CATTI备考笔记 | 国际体育仲裁法庭宣布孙杨禁赛8年

北京时间2月28日17时，国际体育仲裁法庭（CAS）公布了“世界反兴奋剂机构（WADA）诉孙杨和国际泳联案听证会”的裁决书，孙杨被禁赛八年，即日起生效。

现场，秘书长在国际体育仲裁法庭总部向媒体发表简短声明，并亲自宣布裁决结果。

此次裁决结果出炉之后并不是最终的结果，孙杨在30天内还可以就国际体育仲裁法庭仲裁结果上诉至瑞士联邦最高法院。

我们一起来分析秘书长的发言~小伙伴们可以自己先做下练习，再看分析~

整体阅读

Lausanne, 28 February 2020 - The Court of Arbitration for Sport (CAS) has upheld the appeal filed by the World Anti-Doping Agency (WADA) against the Chinese swimmer Sun Yang and the Fédération Internationale de Natation (FINA). As a consequence, Sun Yang (the Athlete) is sanctioned with an eight-year period of ineligibility, starting on the date of the CAS award.

Following a conflictual anti-doping test at the residence of Sun Yang in September 2018 which resulted in the testing not being completed, the matter was initially referred to the FINA Doping Panel (FINA DP) which found that the International Standard for Testing and Investigations (ISTI), the protocol adopted by the World Anti-Doping Agency (WADA) for the conduct of doping controls, had not been properly followed. Therefore, the FINA DP invalidated the sample collection. As a consequence, the FINA DP determined that the athlete had not committed an anti-doping rule violation.

WADA filed an appeal at CAS against that decision, asserting that Sun Yang had voluntarily refused to submit to sample collection and requesting that a period of ineligibility between a minimum 2 years and maximum 8 years be imposed on him.

The arbitration on appeal was referred to a panel of CAS arbitrators, composed of Judge Franco Frattini (Italy), President, Mr Romano F. Subiotto QC (Belgium/UK) and Prof. Philippe Sands QC (UK), which held a hearing on 15 November 2019. Further to the parties’ request, the hearing was conducted in public.

The CAS Panel unanimously determined, to its comfortable satisfaction, that the Athlete violated Article 2.5 FINA DC (Tampering with any part of Doping Control). In particular, the Panel found that the personnel in charge of the doping control complied with all applicable requirements as set out in the ISTI. More specifically, the Athlete failed to establish that he had a compelling justification to destroy his sample collection containers and forego the doping control when, in his opinion, the collection protocol was not in compliance with the ISTI. As the Panel noted, it is one thing, having provided a blood sample, to question the accreditation of the testing personnel while keeping the intact samples in the possession of the testing authorities; it is quite another thing, after lengthy exchanges and warnings as to the consequences, to act in such a way that results in destroying the sample containers, thereby eliminating any chance of testing the sample at a later stage.

Considering that, in June 2014, the Athlete was found guilty of a first anti-doping rule violation (ADRV), the Panel concluded that, in accordance with Article 10.7.1 FINA DC, an eight-year period of ineligibility, starting on the date of the CAS award, has to be imposed on the Athlete for this second ADRV.

Considering 1) that FINA refrained from seeking the imposition of a provisional suspension on the Athlete when charging him with an anti-doping rule violation, 2) that doping tests performed on the Athlete shortly before and after the aborted doping control in September 2018 were negative, and 3) that in the absence of any evidence that the Athlete may have engaged in doping activity since 4 September 2018, including on the occasion of the FINA World Championships in Gwangju, South Korea in July 2019, the results achieved by the Athlete in the period prior to the CAS award being issued should not be disqualified.

The Arbitral Award will be published on the CAS website in a few days, unless the parties agree that it should remain confidential.

分段分析

 Lausanne, 28 February 2020 - The Court of Arbitration for Sport (CAS) has upheld the appeal filed by the World Anti-Doping Agency (WADA) against the Chinese swimmer Sun Yang and the Fédération Internationale de Natation (FINA). As a consequence, Sun Yang (the Athlete) is sanctioned with an eight-year period of ineligibility, starting on the date of the CAS award.

uphold

uphold = to agree that a previous decision was correct or that a request is reasonable 维持，确认（原判，裁决等）

To uphold an appeal 维持原判

Sanction

a. 制裁(n)

Trade sanctions were imposed against any country that refused to sign the agreement.

