Full Description
This unique international legal and cross-disciplinary edited volume contains analysis of the legal impact of doping regulation by eminent and well known experts in the legal fields of sports doping regulation and diverse legal fields which are intrinsically important areas for consideration in the sports doping landscape. These are thoughtful extended reflections by experts on theory and policy and how they interact with law in the context of doping in sport. It is the first book to examine the topical and contentious area of sports doping from a variety of different but very relevant legal perspectives which impact the stakeholders in sport at both professional and grass roots levels. The World Anti-Doping Code contains an unusual mix of public and private regulation which is of more general interest and fully explored in this work. Each of the 14 chapters addresses doping regulation from a legal perspective such as tort, corporate governance, employment law, human rights law, or a scientific area. Legal areas are generally considered from an international and not national perspective. Issues including fairness, logic and the likelihood of compliance are explored. It is vital reading for anyone interested in the law, regulation and governance of sport.
Contents
Part I: The Evolution of the World Anti-Doping Code
1. The Myth of the Level Playing Field in Sport
Deborah Healey
2. Revising the World Anti-Doping Code
Ulrich Haas
Part II: The World Anti-Doping Code and the Athletes
3. 'Do What I Say, Not What I Do': Is This the 'Play True' Reality of the World Anti-Doping Code?
Thomas Hickie
4. The World Anti-Doping Code and Contract Law
Alan Sullivan
5. Human Rights and the Anti-Doping Lex Sportiva— The Relationship of Public and Private International
Law, 'Law Beyond the State' and the Laws of Nation States
Andrew Byrnes
Part III: The World Anti-Doping Code: Procedural Questions
6. Issues in the Gathering and Use of Non-analytical Evidence to Prove Anti-Doping Rule Violations
Sudarshan Kanagaratnam
7. Hearing Anti-Doping Cases in New Zealand
Paul David
8. Doping in Sport: What Role for Administrative Law?
Narelle Bedford and Greg Weeks
Part IV: The World Anti-Doping Code: Obligations and Liability
9. Modern-Day Gladiators: The Professional Athlete Employment Relationship Under the World Anti-Doping Code
Joellen Riley and David Weiler
10. Doping as Tort: Liability of Sport Supervisors and the Problem of Consent
Prue Vines
Part V: The World Anti-Doping Code as Regulation: Governance and Compliance
11. Governance and Anti-Doping: Beyond the Fox and the Hen House
Marina Nehme and Catherine Ordway
12. The Chimera of Compliance with the World Anti-Doping Code
Jason Mazanov
13. The Juridifi cation and Criminalisation of Doping: Time to Revive the Spirit of Sport?
Jack Anderson
14. The Commercial Rationale of the World Anti-Doping Code
Paul J Hayes
