Abstract
This introductory Chapter describes the background to this book, as well as the author’s motivations in researching and writing about the topics discussed herein. It provides an outline of the goals of the analysis, its scope and its value to the reader.
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Notes
- 1.
On the fact-based nature of CAS arbitration, and international arbitration in general, see Sect. 8.1 below.
- 2.
For examples, see David 2013, p. 147.
- 3.
Doping Control is defined in Appendix 1 (Definitions) of the WADC as “All steps and processes from test distribution planning through to ultimate disposition of any appeal including all steps and processes in between such as provision of whereabouts information, sample collection and handling, laboratory analysis, TUEs, results management and hearings”.
- 4.
We thus use the term as in Murphy and Glover 2011, p. 2. Twining, p. 192 et seq., shows the multiple ways in which the term “law of evidence” can be understood.
- 5.
See Sect. 2.1 below.
- 6.
Dwyer 2008, p. 219, characterises this phenomenon as a general “fact aversion”, linked with the focus of the legal curriculum on law issues, to the expense of fact issues; on the study of proof as a generally neglected field of study under Swiss law, Berger-Steiner, p. 108, in particular due to the field being situated at the juncture of substantive and procedural law; for a similar criticism in the perspective of the evaluation of scientific evidence in a forensic context, Vuille 2011, p. 442.
- 7.
Murphy and Glover 2011, p. 2.
- 8.
Vuille 2011, p. 442.
- 9.
Leclerc 2012, p. 58; Murphy and Glover 2011, p. 2; Anderson et al. 2005, p. 78.
- 10.
For some tentative explanations, see Dwyer 2008, p. 218 et seq.
- 11.
On the use of the terms in logic, see Engel 1982, p. 9 et seq.
- 12.
For an overview, see Rigozzi et al. 2014a, and, more extensively, Rigozzi et al. 2013b.
- 13.
On the principles applied in international sports arbitration, see Sect. 3.1 below.
- 14.
For a seminal work on the study of evidence, see Twining 2006, in particular p. 197 et seq., outlining the reasons for the particularities of common law jurisdictions in treating evidence.
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Viret, M. (2016). Introduction. In: Evidence in Anti-Doping at the Intersection of Science & Law. ASSER International Sports Law Series. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-084-8_1
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