; 2.2.1.1.3 Strict Liability Rule
2.2.1.2 Burden and Standard of Proof in the WADC2.2.1.2.1 General Principles; 2.2.1.2.2 Establishing the Anti-Doping Rule Violation; 2.2.1.2.3 Evidentiary Approach to Procedural Defects; 2.2.1.3 Legal Consequences for the Athlete; 2.2.2 Gathering Scientific Evidence through Doping Control; 2.2.2.1 Operational Framework of the WADC Regime; 2.2.2.2 Athlete Whereabouts System; 2.2.2.3 Testing Strategy and Sample Collection; 2.2.2.4 Laboratory Analysis for Prohibited Substances and Methods; 2.2.2.5 Results Management and Investigations; 2.2.2.6 Hearing Process and Disciplinary Decision
2.3 Focus on the Interplay of Science and Law2.3.1 Reflections on the Logic of Anti-Doping Programs; 2.3.1.1 Doping as a "Causal Chain" of Events; 2.3.1.2 Intervention of Anti-Doping Programs into the Causal Chain; 2.3.1.3 Under-Exploited Proximity of Anti-Doping to Other Scientific Fields; 2.3.2 Analytical Science as the Core Source of Scientific Evidence; 2.3.2.1 Artificial "Analytical" Versus "Non-analytical" Divide; 2.3.2.1.1 Current Use of the Terms in the WADC and Practice; 2.3.2.1.2 The Variety of Analytical Evidence; 2.3.2.2 Pragmatic Definition of "Analytical" Cases
2.1.1 Reconciling the Universality of Science with the Locality of Law2.1.1.1 Transnational Realities of Anti-Doping Science; 2.1.1.2 Foundations of Modern International Anti-Doping Efforts; 2.1.1.2.1 Stakeholders in the World Anti-Doping Program; 2.1.1.2.2 Legal Status of the WADC; 2.1.1.2.2.1 Contractual Instrument without International Convention Status; 2.1.1.2.2.2 No Direct Effect of the WADC; 2.1.1.3 Fragmentation of Anti-Doping Through National Laws; 2.1.2 International Doping Cases Before CAS; 2.1.2.1 Purpose-Tailored Focus
2.1.2.2 No Universally Accepted Definition of "International"2.1.2.3 Definition for the Purposes of This Book; 2.1.3 Importance of Swiss Law in International Doping Cases; 2.1.3.1 Swiss Law as a Lex Arbitrii and Lex Causae; 2.1.3.2 Decision Not to Adopt a Fully Non-national Perspective; 2.2 Focus on Evidence Under the 2015 WADC; 2.2.1 Evidentiary Regime of the WADC; 2.2.1.1 Approach to "Doping" in the WADC; 2.2.1.1.1 Legal Definition of Doping Evolving Over Time; 2.2.1.1.2 A Catalogue of Anti-Doping Rule Violations; 2.2.1.1.3 Strict Liability Rule
2.2.1.2 Burden and Standard of Proof in the WADC2.2.1.2.1 General Principles; 2.2.1.2.2 Establishing the Anti-Doping Rule Violation; 2.2.1.2.3 Evidentiary Approach to Procedural Defects; 2.2.1.3 Legal Consequences for the Athlete; 2.2.2 Gathering Scientific Evidence through Doping Control; 2.2.2.1 Operational Framework of the WADC Regime; 2.2.2.2 Athlete Whereabouts System; 2.2.2.3 Testing Strategy and Sample Collection; 2.2.2.4 Laboratory Analysis for Prohibited Substances and Methods; 2.2.2.5 Results Management and Investigations; 2.2.2.6 Hearing Process and Disciplinary Decision
2.3 Focus on the Interplay of Science and Law2.3.1 Reflections on the Logic of Anti-Doping Programs; 2.3.1.1 Doping as a "Causal Chain" of Events; 2.3.1.2 Intervention of Anti-Doping Programs into the Causal Chain; 2.3.1.3 Under-Exploited Proximity of Anti-Doping to Other Scientific Fields; 2.3.2 Analytical Science as the Core Source of Scientific Evidence; 2.3.2.1 Artificial "Analytical" Versus "Non-analytical" Divide; 2.3.2.1.1 Current Use of the Terms in the WADC and Practice; 2.3.2.1.2 The Variety of Analytical Evidence; 2.3.2.2 Pragmatic Definition of "Analytical" Cases