Which rules? International sport and doping in the 21st century

Houston Journal of International Law, Fall, 2008 by Anita L. DeFrantz

  I. HISTORY, STRUCTURE, AND LEGAL STATUS OF THE
     OLYMPIC MOVEMENT

 II. DOPING AND THE GRAVE DANGER TO THE OLYMPIC
     MOVEMENT

III. THE COURT OF ARBITRATION FOR SPORT

 IV. CONCLUSION

I. HISTORY, STRUCTURE, AND LEGAL STATUS OF THE OLYMPIC MOVEMENT

When Baron Pierre de Coubertin launched the modern Olympic Movement in the late nineteenth century he probably never expected the Olympic Movement to grow to 205 National Olympic Committees, which would enter 10,500 women and men to compete in 304 events from 28 sports. (1) Coubertin never anticipated the need for anti-doping rules or a court of arbitration with an expedited appeals court which would be a part of conducting the Games.

Today's athlete must negotiate a complex set of rules governing doping. Every National Olympic Committee (NOC), every International Federation (IF), and every athlete who competes in a world championship or Olympic Games must agree to abide by the World Anti-Doping Code. In addition, the NOCs, the IFs, and their athletes are subject to the rules of the International Olympic Committee (IOC). All of these rules are subject to changes, and, in fact, in the fast moving world of doping control, are constantly being revised. How did this great celebration of human excellence become a scientific and legal playground? And, what international legal mechanisms are in place to govern this brave new world?

The IOC grew out of a congress in Paris in 1894 convened by Coubertin to discuss the future of the amateur sports movement. (2) The meeting took place at the Sorbonne University. (3) The list of invitees included seventy-eight men from nine countries. (4) The congress had several agenda items. The possibility of creating a modern version of the ancient Olympic Games was the last item listed, but it was the one that forever changed the face of modern sport. (5)

The Paris Congress laid the groundwork for what later became known as the Olympic Charter and the creation of the IOC. (6) The IOC exists as a Swiss association. (7) Under that legal status, the association is able to set up its own rules and regulations governing all actions of the association. (8) The ruling document is now called the Olympic Charter. (9) There have been many changes to this document over the years. The most recent review was carried out in 2004. (10)

As a result of that work, many references are made to documents that are outside of the Charter and have been given controlling authority. Examples of this are the rules and regulations of the World Anti-Doping Agency (WADA), the World Anti-Doping Code, the Court of Arbitration for Sport (CAS), and the many handbooks created to assist in the organization and operation of the Olympic Games. (11)

The Olympic Charter can be amended only by the Session, which is the name given to the annual meeting of the IOC. (12) There is typically one IOC Session per year, although the IOC President may call an Extraordinary Session as necessary. (13) The IOC has an Executive Board (EB), which acts between the Sessions and has full authority to make decisions in areas outlined in the Charter. (14) The EB meets at least four times a year, and there is no limit on the number of times it meets. (15) There are also twenty-one commissions with a variety of portfolios. (16) The commissions act in an advisory capacity to the EB. (17)

The Sessions are scheduled to be held at a host city selected at least four years in advance of the meeting date. (18) In an Olympic Games year, the Session meets before the Olympic Games at the site of the Olympic Games. (19) The NOCs may propose a city in their country to host the Session in non-Olympic Games years. (20) The selection of the host city is made by the Session, just as the Session decides which candidate city shall host the Olympic Games. (21)

It is necessary to understand the relationship of the various organizations that have been introduced in this paper. The IOC is the ruling organization, with the "supreme authority" over the Olympic Movement. (22) Before the IOC was created in 1894, International Sports Federations existed. The first International Sports Federation was Federation Internationale des Societies d'Aviron (FISA), the International Rowing Federation. (23) Shortly thereafter was Gymnastics and so on. (24) These IFs can exist with or without the Olympic Movement. In the Charter, the relationship with the IFs comes immediately after the discussion of the IOC. (25)

Over the years, a number of IFs have been recognized by the IOC. (26) The recognition provides a number of privileges as well as a number of responsibilities. The recognition by the IOC is a prerequisite for selection to the program of the Olympic Games or the Olympic Winter Games. (27) This recognition requires that the IF adhere to certain rules and policies set out by the IOC. Since 2004, it is necessary to have incorporated the World Anti-Doping Code into the constitution or bylaws of all Olympic IFs. (28) Other IFs have also been encouraged to adopt this Code. (29)