Wada

This paper critically examines the nature of the relationship between elite athletes and sports governing bodies and whether the prevailing classification, that is, one of private contract law, affords the athletes the requisite due process protections in disciplinary proceedings involving doping charges. The applicability of international human rights instruments to doping disciplinary law; the procedural rules in doping disciplinary law; and concerns over WADA science and the accreditation standards of WADA labs, will all be critically analysed.

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Abstract

Doping in elite-sport is a topical issue that polarizes public opinion. This dissertation outlines crucial, fundamental questions that go unasked in general discourse about doping in elite-sport and that through being answered will allow the debate to be had at more meaningful level. 

This interdisciplinary dissertation draws widely on: scientific journal entries, textbooks, multimedia and official documents in subjects of biochemistry, biology, psychology and ethics.

A comprehensive, balanced, inter-disciplinary approach to the research that was used to form this dissertation allows for a multifactorial coverage of the issues addressed and means that, at the very least, the conclusions made have some equity.

This​ dissertation examines include: what doping is and who decides, the (not so) valiant institutional structures through which doping detection is currently undertaken, and what the current prevalence of doping is likely to be.  It aims to answer two questions: (i) is the playing field levelled by the current paradigm of doping prohibition? and (ii) in this human world, there are many examples of ideals that only fitfully work in reality, but is this an argument for not making the effort to put ideals into practice?

Through this research it can be concluded that doping is far more pervasive that WADA's statistics would suggest, doping detection methods are unfit for purpose, it is questionable whether the true motives for those who organise testing are more political than egalitarian and there are great genetic dissimilarities between elite-athletes (who are, as a group, already genetically superior to the rest of the population in terms of athletic potential).

All of these conclusions highlight that elite-sport has never and probably will never be an even playing field.  Looking forward, there are far-reaching moral and political implications for organised testing.

Athletes, like all people, may have illnesses or conditions that require them to take a particular
medication or undergo certain procedures or methods. For athletes, the substance/ method may appear
on World Anti-Doping Agency (WADA)’s List of Prohibited Substances and Methods in 2004 to the
escalating challenge of drug misuse in contemporary sport. In such instances, they may be granted a
TUE, which gives them permission to take a substance or use a method. The mechanisms of the TUE
process are carefully defined and described in a specific WADA “international standard” (IS). As a
consequence, anti-doping organizations (ADOs) were empowered to establish “Therapeutic Use
Exemption Committees” (TUECs) whose membership and responsibilities were clearly delineated in
the IS, and to whom an athlete and treating physician(s) could make appropriate application for a TUE.
TUE approval protects athletes from receiving a sanction if a prohibited substance is found in their
sample. In 2017-18 annual report of NADA, 97 proceedings were initiated on the grounds of possible
anti-doping violations. 64 cases originated in a positive finding and the presence of a prohibited substance
(Art. 2.1 NADC): 56 of these findings result from in-competition tests (44 federations/12 NADA) and
eight originated in out-of-competition controls organized by NADA. 21 of the 64 proceedings were
closed because of a valid therapeutic use exemption (TUE) or a medical certificate. During the result
management process, it turned out in four cases that there was no anti-doping rule violation due to the
presence of allowed inhalation of corticosteroid asthma sprays. Nine cases were forwarded to the
international federation or WADA as there was no jurisdiction of NADA. When checking NADA’s inhouse data collection in the Medical Department, it was found that it contained more data records on
applicants than therapeutic use exemptions (TUEs) had been granted. This is due to TUE applications
that are no longer required by the new regulation.
Keywords:  Anti Doping, Prohibited Substance, TUECS, ADO, IS.

"ENGLISH BELOW "Depuis les années 1960, l'univers du sport a été marqué par l'expansion et par l'institutionnalisation d'une activité juridique et politique mobilisée autour de la lutte contre le dopage. Toutefois, si bien des signes donnent à penser que sont consolidées les conditions propres à édifier le dopage en « problème public », de même que semblent établis les éléments propres à faire de sa répression une cause porteuse d'universalité, la lutte contre ce phénomène laisse entrevoir une évolution discontinue.

Davantage, l'analyse suggère que les politiques de lutte contre le dopage se distinguent par une bascule qui les voit osciller entre deux pôles : le pôle de la répression, voué à la sanction, et le pôle de la régulation, articulé sur des principes de compréhension. Mais aussi sur des images renouvelées de la vie sportive, qui tendent à insérer le travail sportif dans des coordonnées existentielles, ainsi que dans des représentations qui s'alimentent au répertoire des droits de l'homme et du respect de la dignité.

Ces évolutions et leurs conséquences posent alors bien des questions. De quelles dynamiques découlent ces relâchements ? Quel sens donner à l'apparente instabilité des principes qui orientent la régulation juridique ? Quelles peuvent être les conséquences de ce va-et-vient entre régime de punition et ouverture de la règle ?

Dans cette contribution, qui emprunte ses points d'appui théoriques aux travaux qui s'appliquent à identifier les contours d'une dynamique de « civilisation du droit », et en nous centrant sur les récentes révisions qu'a connues le Code mondial antidopage (CMAD), nous cernerons certaines des ambiguïtés de la lutte contre le dopage, ainsi que quelques-uns des problèmes centraux qui semblent devoir la conditionner"

"This paper opines that since the 1960s, the sporting world has undergone a change in attitude towards doping. The latter notably being provoked by the expansion and institutionalization of legal and political activities in this domain. However, despite the fact that the anti-doping movement has gained international public awareness and thus, advocates for a global answer, there remains many unsatisfactory aspects concerning this phenomenon and its discontinuous evolution.

