A Critical Analysis of Article 4.3 of the World Anti Doping Code / Steve Cornelius. – (International Sports Law Journal (2012) 3-4 : p. 3-7)
Content:
1.) Introduction
2.) Prohibited List
3.) Can the Prohibited List be Challenged?
4.) The Way Forward
5.) Conclusion: Proposed Amendments
This article provides a critical analysis of article 4.3 of the Code and questions whether the Prohibited List can be challenged on the grounds that one or more of the substances or methods have been inappropriately classified in terms of article 4.3 and should therefore not be included on the Prohibited List. This article does not address issues relating to the prudence or desirability to include or not to include any particular substance or method on the Prohibited List. It merely highlights flaws in the drafting of article 4.3, warns of a potential basis on which WADA and the Prohibited List can be challenged and proposes ways to deal with this risk.
