LAA342 – Legal Issues in Sports Notes
Large Group Session 1 – Doping in Sport
• Internal governance – most sports have their own rules and apply them
in their own ways
• Domestic (national level) – internal governance decision-making
• Global – international governing bodies decision-making and CAS
• Give extra level of appeal
• Doping can be traced back very far. What’s changed is the attitude
towards it
• Anything to enhance performance
• Thomas Hicks 1984
o Runner
o Had people at various checkpoints to give him his drug cocktails
to run faster
o Wasn’t hidden
• Felt doping was needed (for better endurance)
• Was normal
• Knud Jensun died from too many stimulants
• Attitudes changed
• Tommy Simpson’s death felt worldwide
, o Tour de France cyclist, leader of Brit team
o Was 6th then went down to 15th after getting stomach bug
o Took more stimulants to get over bug
o Brandy and raw eggs
o Was seen stumbling but continued
o Died before falling off bike
o Felt death could’ve been avoided if authorities stepped in and
effectively tested
o Had no idea he reached his limit of endurance
• Starting testing by sports governing bodies – prompted by his death
• Major testing of athletes in 1968 Olympics in Mexico
• State sponsored doping 1940s as young as 8yo – Eastern block states by
secret police
• Heidi Kruger
o Was given so much testosterone she lost all her femininity
o Decided it was best to live life as a male
o Now Andreas Krueger
o State sponsored doping
• Men who grew breasts
• Females who became masculine
• Infertility, birth defects in future kids
• Depression
• Drug abuse
• Heart and bone disease
2
,• Win at all dost mentality
• Focus on health of athletes
• Now it has changed
• Ben Johnson was fastest man in the worldvbut tested positive for
steroids
o Saw as cheating – attitude changed
o Stripped of medal
• Lance Armstrong
• Protect integrity of athletes and of sports
• Starting point
• One body to govern sport worldwide – every athlete subject to same
sanctions, systems etc
• WADA starting point
• Code updated yearly
• Most sports signed up
• Level playing field – natural abilities
• Sone drugs on prohibited list don’t harm as much as others
• Not all drugs are illegal
• Don’t allow it in public – shouldn’t allow it in sport
• Keep sport clean
• Paternalistic view
• Best approach
3
, • Policy enforced worldwide
• By taking part, you agree to principles
• Contractual relationship – that’s how its enforceable
• Proportionality
• International law
• Meca case
o Argued WADA was disproportionate
o ECoJ was asked to rule on legality of WADA Code
o Ruled it was legitimate – needed sanctions to enforce code
o Code rests on 2 legal principles – 1contract and 2legitimate aim
that is proportionate
• United Nations Educational, Scientific and Cultural Organisation
• Every country has a national anti-doping agency
• Funding from Gov
• CAS role is crucial
• Leading source of reasoned analysis
• Interpret and apply code on unternational level
• Can take dispute straight to CAS if international athlete (athletes v
doping agency etc)
• Domestic athletes go through domestic channels
• WADA code – list of banned substances
4
Large Group Session 1 – Doping in Sport
• Internal governance – most sports have their own rules and apply them
in their own ways
• Domestic (national level) – internal governance decision-making
• Global – international governing bodies decision-making and CAS
• Give extra level of appeal
• Doping can be traced back very far. What’s changed is the attitude
towards it
• Anything to enhance performance
• Thomas Hicks 1984
o Runner
o Had people at various checkpoints to give him his drug cocktails
to run faster
o Wasn’t hidden
• Felt doping was needed (for better endurance)
• Was normal
• Knud Jensun died from too many stimulants
• Attitudes changed
• Tommy Simpson’s death felt worldwide
, o Tour de France cyclist, leader of Brit team
o Was 6th then went down to 15th after getting stomach bug
o Took more stimulants to get over bug
o Brandy and raw eggs
o Was seen stumbling but continued
o Died before falling off bike
o Felt death could’ve been avoided if authorities stepped in and
effectively tested
o Had no idea he reached his limit of endurance
• Starting testing by sports governing bodies – prompted by his death
• Major testing of athletes in 1968 Olympics in Mexico
• State sponsored doping 1940s as young as 8yo – Eastern block states by
secret police
• Heidi Kruger
o Was given so much testosterone she lost all her femininity
o Decided it was best to live life as a male
o Now Andreas Krueger
o State sponsored doping
• Men who grew breasts
• Females who became masculine
• Infertility, birth defects in future kids
• Depression
• Drug abuse
• Heart and bone disease
2
,• Win at all dost mentality
• Focus on health of athletes
• Now it has changed
• Ben Johnson was fastest man in the worldvbut tested positive for
steroids
o Saw as cheating – attitude changed
o Stripped of medal
• Lance Armstrong
• Protect integrity of athletes and of sports
• Starting point
• One body to govern sport worldwide – every athlete subject to same
sanctions, systems etc
• WADA starting point
• Code updated yearly
• Most sports signed up
• Level playing field – natural abilities
• Sone drugs on prohibited list don’t harm as much as others
• Not all drugs are illegal
• Don’t allow it in public – shouldn’t allow it in sport
• Keep sport clean
• Paternalistic view
• Best approach
3
, • Policy enforced worldwide
• By taking part, you agree to principles
• Contractual relationship – that’s how its enforceable
• Proportionality
• International law
• Meca case
o Argued WADA was disproportionate
o ECoJ was asked to rule on legality of WADA Code
o Ruled it was legitimate – needed sanctions to enforce code
o Code rests on 2 legal principles – 1contract and 2legitimate aim
that is proportionate
• United Nations Educational, Scientific and Cultural Organisation
• Every country has a national anti-doping agency
• Funding from Gov
• CAS role is crucial
• Leading source of reasoned analysis
• Interpret and apply code on unternational level
• Can take dispute straight to CAS if international athlete (athletes v
doping agency etc)
• Domestic athletes go through domestic channels
• WADA code – list of banned substances
4