凡拒签该协议的国家均受到贸易制裁

Impose sanction on…. 对….实行制裁

b. 批准，认可(v)

If someone in authority sanctions an action or practice, they officially approve of it and allow it to be done.

He may now be ready to sanction the use of force.

他或许现在正准备批准使用武力

Ineligibility

The quality or state of being ineligible 不合格，不适任，无备选资格

近义词：qualification

反义词：eligibility

The people’s jurors participate in court trials. Except for ineligibility for serving as presiding judge, they share equal rights with other judges according to law.

人民陪审员参加人民法院的审判活动，除不得担任审判长外，与法官具有同等的权利。

可积累的表达

国际体育仲裁法庭 the Court of Arbitration for Sport

世界反兴奋剂机构 the Wold Anti-Doping Agency

被判定 be sanctioned with

仲裁裁决 arbitral award

Following a conflictual anti-doping test at the residence of Sun Yang in September 2018 which resulted in the testing not being completed, the matter was initially referred to the FINA Doping Panel (FINA DP) which found that the International Standard for Testing and Investigations (ISTI), the protocol adopted by the World Anti-Doping Agency (WADA) for the conduct of doping controls, had not been properly followed. Therefore, the FINA DP invalidated the sample collection. As a consequence, the FINA DP determined that the athlete had not committed an anti-doping rule violation.

Invalidate

My theory actually invalidated someone else’s.

而我的理论也让别人的理论无效了。

The court will invalidate her votes.

法庭会宣判她的选票无效。

Commit

a. commit a crime, to do sth wrong or illegal 做出（错或非法的事）

Most crimes are committed by young men.

多数罪行都是年轻人犯下的。

b. to promise sincerely that you will definitely do sth, keep to an agreement or arrangement 承诺，保证

The President is committed to reforming health care.

总统承诺要改革卫生保健制度。

政府工作报告中经常出现这个词，我们一起来看看：

坚定不移贯彻新发展理念，坚决端正发展观念、转变发展方式，发展质量和效益不断提升。

We have remained committed to the new development philosophy, adopted the right approach to development, and endeavored to transform the growth model.

坚持照镜子、正衣冠、洗洗澡、治治病的要求

We have committed to “examining ourselves in the mirror, tidying our attire, taking a bath, and treating our ailments

可积累的表达

Doping control 兴奋剂检测

Conduct doping control 进行兴奋剂检测

Sample collection 样本采集

WADA filed an appeal at CAS against that decision, asserting that Sun Yang had voluntarily refused to submit to sample collection and requesting that a period of ineligibility between a minimum 2 years and maximum 8 years be imposed on him.

File

To present sth so that it can be officially recorded and dealt with 提起，提出，递交

File a claim 提出索赔

File a complaint 提出申诉

File a lawsuit/file an appeal 提起诉讼

File for divorce 提起离婚

I filed for divorce a few months later.

几个月后我提起了离婚。

The arbitration on appeal was referred to a panel of CAS arbitrators, composed of Judge Franco Frattini (Italy), President, Mr Romano F. Subiotto QC (Belgium/UK) and Prof. Philippe Sands QC (UK), which held a hearing on 15 November 2019. Further to the parties’ request, the hearing was conducted in public.

Arbitration

The official process of settling an argument or a disagreement by sb who is not involved

仲裁，公诉

Both sides in the dispute have agreed to go to arbitration.

争执双方已同意提请仲裁。

The matter is likely to go to arbitration.

这件事可能要交付仲裁。

从两个例句中我们可以看出常见的用法：go to arbitration, 交付仲裁，提请仲裁

可积累的表达

Hold a hearing 举办听证会

In public 公开地

The CAS Panel unanimously determined, to its comfortable satisfaction, that the Athlete violated Article 2.5 FINA DC (Tampering with any part of Doping Control). In particular, the Panel found that the personnel in charge of the doping control complied with all applicable requirements as set out in the ISTI. More specifically, the Athlete failed to establish that he had a compelling justification to destroy his sample collection containers and forego the doping control when, in his opinion, the collection protocol was not in compliance with the ISTI. As the Panel noted, it is one thing, having provided a blood sample, to question the accreditation of the testing personnel while keeping the intact samples in the possession of the testing authorities; it is quite another thing, after lengthy exchanges and warnings as to the consequences, to act in such a way that results in destroying the sample containers, thereby eliminating any chance of testing the sample at a later stage.

