Handbook on International Sports Law

Handbook on International Sports Law

Research Handbooks in International Law series

Edited by James A.R. Nafziger and Stephen F. Ross

This Handbook presents a comprehensive collection of essays by leading scholars and practitioners in the burgeoning field of international sports law.

Chapter 6: Doping in Sport

Richard W. Pound Q.C. and Kerwin Clarke

Subjects: law - academic, comparative law, private international law, sports law


Richard W. Pound, Q.C. and Kerwin Clarke A BRIEF OVERVIEW OF DOPING IN SPORT Doping is the term used to describe the prohibited practices within sport relating to substances and methods used with the objective of enhancing performance. The term has been developed to distinguish sport-related activity from what is often referred to as social or recreational drug use as well as to incorporate expansion of the concept from the use of prohibited substances to include certain methods and manipulations. The purpose of this chapter is to provide a brief historical review of the context of doping in sport, the establishment, legitimacy and extent of the applicable anti-doping rules, their enforcement within national and international theatres and the resolution of disputes arising from application of the rules. Doping, as a concept in sport, is relatively recent. Sport as an organized activity is governed by rules which are accepted by participants. Without the agreed-upon rules, the activity does not constitute sport. The rules define the sport or game, describe the field of play, determine the extent of the game or contest, establish the scoring parameters, prescribe the equipment to be used, provide penalties for rule infractions; in short, identify everything the participants need to know in order to practice the sport. For centuries there have been stories of athletes who have lived on special diets, taken drugs and used other substances with the objective of improving their performances. Some undoubtedly had no effect whatsoever, some probably did and others may...

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