An analysis of the 2015 anti-doping laws and regulations

Abstract

The World Anti-Doping Agency has managed to permeate through the intricate apparatus of sports organs. It is the organisation that regulates, monitors, and ensures compliance with the World Anti-Doping Code, which in essence are the rules that summarise the technocratic governance of this Agency. This thesis examines the evolution and progress of anti-doping policy and the attempt by the Sports Community to preserve what is referred to as the „Spirit of Sport‟, an intrinsic value that embodies fair and clean competition. It also delves into the intricacies that surround this phenomenon and the complex issues that the doping ban generates. The focal point of this research is to compare the new provisions of the 2015 World Anti-Doping Code vis-à-vis its previous counterpart and establish whether the amendments have produced a stronger and more efficient anti-doping mechanism. The World Anti-Doping Agency‟s sentiment is to create an environ which is free from substances and methods that retrogress the entire concept of fairness and sportsmanship in competition. Through the years, this Agency has amassed enough support from the various stakeholders, which enabled it to execute its mandate and continually update its Regulations to subdue doping in sports. The platform of rules that the 2015 World Anti-doping Code presents are taken as the barometer to establish whether the anti-doping community has forged a comprehensive and orderly system that will earn it the trust of all those who form part of the sports community. The improvements are notable, but the system regulating the Prohibited List and the Strict Liability Principle still create an aura of apprehension and need to be reassessed so as to provide the necessary equilibrium between the anti-doping infrastructure and athletes rights.