Sports Laws and Anti-Doping - Essay Example

Task Sports Laws and Anti-Doping Introduction The law negates violence and its implications are meant to create a suitable setting for the citizens of a particular nation to follow. However, there are independent institutions that provide their own sets of obligations and guidelines to be applied in their management. These institutions are majorly found in independent organizations that exist within a government. There are sport governing institutions that provide a set of rules on how best the rules require implementation. The set of rules often entail the fairness in the game and promote fairness in the competitions (Honeybourne, 2005, p.61). There are individuals who find I difficult to adjust to the set rules hence apply dubious methods to achieve success. Some, however, have gone against the set policies in their attempts to curb certain impairments that may have been experienced during their career to lead them down career failures. A country may, however, possess a power to intervene into some decisions that these institutions make especially if they affect the welfare of decisions made in the sport or go against specific sport law provisions (Gardiner, 2006, p.179). Doping in sport is an entity that various countries have made attempts to eradicate and anti-doping organization have been formed where sports men/women are controlled to inhibit the heinous practice (Nafziger & Ross, 2011, p.210). Doping has been witnessed in various instances where an athlete uses various ability enhancing substances to achieve their success. The specific body that controls the sport normally passes judgment on the implication of doping. However, there may be provisions that may involve the government to interfere with certain decision in their attempts to protect their citizens. The independent bodies may be internationally formed, for example, FIFA, which oversee the football affairs across the globe. Inside FIFA, there are certain provisions that limit the actions of the country’s government to interfere with their affairs. Though independent there have been attempts to limit the restrictions of the independent tribunals, especially evident rulings on doping cases. Sports Laws and Anti-Doping Sporting activities have grown famous among individuals over the past few decades and has seen many individuals growing into becoming perfectionist in their specific talented area. Many venture into sport for fun and articulate it as being a leisure activity. However, recent statistics has shown that the sport industry is increasingly becoming commercialized with many individuals not only entering the event for fame but for the financial packages that the modern sports entail (Aketch, 2008). The athletes have applied their talent to gain the favor to apply the sporting activities as a source of livelihood and the majorities have grown up without accessing any form of education to substitute their trade. The financial entity of the sport industry has driven the majority of sport personnel to cheat and apply doping techniques to advance in their career. The rule in any sporting activity is to be the best among competitor and therefore through applying various skill advancing methods, many have gained favor to advance before their rivals. However, there have been massive anti-doping measures that have rooted out the course of this action singling individuals with drug addiction problems and still participate in the sport. These actions have led to a lack in interest from most fans with the majority losing favor towards their once known excelling competitors. This eventually leads to a lack in interest and favor towards the sport. There has since emerged various sport organizations to promote the eradication of doping and unfair play. Examples are FIFA and IOC that oversee the actions in football and Olympics respectively. These organizations share no relation or any form of direct influence from national law and have set their own independent rules that members must follow to gain merit in participating in activities that they control. Since most athletes depend entirely on their area of participation to acquire their source of income, they face serious implications in their entire lives. These are achieved through banning or suspending the player from the sport for a particular period of time, and this is revenue lost during the idle period. An added effect is lost in the particular skill that made the particular player advance in their career by the time the ban is uplifted. However, such actions may sometimes be inhumane to the athlete. Though the organizations are set-up to promote fairness in the game, their power may be limiting and mostly disadvantageous on certain athletes who may have unfair rulings on their crimes (Oliver, 1999, p.81). Most governments are reluctant to intervene on the ruling of the bodies since the institutions are mostly private institutions with independent decision free from external entity interference. Governments have grown to respect the decisions by the bodies and favor to offer limited interference with the decisions they make. In the modern world, sport is a global business constituting about 3% of the total world trading institutions. This figure is further articulated to 2% in Europe as it contributes to the total GDP. A proven fact in Europe lies in the sporting area where the majority of dispute has emerged due to the nature of making profits and losses in the industry. There is no business owner who would want to lose on their investment and since most sports are owned by private businessmen, many have involved unjust ruling on situations. There is a growing tendency to utilize alternative measures to solve wrangles that would involve faster measures against wrong doers. This leaves the alternative of sorting to the independent institutions to solve problems rather than use the normal court rulings that would involve utilizing more time and long courtroom hours. Most of the sport personalities prefer to solve their disputes within the sport industry without involving other sectors of the law. This, to them provides a platform that may be applied to offer quick resolutions to the disputes that they sometimes face, solving cases at an accelerated level. Moreover, there may be technical terms derived in the rules of playing the game that may be better understood by the specific sport rule creators. A better example lies in the four-year world cup event and when plagued with a case that need attention. The stakeholders may prefer to avoid a court ruling session that may last eight years over which the opportunity to conduct the business over the four-year period lost. Therefore, a quick resolution is necessary to solve the disputes, which FIFA may provide in its statutes. CAS is an example of such institutions set-up in 1983 and has grown to be recognized as a special court to solve sport related disputes. It was formed with the intention of foreseeing a more fair and free ruling of legal decision concerning sport. More individuals had presented their cases before CAS and found positive feedbacks because they have managed to solve their disputes