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奥运会是体育世界的最高舞台,能够参加奥运会几乎是每一位运动员的梦想,而没能入选奥运会可能被一个运动员视为职业生涯中最严重的挫折。在国际体育仲裁院(CAS)这个“体育世界的最髙法院”建立之后,许多运动员可以将奥运参赛资格争议诉至CAS。CAS也在数十年的仲裁中积累了相当多的案例。纵观CAS的仲裁案,在仲裁奥运会参赛资格案时,CAS大致上遵循以下四项基本原则:尊重专门机构原则、裁量权不得滥用原则、禁反言原则以及参赛资格规则公开透明原则。而这四项原则可以归结为一个基本理念,即正当程序。
The Olympic Games are the highest stage in the sports world. Being able to participate in the Olympics is almost every athlete’s dream. Being unable to qualify for the Olympic Games may be regarded by one athlete as the most serious setback in his career. After the International Sports Arbitration Institute (CAS) was established, the “Most Wanted Court for the Sports World,” many athletes vied with CAS to contest their Olympic eligibility. CAS has also accumulated a considerable number of cases in decades of arbitration. Throughout the CAS arbitration case, CAS generally follows the following four basic principles when it comes to the qualification for the Olympic Games: Respect for the principles of the specialized agencies, the principle of non-abuse of discretion, the principle of estoppel, and the principle of openness and transparency of eligibility rules. These four principles can be summed up as a basic concept, that is due process.