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Commentary of the World Anti-Doping Code
Titre du projet
Commentary of the World Anti-Doping Code
Description
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.
Chercheur principal
Statut
Completed
Date de début
1 Mai 2013
Date de fin
31 Mai 2017
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Identifiant interne
18746
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Mots-clés
7 Résultats
Voici les éléments 1 - 7 sur 7
- PublicationMétadonnées seulement
- PublicationMétadonnées seulement
- PublicationMétadonnées seulementNeuerungen im Welt Anti-Doping Code 2015(2014)
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- PublicationMétadonnées seulementDoes the World Anti-Doping Code Revision Live up to its Promises? A Preliminary Survey of the Main Changes in the Final Draft of the 2015 WADA Code(2013-11-11)
; ; Du 12 au 15 novembre 2013 se déroulera, à Johannesburg, la 4è Conférence mondiale sur le dopage et le sport. Dans le cadre de celle-ci, le nouveau Code mondial antidopage (2015 WADA Code) devrait être adopté. Cet article retrace les étapes du processus de consultation qui a abouti au projet final et met en lumière les principales innovations qu'il contient. Les auteurs examinent si et dans quelle mesure les objectifs proclamés au cours du processus de révision ont été atteints. Un regard critique sera aussi porté sur certaines modifications, notamment lorsque leur application pratique paraît problématique. La table en annexe montre l'évolution des articles clés du Code au fil des quatre versions. - PublicationMétadonnées seulementBreaking Down the Process for Determining a Basic Sanction Under the 2015 World Anti-Doping Code(2015-6-2)
; ; An Athlete’s fault is one of the core issues for determining the applicable period of Ineligibility under the sanctioning regime of the World Anti-Doping Code. Nevertheless, the issue is seldom addressed in a detailed and comprehensive manner that would provide a genuine insight into the role of fault in this context. This article proposes a process to determine the length of the initial period of Ineligibility associated with the basic sanction for anti- doping rule violations involving the presence of a Prohibited Substance under the 2015 World Anti-Doping Code. The authors first examine the interplay between the familiar concept of ‘‘No (Significant) Fault or Negligence ’’ on the one hand, and the newly introduced concept of ‘‘intentional’’ on the other hand, advocating a mutually exclusive understanding of these two concepts for the purposes of determining a basic sanction. Based on this understanding, the article proposes a process for determining the appropriate length of period of Ineligibility for both Specified and non-Specified Substances under the 2015 World Anti-Doping Code. Throughout the discussion, the article presents comparisons to the approach taken in earlier versions of the World Anti-Doping Code, illustrated through an analysis of past Court of Arbitration for Sport awards, to demonstrate the coherence of the proposed method and evaluate how it will function in practice. - PublicationMétadonnées seulementLatest Changes to the 2015 WADA Code – Fairer, Smarter, Clearer… and not quite Finished [Addendum to the Article: «Does the World Anti-Doping Code Revision Live up to its Promises? A Preliminary Survey of the Main Changes in the Final Draft of the 2015 WADA Code»](2014-1-20)
; ; In this addendum to their Preliminary Survey published in November 2013 that discussed the key changes in the 2015 WADA Code revision, the authors present and analyse three lastminute amendments that were made to the final draft of the Code eventually approved. These three amendments are of significance, since they touch, in particular, upon the treatment of social drugs in anti-doping.