Legal Opinions and Articles on the Code

Legal Opinions

LEGAL OPINION on THE 2015 CODE

At the request of WADA, Jean-Paul Costa wrote a Legal Opinion regarding the draft World Anti-Doping Code, which examines the issue of the compatibility of several provisions of the draft revision of the World Anti-Doping Code with the accepted principles of international law and human rights (published in June 2013).

Other legal opinions have carefully examined legal aspects of the World Anti-Doping Code.

Legal Opinion on the Conformity of the Exclusion of « Team Athletes » from Organized Training during their Period of Ineligibility with Swiss Law, including the General Principles of Proportionality and Equal Treatment

A. Rigozzi, “Conformity of the Exclusion of ‘Team Athletes’ from Organized Training during their Period of Ineligibility with Swiss Law” (July 2008).

Legal Opinion on the Conformity of Certain Provisions of the Draft World Anti-Doping Code with Commonly Accepted Principles of International Law

This legal opinion was published in February 2003 by three independent experts, prior to the approval of the Code.

G. Kaufmann-Kohler, G. Malinverni, A. Rigozzi, ”Conformity of Certain Provisions of the Draft WADC with Commonly Accepted Principles of International Law” (Feb. 2003).

Legal Opinion on whether Article 10.2 of the World Anti-Doping Code is compatible with the Fundamental Principles of Swiss Domestic Law

C. Rouiller, “Article 10.2 of the WADC and Swiss Law” (October 2005).

Legal Opinion on the Conformity of Article 10.6 of the 2007 Draft World Anti-Doping Code with the Fundamental Rights of Athletes

This legal opinion was rendered on 13 November 2007 by two independent experts.

G. Kaufmann-Kohler, A. Rigozzi, “Conformity of Art. 10.6 with Fundamental Rights of Athletes” (Nov. 2007).

ADVISORY OPINIONs

CAS ADVISORY OPINION ON FIFA COMPLIANCE WITH THE WORLD ANTI-DOPING CODE

This advisory opinion was rendered by CAS on April 21, 2006.

CAS 2005/C/976 & 986, FIFA & WADA - CAS Advisory Opinion on FIFA Compliance with WADC.

Legal Articles on the Code

E. Parham, “Australia and the World Anti-Doping Code, 1999-2008”. June 2008 (Original version in English)
O. Niggli, J. Sieveking, “Selected Case Law Rendered Under the World Anti-Doping Code”. This article was published in the February 2006 issue of the Swiss legal newsletter “Jusletter.”
R. H. McLaren, “CAS Doping jurisprudence: What can we learn?”. This article was published in the February 2006 issue of the Sweet & Maxwell’s International Sports Law Review.