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Therapeutic Use Exemption (TUE) Criteria Of Anti-doping System

Posted on:2013-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiFull Text:PDF
GTID:2256330401451000Subject:International law
Abstract/Summary:PDF Full Text Request
China, as the host of the2008Olympics and a sports powerhouse, has alwaystaken an iron hand in the combat against doping, striving to eradicate this hazard. Yetthe existence of Strict Liability principle renders athletes in many cases to sufferunreasonable punishment, particularly when they were taking drugs for therapeuticuse only to find themselves getting entangled in doping problems. Thus how to takedifferentiated and appropriate measures in the crackdown is of utmost importance in`the solution the anti-doping systems are seeking for.Therapeutic Use Exemptions (TUE) is one of the five international standardsunder the World Anti-Doping Agency (WADA). TUE specifies whether players canbe exempted from punishment when they have tested positive for doping test fortaking therapeutic drugs. People become aware of that in practice, resorting topunishment the minute prohibited substances are spotted is too hasty and rather unfairsince certain therapeutic drugs inevitably leave doping substances in the body whilenot necessarily bringing out exceeding performance. Therefore, TUE rule came intobeing. Still there are also many irreconcilable contradictions and problems in TUE,which the author will later explore in the paper, hoping to contribute to the work ofanti-doping.Firstly, the author introduces the definition of Therapeutic Use Exemptions(TUE); secondly, through three cases, the author elaborates on the TUE criteria andthe rationale of the choice of cases, which is the origination of TUE criteria (the firstcase involving the therapeutic use exemption) and development of TUE (two casesapplying TUE criteria to overturn doping penalties, one is a success and the otherfails); Thirdly, the specific contents of TUE criteria are divided into categories andrelated key aspects are thoroughly analyzed to delve into its theoretical basis; lastly,the author employs means such as case statistics, and summarization analysis todiscuss the application of TUE criteria and its effects in the cases from internationaland domestic aspects, patches together all the problems scattered in different chaptersreferring to TUE implementation, thus generates conclusion and supplementarymethods.This paper aims to introduce and analyze Therapeutic Use Exemption (TUE) tofurther the improvement of the anti-doping system, in the meantime comparing with relevant rules in China’s system so as to provide insights on catching up with theworld anti-doping system.
Keywords/Search Tags:Anti-doping, Therapeutic use exemptions (TUE), TUE internationalstandards
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