State-sponsored Doping and International State Responsibility: Caveats of the International Anti-doping System
Syracuse Journal of International Law and Commerce ( volume 55, Issue 2), Forthcoming
Posted: 17 Nov 2023 Last revised: 1 Nov 2024
Date Written: October 20, 2023
Abstract
This article provides an in-depth examination of the international legal implications and consequences of State-sponsored doping programs. It will investigate the process of identifying a case of state-sponsored doping within the framework of international State responsibility and discuss its consequences and importance in the fight against doping. It will conduct a comprehensive analysis of the foundational documents of both public and private anti-doping systems to evaluate their legal weight from the standpoint of public international law. The article emphasizes the shortcomings of existing legal mechanisms in effectively combating State-sponsored doping, such as the absence of robust sanctions and dispute-resolution mechanisms that can provide remedies for victims. It also proposes potential areas for improvement in anti-doping legal regimes, including the potential role of the Court of Arbitration for Sport (CAS) as a dispute resolution body for anti-doping violations of States.
Keywords: doping, unesco, wada, council of europe, convention, international responsibility, state responsibility, enforcement, human rights, dispute resolution, court of arbitration for sport
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