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Openai/6923772e-905c-8010-9104-b8d007833c93
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===== 1. Textual: - The rule bans actions: “using”, “sending”, “receiving”. - The rule does not speak of mere possession. ===== # Systematic: - Rule sits in a section regulating boat construction and fixed devices. - Smartwatches worn on the body are allowed; this contradicts a general ban on “connected devices.” # Teleological: - Purpose is to prevent advantage through active communication, not to impose a strict ban on carrying a phone. # Historical: - Evidence showed WR wanted an enforceable standard, but never drafted a possession ban. # Customary practice: - WR argued “everyone knows” phones are banned. - CAS rejected this—custom cannot substitute for a clear legal rule (nulla poena sine lege clara). ➡ CAS held: the rule does NOT prohibit mere possession of a mobile phone. ➡ A violation occurs only if actual communication or exchange of non-allowable data is proven. 10882_Arbitral_Award__for_publ._
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