Practice Makes Perfect: An analysis of the World Anti-Doping Code 2009 / John O’Leary. – (International Sports Law Journal (2012) 1-2 : p. 12-20)
Content:
- The changing legal and political landscape
- The need for anti-doping regulation
- Out of Competition Testing
- Strict Liability
- Proof of Doping
- Banned substance
• Enhancing Sport Performance
• Health Risk
- Sanctions
- The Future of Anti-Doping
The 2009 WADA Code contains some important amendments to the 2003 code. The objects of this chapter are twofold: to evaluate the importance of the World Anti- Doping Code (the Code) in the light of a changing legal and political landscape and to evaluate whether the 2009 Code improves on the 2003 model by satisfactorily balancing between the right of individual athletes to complete with the desire on the part of sports governing bodies to regulate effectively against those who seek to avoid anti-doping restrictions.
In this context it is necessary to consider both the legal and the sport regulatory framework because, whether it is considered conceptually as a process of juridification or as an example of legal pluralism, the interaction between law and regulation has become so interwoven that the significance to the athlete of this distinction is practically irrelevant.
Equally, as lawyers are actively involved in both the process of law and regulation, such a distinction might be considered more accurately as the difference between hard and soft law.
