Strict Liability in WADA

Abstract

In the International Sporting events the number of the cases involving doping, are on an alarming rise and at this juncture, where the law of sport regarding doping are in a premature state it is very important that the law not escape critical analysis. The law of sport as it is being developed has taken a lot of elements from various other branches of law, and one of these branches are the common principles of the law of Tort. The inception of the concept of strict liability lies in the jurisprudence of the English courts and now has found its way into different legal systems and branches and thus warrants criticism and suggestions as it attains acceptability in this field of sports law. The first document to harmonize anti-doping regulations around the world recognized the fundamental rights of athletes to participate in a doping-free sport and applied the principle of strict liability to maintain high standards of fairness. The object of this paper is to examine the inconsistencies associated with doping control and explains the inequity which results from such inconsistent application of the principle of strict liability. This is achieved through an analysis of the WADA code and the interrelationship with the principle of strict liability and an examination of a recent case of the much celebrated Spanish cyclist Alberto Contador.