Doping in Sport and the Law

Description

This unique international legal and cross-disciplinary edited volume contains analysis of the legal impact of doping regulation by eminent and well known experts in the legal fields of sports doping regulation and diverse legal fields which are intrinsically important areas for consideration in the sports doping landscape. These are thoughtful extended reflections by experts on theory and policy and how they interact with law in the context of doping in sport. It is the first book to examine the topical and contentious area of sports doping from a variety of different but very relevant legal perspectives which impact the stakeholders in sport at both professional and grass roots levels. The World Anti-Doping Code contains an unusual mix of public and private regulation which is of more general interest and fully explored in this work. Each of the 14 chapters addresses doping regulation from a legal perspective such as tort, corporate governance, employment law, human rights law, or a scientific area. Legal areas are generally considered from an international and not national perspective. Issues including fairness, logic and the likelihood of compliance are explored. It is vital reading for anyone interested in the law, regulation and governance of sport. Foreword Contents Contributors TABLE OF CASES TABLE OF LEGISLATION TABLE OF CODES AND POLICIES TABLE OF INTERNATIONAL INSTRUMENTS Part I:
The Evolution of theWorld Anti-Doping Code 1.
The Myth of the Level Playing
Field in Sport The Special Place of Sport in the Community Illicit Substances in the Community Background to this Book Doping Regulation: Review of the Basic Assumptions The Goal of the Level Playing Field The Code as Regulation Remaining Chapters Conclusion 2.
Revising the World Anti-Doping Code Background to the World Anti-Doping Code 2015 The Cannabis Challenge Rethinking the Prohibited List Rethinking the Consequences Summary Standard Sanctions for Athletes Reduced Sanctions for Athletes Athlete Support Person Prohibited Association Assisting in Violating the Prohibition against Participation Automatic Investigations against ASP Strengthening the Role Model Obligations of ASP Access to Justice Exception: Exclusion of All Judicial Protection Concentration of Jurisdiction at CAS Scope of Review From a Quantitative to a Qualitative Anti-doping Policy Part II:
The World Anti-Doping Codeand the Athletes 3. ‘Do What I Say, Not What I Do’: Is This the ‘Play True’ Reality of the World Anti-Doping Code? Introduction—The World Anti-Doping Code: ‘Play True’ and ‘Olympism’ The Australian Crime Commission Sees its Charter as Overlooking Fair Play in Australian Sport The Australian Sports Anti-Doping Authority Amendment Bill 2013 (Cth) The ASADA Peptides Saga Players Being Compelled to Answer an ASADA Investigation Conclusion: A Quasi-criminal Future? 4.
The World Anti-Doping Code
and Contract Law Introduction The 2015 Code as a Contract The Code’s Operation as a Contract
Binding on Signatories Legal Effect upon Sporting Organisations Other than as a Contract The Code as a Binding Contract for Athletes A Possible Non-contractual Basis for Enforcing the Code Interpreting the Code Conclusions 5. Human Rights and the Anti-Doping Lex Sportiva— The Relationship of Public and Private International Law, ‘Law Beyond the State’ and the Laws of Nation States Introduction The Anti-Doping Regime as an Example of the Interaction of Formal Law-Making and \u2018Informal\u2019 Law-Making beyond the State The Legal Framework of the Anti-Doping Regime and the Relevance of Human Rights Law International Human Rights Obligations: Their Nature, Scope and Application to the Anti-Doping in Sports Regime The Private International Law and Arbitration Framework: Restrictions on the Challenges to Review The Infusion of the Anti-Doping Regime by Human Rights Norms and Values The Right to a Fair Hearing and the Anti-Doping Regime WADA’s Proactive and Pre-emptive Moves on Issues of Human Rights Compatibility: Embracing Human Rights Standards and Scrutiny or Attempts to Limit Scrutiny ? Conclusion Part III:
The World Anti-Doping Code:Procedural Questions 6.
Issues in the Gathering and Use
of Non-analytical Evidence to Prove
Anti-Doping Rule Violations Background Evidence and the 2015 Code Application of the Code in the Australian Context Enhanced Legislative Power of ASADA to Investigate ADRVs Issuing a Disclosure Notice The Scope of a Disclosure Notice Compelling Attendance at ADRV Hearings Conclusion 7.
Hearing Anti-Doping Cases
in New Zealand Introduction New Zealand—Anti-Doping Regime
Before the Code Early Statutory Process Under the New Zealand Sports Drug Agency Act 1994 (NZ) Legislative Change to the System The Current Legislative Scheme Sports Tribunal Hearings Under the Sports Anti-Doping Act 2006 (NZ) The Sports Tribunal: Composition and Statutory Powers Composition of the Tribunal Sports Tribunal Procedural Rules Anti-Doping Cases Before the Sports Tribunal Review of the Tribunal’s Work Some Key Elements Challenges Ahead 8.
Doping in Sport: What Role
for Administrative Law? Challenging Doping Decisions in Australia Challenging Doping Decisions at an International Level Conclusions Part IV:
The World Anti-Doping Code:Obligations and Liability 9. Modern-Day Gladiators: The Professional Athlete Employment Relationship Under the World Anti-Doping Code Focus on the Australian Experience Team Sport as Special Employment Arthur: Player Misconduct Barry: Victim of Experimentation by Coaches and Medical Advisers Remedies? What Should Clubs Have Done? ‘Systems Failure’ Workplace Health and Safety Legislation What Should Clubs Do to Meet their Employment Law Obligations? Conclusion 10.
Doping as Tort: Liability
of Sport Supervisors
and the Problem of Consent Introduction Tortious Liability for Doping within or Outside WADA The Harm Negligence The Standard of Care Defences to Negligence and Consent Conclusion Part V:
The World Anti-Doping Codeas Regulation: Governanceand Compliance 11.
Governance and Anti-Doping:
Beyond the Fox and the Hen House Introduction WADA Conclusion 12.
The Chimera of Compliance with the World Anti-Doping Code Introduction From International Regulation to Individual Compliance The Practice of Compliance Understanding of and Compliance with the Code Drug Decisions 13.
The Juridification and Criminalisation
of Doping: Time to Revive
the Spirit of Sport? Introduction Juridification: An Introduction The Juridification of Sporting Disputes: An Explanation The Juridification of Sporting Disputes: The Consequences Juridification of Doping in Sport:
The Next Step— Criminalisation? Conclusion 14.
The Commercial Rationale
of the World Anti-Doping Code Introduction Sport, Politics and Money The WADA: An Historical and Structural Analysis Olympic ‘Sports Product’
and Commercial Satisfaction Conclusion Appendix Index