Commentary of the World Anti-Doping Code
Responsable du projet Marjolaine Viret
Collaborateur Emily Wisnosky
Résumé Doping is an ancient phenomenon. However, the fight against doping has become serious and professionalized only in the last two decades. The progress has been fast and spectacular: today athletes are required to provide bodily samples both in- and out-of-competition and to disclose whereabouts information so that they can be tested at any time, anywhere. The anti-doping organizations have created a centralized database containing all the athletes’ personal and physiological data and run sophisticated computer programs on such data to obtain evidence of doping. Law enforcement agencies are increasingly associated with the fight against doping and share the results of their investigations with the sports governing bodies. The World Anti-Doping Agency (WADA) has become the key actor in the fight against doping and acts as a de facto private legislator on the international scene. The WADA has enacted the World Anti-Doping Code (“WADAC”, “WADA Code” or “Code”) which is meant to constitute “the fundamental and universal document” upon which the fight against doping is conducted both by the sports governing bodies and the nation states (the vast majority of which have incorporated the core elements of the Code in their legislation by concluding an international convention to that effect under the aegis of the UNESCO Convention Against Doping in Sports). Such a legal scheme is unprecedented in international law and raises very interesting legal questions as to its legitimacy. Given the severity of the anti-doping regime established by the WADA (in particular that it is based on strict liability, contains evidentiary rules aimed at facilitating proof of doping, includes limited possibilities of exoneration and imposes draconian obligations for the athletes and very serious sanctions), the athletes are increasingly challenging their doping bans. Furthermore, some legal scholars have suggested that the system is becoming unfair towards the athlete. Under the Code, the relevant legal challenges are brought in the Court of Arbitration for Sport (CAS), with a very limited possibility to review the CAS award by filing an action to set aside the award in the Swiss Supreme Court (which is the first indication of the pivotal role played by Swiss law in the international anti-doping legal scene). Such challenges will inevitably raise interesting and complex legal issues that are largely unexplored. Through the proposed analysis of the WADC the applicant seeks to systematically analyze, discuss and criticize the anti-doping regime instituted by the Code. Such analysis will be the basis of a book devoted to all of the legally relevant aspects of anti-doping regulation. The critical analysis of WADA’s work in light of the revision of the WADC that is planned to come into force in 2015, as well as the study of relevant doctrine and case law, will constitute the basis for the publication of the first ever comprehensive work on the legal aspects of the modern anti-doping effort, taking into account not only the legitimate need to strengthen the fight against doping but also the equally important need to ensure that the athletes’ fundamental and procedural rights are duly respected.
Mots-clés Sport; Doping; Law; Arbitration
Page internet http://p3.snf.ch/Project-147134
Type de projet Recherche fondamentale
Domaine de recherche Droit du sport
Source de financement FNS - Encouragement de projets (Div. I-III)
Etat Terminé
Début de projet 1-5-2013
Fin du projet 31-5-2017
Budget alloué 500'000.00
Autre information Blog : http://wadc-commentary.com/
Contact Antonio Rigozzi