Book contents
- Frontmatter
- Contents
- List of figures
- 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 Sanctions for anti-doping rule violations: Articles 9 and 10 of the Code
- 9 Article 13: appeals under the Code
- 10 Challenges to the Code in the courts
- 11 The way ahead: the 2009 Code
- Index
4 - The nature of the Code and its interpretation and application
Published online by Cambridge University Press: 24 June 2009
- Frontmatter
- Contents
- List of figures
- 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 Sanctions for anti-doping rule violations: Articles 9 and 10 of the Code
- 9 Article 13: appeals under the Code
- 10 Challenges to the Code in the courts
- 11 The way ahead: 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, it functions as a contractual arrangement by which sporting organisations and associations regulate themselves in the anti-doping area.
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 are also a number of areas where sporting organisations will continue to establish and maintain sport-specific policies by developing and adopting rules concerning such matters as, the investigation of anti-doping rule violations (not involving testing and analysis), provisional suspensions, sanctions for teams, the management of results, reporting and confidentiality. These rules may, like the provisions of the Code which are adopted verbatim, 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. 83 - 89Publisher: Cambridge University PressPrint publication year: 2008