Abstract
Disqualified athletes and their nationalistic supporters tend to be highly critical of the regime of sanctions for violations of the international law of sports, and specifically of the Court of Arbitration for Sport (CAS). The author maintains that CAS promotes public policy and favours fair competition, not the opposite, and that those who condemn CAS tend to be unacquainted with the facts and irresponsible in failing to explain how they would propose to remedy the chaos which would ensue if CAS were suddenly to disappear.
This article is an abbreviated version of a keynote speech given by the author on 22 September 2015 in Berlin at a joint DIS/CAS conference. It was first published in the SchiedsVZ—German Arbitration Journal (Issue 6/2015). It is reprinted in this volume with the kind permission of the Verlag C.H. Beck.
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Notes
- 1.
SFT 119 II 271.
- 2.
SFT 129 III 445.
- 3.
CAS 2004/A/714 & 718, Fazeckas v. IOC, Awards of 31 March 2005.
- 4.
CAS 2007/A/1394, Floyd Landis v. USADA, Award of 30 June 2008.
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Paulsson, J. (2016). Assessing the Usefulness and Legitimacy of CAS. In: Duval, A., Rigozzi, A. (eds) Yearbook of International Sports Arbitration 2015. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-129-6_1
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DOI: https://doi.org/10.1007/978-94-6265-129-6_1
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