Book contents
- Frontmatter
- Contents
- List of Figures
- Preface to the Second Edition
- Table of Cases
- Introduction
- 1 The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
- 2 Overview of the Code and the World Anti-Doping Program
- 3 The International Standards in more detail
- 4 The nature of the Code and its interpretation and application
- 5 Articles 1 and 2 of the Code: anti-doping rule violations under the Code
- 6 Article 3 of the Code: the proof of anti-doping rule violations under the Code
- 7 Responsibility for testing and investigations, results management and hearings
- 8 Articles 9 and 10 of the Code: sanctions for anti-doping rule violations
- 9 Article 13: appeals under the Code
- 10 Appeals to the Swiss Supreme Court from CAS, challenges to the Code in the courts and claims outside the Code
- 11 The way ahead: review of the 2009 Code
- Index
4 - The nature of the Code and its interpretation and application
Published online by Cambridge University Press: 05 February 2013
- Frontmatter
- Contents
- List of Figures
- Preface to the Second Edition
- Table of Cases
- Introduction
- 1 The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
- 2 Overview of the Code and the World Anti-Doping Program
- 3 The International Standards in more detail
- 4 The nature of the Code and its interpretation and application
- 5 Articles 1 and 2 of the Code: anti-doping rule violations under the Code
- 6 Article 3 of the Code: the proof of anti-doping rule violations under the Code
- 7 Responsibility for testing and investigations, results management and hearings
- 8 Articles 9 and 10 of the Code: sanctions for anti-doping rule violations
- 9 Article 13: appeals under the Code
- 10 Appeals to the Swiss Supreme Court from CAS, challenges to the Code in the courts and claims outside the Code
- 11 The way ahead: review of the 2009 Code
- Index
Summary
Effect of global acceptance
The acceptance of the Code by Signatories creates agreements binding sporting organisations and their members which have the support of States through the Anti-Doping Convention. The Convention does not make the Code part of the law of signatory States but, rather, commits States to take steps in order to support the Code to reinforce the regime formed by the Code and International Standards. While the Code operates in an area of significant public interest and importance and might be likened to a private legislative regime for sport, it functions as a contractual arrangement by which sporting organisations and associations regulate themselves in the anti-doping area.
As has been outlined, the widespread acceptance of the Code by Signatories (and other organisations) around the world has created an interlocking international network of agreements which regulates doping matters, and establishes the necessary international disciplinary regime. It is important to bear in mind that, while there are a significant number of common features in anti-doping regimes which accept the Code (as the Code requires), there will also be a number of areas where sporting organisations will continue to establish and maintain their specific policies by developing and adopting rules concerning such matters as the investigation of anti-doping rule violations (not involving testing and analysis), sanctions for teams, the management of results, reporting and confidentiality. While rules in these areas will have to meet the standards set by the applicable Articles of the Code, there may well be other aspects of anti-doping policies which function completely outside the Code, such as the imposition of other sanctions such as financial penalties. Rules covering such matters may, just like the provisions of the Code and International Standards, have to be interpreted by tribunals and CAS.
- Type
- Chapter
- Information
- A Guide to the World Anti-Doping CodeA Fight for the Spirit of Sport, pp. 122 - 129Publisher: Cambridge University PressPrint publication year: 2013