Tamper

To make changes to sth without permission, especially in order to damage it. 篡改，擅自改动

常见的用法：tamper with sth.

Someone had obviously tampered with the brakes of my car.

显然有人鼓捣过我汽车的刹车。

in charge of

我们要注意in charge of和in the charge of的区别。从语言形式上看，虽然只有一个the的差别，但是意思差很多。

In charge of表示“负责，管理”，而in the charge of则表示“由…负责，由…掌管”，即“被管理”。

Someone is put in charge of the work. 

这项工作由专人负责。

The ward of the hospital is in the charge of Dr.Green. 医院的这间病房由格林医生负责

（病房被格林医生管理）

Justification

A good reason why sth exists or is done 正当理由

I can see no possible justification for any further tax increases.

我看不出还能提出什么理由来进一步加税了。

所以其实这个词表达的本质意思和reason很像。

这个词的动词是Justify。可能比较难理解，我们来看看它的英文释义：

Justify sth. = show/prove sth that is resonable or necessary. 证明…有道理

所以justifiable我们可以直接理解为reasonable, 合理的

No argument can justify a war.

没有任何理由能证明一个战争有理。

The violence of the revolutionary years was justifiable on the grounds of political necessity.

出于政治需要的立场，革命年代的暴力行为是无可非议的。

把这个句子中的Justifiable换成reasonable，是不是更好理解了呢~

Accreditation

这个词看着觉得很眼熟，也大概知道是什么意思，但是要翻译就感觉有点难了。

我们来看它的英英释义：official approval given by an organization stating that sb/sth has achieved a required standard. 达到标准，证明合格

所以它的本质意思就是approval， 通过，合格

A letter of accreditation 一份合格证明书

可积累的表达

Comply with = in compliance with 符合，与…一致

Have a compelling justification 令人信服的理由

Considering that, in June 2014, the Athlete was found guilty of a first anti-doping rule violation (ADRV), the Panel concluded that, in accordance with Article 10.7.1 FINA DC, an eight-year period of ineligibility, starting on the date of the CAS award, has to be imposed on the Athlete for this second ADRV.

可积累的表达

Anti-doping rule violation 违反兴奋剂使用规定

In accordance with = in compliance with = comply with 照做，遵守

An eight-year of ineligibility 禁赛八年

Considering 1) that FINA refrained from seeking the imposition of a provisional suspension on the Athlete when charging him with an anti-doping rule violation, 2) that doping tests performed on the Athlete shortly before and after the aborted doping control in September 2018 were negative, and 3) that in the absence of any evidence that the Athlete may have engaged in doping activity since 4 September 2018, including on the occasion of the FINA World Championships in Gwangju, South Korea in July 2019, the results achieved by the Athlete in the period prior to the CAS award being issued should not be disqualified.

The Arbitral Award will be published on the CAS website in a few days, unless the parties agree that it should remain confidential.

Refrain

Refrain from sth / refrain from doing sth.

克制，节制，避免

To stop yourself from doing sth, especially sth that you want to do

Please refrain from smoking. 请勿吸烟

Provisional

Arranged for the present time only and likely to be changed in the future 临时，暂时

近义词：temporary

A provisional government 临时政府

Provisional arrangements 暂时性安排

These times are provisional and subject to confirmation.

这些期限是暂定的，还有待确认。

Aborted

If someone aborts a process, plan, or activity, they stop it before it has been completed.

中途放弃

When the decision was made to abort the mission, there was great confusion.

中途放弃这次任务的决定引起了严重混乱。

Disqualify

To prevent sb from doing sth because they have broken a rule or are not suitable

使不合格，使不适合，取消某人的资格

He was disqualified from the competition for using drugs.

他因违禁药被取消比赛资格。

You could be disqualified from driving for up to three years.

你可能会被取消驾驶资格达三年之久。

可积累的表达

Perform a doping test 进行兴奋剂检测

Conduct doping control 进行兴奋剂检测

In the absence of… 缺乏….

Arbitral award 仲裁裁决

好啦，今天的学习就到这里，下期再见！

文章来源：国际体育仲裁法庭

文章编辑：Alisa

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