Court of Arbitration for Sport (CAS) upholds IAAF's Eligibility Regulations for Female Classification (DSD Regulation) challenged by the athlete Caster Semenya and Athletics South Africa

Hans Nater acted as Arbitrator on the CAS Panel that had to rule on a case whose conundrum lay in the imperfect alignment between nature, law and identity. The Panel found that – after emphasising its judicial role and the limits of that role – the DSD Regulations are discriminatory but that such discrimination is a necessary, reasonable and proportionate means of achieving the legitimate objective of ensuring fair competition in female athletics. Nevertheless, the Panel expressed serious concerns about the future practical application of the DSD Regulations. The CAS Award has been challenged before the Swiss Federal Supreme Court, which has not yet ruled on the merits but has dismissed the request for suspensive effect.