The adoption of the Code, and its interpretation and application by the Court of Arbitration for Sport, has brought about great changes in sports law.
This book provides a guide to the Code, illustrated through summaries of decisions by the Court of Arbitration for Sport and national level tribunals which show the Code in operation. It will assist all those involved in sport, whether as administrators, coaches or players, together with those who advise in the area and those interested in the operation of the current anti-doping regime.
The book also explains the Amendments to the Code agreed in which are scheduled to come into force by January The Best Books of Check out the top books of the year on our page Best Books of Looking for beautiful books?
Visit our Beautiful Books page and find lovely books for kids, photography lovers and more. Table of contents Introduction; 1. The development of principles relating to anti-doping regimes: The deterrent effect of the Code in respect of doping remains questionable. A related anomaly pertains to the potential criminal liability of not only the athlete him- or herself, but also of the coaches, medical doctors and others involved in the doping process.
Principles of criminal liability which come to fore are inter alia, the crime of fraud, aiding and abetting as well as the doctrine of participation. Ioannidis correctly opines that establishing a criminal framework for doping in sport achieves those elements which are currently missing from the sporting governing bodies' regulatory disposition which are certainty, consistency and transparency Ioannidis supra Ioannidis 15 in addition note that the purpose of a criminal framework: Criminal sanctions should also pertain to those who encourage and assist an athlete with the use of the prohibited substances.
Athletes may perhaps not have the necessary medical knowledge to assess the dosage or the most appropriate time for receiving these substances and will inadvertently turn to doctors or coaches for advice which in turn exacerbates the need for criminalising the conduct of such persons assisting the athlete Ioannidis supra The regulatory framework currently in place will in all probability be effective in the case of individual transgressions due to the principle of strict liability prevailing, but will be less successful in unveiling the organised crime of doping underlying the system of doping in sport.
The main advantages of criminalising doping are certainty, independent and transparent proceedings and consistence see "Making doping criminal - the Austrian 'sports fraud' provision and general thoughts on criminalizing doping" in Sport and the Law at http: Criminalising doping will, in addition, have the added benefit of public prosecution which entails that doping transgressions will be investigated more effectively due to enhanced legal backing and manpower of the prosecuting authority Making doping criminal 2.
Such legislation should obviously be drafted with due regard to the Code and as such the legislation could complement the Code. The adoption of such legislation is intended to reflect the important role sport plays in society and in citizen's lives. The legislation will also have to take into account the enormous public interest in sport as a means of promoting health and the vital role that sport plays in improving the health of a nation.
Doping destroys the spirit and purport of sport and will inadvertently result in society losing interest in sport due to the fundamental principle of fair play being diminished.
Despite the vital role of WADA in the ultimate struggle against doping, doping violations in sport remains an inescapable reality. The latter can be achieved by means of a statutory framework in terms of which athletes or other persons, who have committed anti-doping transgressions will be prosecuted in terms of the criminal law regime and if found guilty, sentenced according to prescribed statutory sentences. Such legislation should in addition, punish doping on all levels as it is clear that doping is more often than not, a multi-layered programme stretching beyond merely the athlete doping him or herself.
Fair play in sport means fairness in all respects.
Athletes gaining unfair advantages to other athletes due to the use of performance enhancing substances, need to be prosecuted and punished appropriately as such conduct not only destroys the spirit of sport, but could also prove detrimental to the athlete as well. In addition, all other parties involved in the process of doping should be punished for their involvement in the doping process. A possible way forward would be to criminalise doping in terms of a statutory framework punishing doping on all levels.
Legislation criminalising doping can be effectively applied in conjunction with the Code. Public awareness of doping should also be increased with specific reference to the serious implications of doping in modern sport.
The detrimental side effects of performance enhancing substances should also be constantly emphasised in an ultimate hope of convincing participants not to use these substances thereby protecting the true spirit of sport and fair play. All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License. Services on Demand Article. English pdf Article in xml format Article references How to cite this article Automatic translation.
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