In this respect, this paper highlights specifically the double nature of anti-doping policies, namely their disciplinary and repressive features vowed to punish, on one hand, and their civilizing prospects articulated on principles of comprehension and regulation on the other hand. Hence, their nexus raises many issues. The most important being naturally the role of human rights under the universal and monolithic disciplinary regime introduced by the World Anti-Doping Code (WADC).

Questions can be asked on these evolutions and their consequences. Which dynamics push towards this loosening? What is the meaning of the apparent instability of principles orienting this legal regulation? What are the consequences of this seesaw motion between repression and opening of the rule?

Thus, this paper will be using the concept of "civilization of law" and its theoretical framework to the recent revisions of the World Anti-doping Code (WADC) in order to identify some of the salient ambiguities of the battle against doping, as well as certain central problems which are likely to condition it.""

This research paper would look into the issues afflicting the Global Governance of Anti-doping in sports, a supposedly altruistic field of humanistic endeavour, thus – creating a perplexing paradox. The theoretical and conceptual frameworks behind the global governance, in general, and anti-doping in sports, in particular – would be discussed to assign the necessity of it in the rapidly-evolving modern world. The historical progress of anti-doping measures, initially, and mechanisms, later, would give us an insight about the empirical journey related to universal governance when it comes to regulating doping in the domain of sports. The case study of World Anti-Doping Agency (WADA), the most visible and concrete manifestation of global governance in sports for checking and obliterating doping, would be analysed to fathom out the pathological reasons behind less-optimum realization of intended goals of WADA, specifically, and global governance of anti-doping in sports, principally – which does give a sense of congruity when one dissects the issue of global governance in any other realm, giving it a common virulent character. The paper would look for remedial measures to overcome the inherent obstacles – including a redefinition of the ‘menace’ of doping itself, in the end.

El artículo aborda la cuestión atinente a la competencia para conocer de las impugnaciones de las resoluciones sancionadoras por dopaje y, en particular, la polémica suscitada en torno a la posibilidad de que los órganos jurisdiccionales españoles controlen la legalidad de las resoluciones procedentes de federaciones deportivas españolas cuando actúan por delegación de las federaciones deportivas internacionales, potestad atribuida con carácter general al Tribunal Arbitral del Deporte.

The term "international sports law" has firmly established itself in the lexicon of international lawyers. What are its subjects? The athlete possesses a number of rights and duties spelt in international documents, he can also defend his rights in the Court of Arbitration for Sports in Lausanne. However, he is rather a beneficiary of these norms than its creator. Undoubtedly states and intergovernmental organizations (IGOs) are subjects of international sports law. A notable contribution to the formation of international sports law is made by international nongovernmental organizations. Set up in 1999 as a juridical person on the Swiss territory, the WADA activities in the fight against doping in sports have assumed an international scope. Nowadays the WADA unites representatives of the Olympic movement, 18 governments and 2 IGOs. The WADA is a unique hybrid organization whose legal status and normativity of whose international documents call for a further analysis.

WADA was set up as a hybrid organization funded by the Olympic movement and governments. Regrettably, states have little power in controlling WADA. The notion of clear segregation of duties put forward on October 8, 2016 by the 5th Olympic Summit could be implemented as follows. WADA remains a norms-setting body while the functions of a testing authority independent from sports organizations can be given to the UNESCO Conference of Parties and the Voluntary Fund accountable to it. The CAS remains an arbitral body who determines sanctions against cheaters.

The TUEs have been back to the front pages of media after the decision of UEFA to sanction the Player Samir Nasri with 6 months of suspension for UEFA rejected his retroactive application for a Therapeutic Use Exemption. The purpose of this article is the review of this kind of authorizations to use prohibited substances or methods to help comprehending the case, their regulations,
their use, request process, recent decisions and their application within the football world.

Increased dialogue between NADOs and academics – challenges and possibilities INDR December 2015 Commentary by John Gleaves and Ask Vest Christiansen Michael Ask, CEO of Anti Doping Denmark asked INDR managers John Gleaves and Ask Vest Christiansen to respond to the following questions: What should the relationship between academics and anti­doping organizations look like?

A new host of names and another set of shocking revelations cannot help but remind us how much the secret world of illicit performance enhancement garners headlines and captures audiences. It seems that some things never change. However, the threats that Russian athletics athletes may be staying home from the 2016 Rio Olympic Games, and with a similar case building for athletes in other countries, such as Kenya and Ethiopia, where systematic flouting of doping regulations has brought outside scrutiny, the World Anti­Doping Agency seems to be employing a new strategy in its War on Doping. As far as we can tell, the uniform suspension of all athletes in a particular sport because of a nation's failure to comply with anti­doping rules enforcement has not been used previously. If WADA decides that Russia has not significantly reformed its sport system and bans them from the Olympic Games, it likely means that at least some clean track and field athletes from Russia will be unfairly denied a chance to compete in their sport's marquee event. And as such WADA's explicit aim " To protect the Athletes' fundamental right to participate in doping­free sport and thus promote health, fairness and equality for Athletes worldwide " is left aside. Of course, it is hypothetically possible that every single athletics athlete used some prohibited substance and deserves to miss the Games. More likely, however, is that casting the net this broadly will ensnare some percentage of clean athletes along with those who are cheating.