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 |