Does Legislating Against Doping in Sports Make Sense? Comparing Sweden and the U.S. Suggests Not
2013 (English)In: Virginia Sports and Entertainment Law Journal, ISSN 1556-9799, Vol. 13, no 1, 21-34 p.Article in journal (Refereed) Published
Both policy makers and sport stakeholders have fought against doping since the 1960’s but largely separately from each other. In light of recent events, political discussion, and academic debate, this article considers the expediency of using legislation to fight doping in sports. Building upon and comparing experiences in the U.S. and in Sweden, this article concludes that increased governmental involvement is undesirable from both the policy makers’ and the sport stakeholders’ perspectives. The reasons for this conclusion are, primarily, (i) that they are driven by different aims, (ii) that they differ in what they consider doping, (iii) that policy makers may push rules in sports in an unwanted direction, (iv) that expanded government involvement increases the likelihood of fundamental rights challenges to sport rules, and (v) that there are alternative ways of enhancing existing rules’ efficiency.
Place, publisher, year, edition, pages
2013. Vol. 13, no 1, 21-34 p.
Sports, Sports law, Doping, Fundamental rights, WADA, IOC, steroids, EPO, hGH
Idrott, Idrottsjuridik, Doping, mänskliga rättigheter, WADA, IOK, steroider, EPO, tillväxthormon
Research subject Law; International Law
IdentifiersURN: urn:nbn:se:umu:diva-86036OAI: oai:DiVA.org:umu-86036DiVA: diva2:696800
ProjectsDoping, en fråga för lagstiftaren?