A Critical Analysis of the Legal Effects of the World Anti-doping Code
79 Pages Posted: 8 Aug 2019
Date Written: July 11, 2014
This dissertation examines the World Anti-Doping Code and the legal effects which have arisen from its fight against doping sport. The issue of doping is more prevalent than ever, with academics from all over the world discussing whether the Code is effective in its aims of preventing and punishing doping in sport. The purpose of this dissertation is to analyse the Articles of the Code which have the greatest legal effect on the athlete, who is subject to them. It will examine the discussion that the Code is in the guise of a criminal justice mechanism, through the use of certain methods like strict liability and the burden of proof which is applied. It will also discuss how the Code is trying to balance its aims with the rights of the individual athlete, in order to be coherent and applicable in many jurisdictions. The Code will need to continue to reform in the future with collaboration with national governments to ensure that athletes are discouraged from doping, with criminal sanctions a real possibility.
Ultimately, this dissertation will show that the current legal effects of the Code are an effective way to fight against doping, however they may need to be strengthened in the future through national legislation, which could help with the prevention and punishment of doping.
The methodology for this piece will be mainly looking at black letter law; case law from the Court of Arbitration for Sport and articles of the World Anti-Doping Code. There is also secondary research, with analysis of legal academics’ views on the World AntiDoping Code.
Keywords: Doping, WADA, Law, Criminal, Fraud, Sport
JEL Classification: K14, K00, Z2, Z20, Z28, Z29, K10, K19
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