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Drugs In Sport: A Study Of The Origins, Rights And Outcomes, Annette Greenhow Jul 2011

Drugs In Sport: A Study Of The Origins, Rights And Outcomes, Annette Greenhow

Annette Greenhow

Extract: This paper will examine the origins of the use of drugs in sport, dating back to ancient times through to modern evidence in the broader context of recreational and performance enhancing drug use. It will also consider the rights of the athlete involved in an anti-doping offence and examine whether the protection of the legitimate interests of the sport is still sufficient to justify the imposition of the strict liability principles applicable today. One perspective that requires further examination is whether the ‘one rule fits all’ approach to the application of the sanctions under the WADA Code is reasonable …


Anti-Doping Suspensions And Restraint Of Trade In Sport, Annette Greenhow Aug 2009

Anti-Doping Suspensions And Restraint Of Trade In Sport, Annette Greenhow

Annette Greenhow

The regulator of doping in sport seeks to preserve the spirit of sport and act as the paternalistic protector of the sports participant. But sanctions originally designed to stop drug cheats using artificial performance enhancers in Olympic competition have expanded to cover the use of recreational drugs. There is emerging support for the view that the penalty must fit the crime and that governing bodies must ensure that their legitimate interests outweigh the detriment to the athlete. With doping sanctions imposed for the use of recreational drugs, a restraint of trade claim has prospects of success on the basis of …