We got the following email after the Semenya decision today in Switzerland. We liked it a lot.
A LRC visitor wrote:
What national court of any description has jurisdiction over the IAAF, an international body which is not based in Switzerland and in a case that does not involve a Swiss National?
Perhaps more significantly, the IAAF moved its headquarters to Monaco to protect itself from any legal action so should be immune from Swiss legal action.
Can you think of any reason why the Swiss Supreme Court should have any influence on the case?
If it does, why did a Russian Court not just reinstate the banned Russian nationals?
I am trying to understand the logic behind this, and why the media have not questioned it? The IAAF have not yet responded.
We imagine the answer as to why the Swiss court might have jurisdiction over CAS is simply because the CAS - which up until this point was viewed as the Supreme Court for athletics - is based in Switzerland.
Here's our follow up question.
Could the IAAF just ignore the ruling and say, "You don't have jurisdiction over us.?"
Clearly if a Russian court just reinstated all of the Russian dopers, the IAAF would ignore it and not send events there. Can the IAAF due that here?