The World Anti-Doping Code 2015 : ASSER International Sports Law Blog symposium / Antoine Duval, Herman Ram, Marjolaine Viret, Emily Wisnosky, Howard L. Jacobs, Mike Morgan. – (International Sports Law Journal 16 (2016) 1 (July) : page 99-117). - DOI: 10.1007/s40318-016-0097-9
Abstract:
This article brings together the contributions to a blog symposium on the new World Anti-Doping Code 2015 published on the ASSER International Sports Law Blog in October 2015. The contributions cover a variety of subjects, including the new sanctioning regime, the role of national anti-doping authorities, the working of therapeutic use exemptions and the increasing role played by the notion of intent under the WADC 2015.
Content:
1. Introduction
1.1 The WADA and its code: a schort history
1.2 Making the code 2015: the legislative process
1.3 The blog symposium on the WADA code 2015
2. The impact of the revised WADC on the work of NADOs
2.1 Introduction
2.2 Sanctions
2.3 Proportionality and human rights
2.4 Investigation and intelligence
2.5 Athlete support personnel (ASP)
2.6 Smart testing and analyzing
2.7 International federations and NADOs
2.8 A clearer and shorter code
2.9 Miscellaneous
3. The “Athlete Patient” and the 2015 Code: competing under medical treatment
3.1 Introduction
3.2 Obtaining clearance to compete – therapeutic use exemptions and conditional prohibitions
3.2.1 Amendments to procedural requirements for granting a TUE
3.2.2 Amendments to substantive requirements for granting a TUE
3.2.3 Transparency for conditionally prohibited substances
3.3 Sanctons for legitimate medical treatment without a TUE
3.4 Conclusion – remember health considerations behind anti-doping
4. “Proof of intent (or lack thereof) under the 2015 World Anti-Doping Code”
4.1 Why intent matters under the 2015 World Anti-Doping Code
4.2 How will the NADO/IF prove “intent” in cases involving “specified substance”
4.3 How does the athlete prove “no intent” in cases not involving “specified substances”?
5. Conclusion
6. Ensuring proportionate sanctions under the 2015 WADA Code
6.1 Introduction
6.2 Context
6.2.1 The Katrin Krabbe case
6.2.2 Specified substances
6.2.3 The rise and fall of “aggravating circumstances”
6.2.4 Proportionality
6.3 Comment
6.4 Concluding remark
