Melbourne Law School - Theses
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ItemA model law for anti-doping in sport( 2006)The objective of this thesis is to show that the development of a model law for adoption by nation states is an essential step in legal efforts to combat doping in sport, and to make recommendations on the content of this legislation. Drugs in sport are an issue of significant public and media interest. In a society where athletes are also role models, the use of performance-enhancing and recreational drugs by sportsmen and women is widely condemned. In recent years enormous efforts have been made by both sporting organisations and governments to put a structure in place to support sports' anti-doping rules. This has resulted in the creation of the World Anti-Doping Agency (WADA) and the development of the World Anti-Doping Code. However, these rules remain private in nature and therefore are inadequate to address all the problems presented by doping. To this end, the UNESCO International Convention Against Doping in Sport was also adopted in 2005. This thesis examines what further legal measures are required to combat doping, and focuses on the development of a model law that can be adopted by governments to implement the Convention and tackle doping issues. A model law is recommended as the best way to harmonise the legal approach to doping across nations, and to provide a tool to the numerous nations currently lacking the capacity to devise an appropriate legal response to the issue. It would be appropriate for the model law to be situated as a model of best practice within the World Anti-Doping Program housed by WADA, after appropriate development in conjunction with UNESCO. In devising the argument for a model law and recommendations as to its content, the current domestic anti-doping laws of four countries have been examined, along with the special issue of human rights as they apply to anti-doping.