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4 - The nature of the Code and its interpretation and application

Published online by Cambridge University Press:  24 June 2009

Paul David
Affiliation:
Eldon Chambers, Auckland NZ
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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 Code
A Fight for the Spirit of Sport
, pp. 83 - 89
Publisher: Cambridge University Press
Print publication year: 2008

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