easily (Chappelet, 2010, p.27). By 2002, FIFA welcomed the decision to have its cases to the body allowing its members to express their cases more openly and appeal to situations that needed careful outlook. Another advantage offered by CAS is its ability to solve cases that may sometimes be indirectly related to the sport (Hartley, 2009, p.131). There are several reasons that prompt the application of anti-doping campaigns. These have since led to the privatization of sports sectors leading to the independent body formation. These seek to promote fairness in the game to utilize natural talent in the competitive ground. These drugs seek to enhance the ability of the user to gain favor over the rivals and promote inaccurate results. The institutions provide a platform in which the competition is regulated and gives power to the fair participants (Anderson, 2010, p.52). Sports is about applying one’s physical talent in achievement dreams and earning the daily pence. It is illegal to apply dubious means in the quest to achieve success. Through implementing strict laws against doping, the competition is maintained at a fair level and individual’s participation is increased. Secondly, the doping restrictions are applied to promote the general health of the athlete. Several drug enhancements may prove deadly influencing organ breakdown or death. This not only promotes a safer environment for the sporting activities but also create an advanced system where the protection of the various athletes is ensured to limit the occurrence of accidents during events. Finally, since sports create a commercial image to its fan base, there is a need to protect its overall image to promote sales and interest among the growing economy (Allison, 2005, p.158). A sport that is filled with doping and promotes unfair play creates bitterness within its fans leading to a loss in interest. These independent bodies were created to improve the general image of the sport it handles and create rules that would ensure fairness and quick resolve to cases. However, there may be setbacks to the anti-doping laws that sometimes lead to unfair judgment of the user. Sometimes, wrong accusation emanates from accidentally consuming a meal with a doping drug or taking health prescriptions from a doctor. The sentence imposed may be grave to the user prompting prolonged career damage and most have appealed to the government to intervene in their cases because the drug used may not have been illegalized. These limitations have imposed sweeping setbacks to doping prompting many to accuse the organizations to interfere with the development that an individual faces. There are cases that apply the government rules to help eradicate doping cases by terming it as illegal to the country’s legal system. Here, the country’s law that promotes the independent tribunal’s decision to punish cases of doping may determine the punishment to be taken. Sports laws are currently becoming an international entity where it takes an overall boy to make decisions regarding the sport. The UEFA runs the affairs of football across the entire Europe while FA makes decisions of football in Europe; all of these attributes are set by FIFA. FIFA being an independent tribunal foresees the football affairs across the globe ensuring all of its members are satisfied and fairness flourishes in its members. There are the sport law provisions across the globe that brags of being independent and immune to the national laws. Lex sportiva is a term applied to describe the situation in most sport organizations. This simply implies that sport organizations are created to be self-dependent and pass judgment on a certain case without the governments taking part in any of the situation. The term, Global sport law is majorly applied to indicate the legal system created by most private world institutions which have a say in the running of these sport activities (Cicchetti, Frosini & Gola,, 2011, p.195). The private institutions team-up to agree on the proper guidelines to be applied in the sporting fields and submit the result to the international organization like FIFA to implement it on future cases. The normal courts, in turn find minimal applications in the event of a dispute that is mostly within the sporting arena. These bodies brag of independency and pass judgment to the cases involved without any form of supervision from the government. However, several sport lawyers have argued that sport need not be treated differently from other acts of unlawful acts. When an offence is committed, the government needs participation in its ruling depending on the nature of the offense. Some argue that the sport bodies deserve to be independent because they provide a cheap and faster means to resolve wrangles that occur within the sport setting limiting the use of long processes that may be witnessed within the legal system. The ruling of the sport organizations is not immune to the government because there are provisions that allow the government to intervene. There are situations that are unlawful and require the efforts by the government to apply further measures to help contain a certain situation. In 1999, there were Civil Procedure rules set up by Lord Woolf that encouraged most members to engage in the athlete’s application of “Alternative Dispute Resolution.” The law provide the free participation of these private organizations but requires their justification of the rulings. The exercise of the power accorded should abide by the national provisions promoting fairness and helping individual’s access benefits. The government provides that there should be no application of criminal activities or measures that threaten the freedom of its citizens in the sport discipline. A prosecution can be implemented in such a case where the rule of law is breached. There exist requirements within the government’s law that provide certain guidelines to be followed within these independent bodies. Most government laws support the entity that promotes human life protection. Any form of abuse or a situation limiting access to a resource may lead to the government’s intervention in the case. There have been reported cases of racism and physical brutality in the game that may lead to physical and emotional harm. The private institutions may not properly handle these situations, as they cannot pass legal judgment to the offender. Other activities and actins by the participant may breach the government’s provision like most doping activities. The use of illegal drugs may further lead to prosecution by the government in its quest to curb national menace. Individuals mostly apply the use of ADR to justify actions further and access speedy and fairer resolutions in the cases imposed to their career by these bodies. Members gain membership voluntarily within the sport organizations via their involvement in the sport. There is registration necessary with the specific bodies to gain the favorable provisions that may be applied through its rule. An example where the UK law was applied to counter the unjust ruling of some independent organization was witnessed in the Modahl case (Wise & Meyer, 1997, p.264). This world class athlete was tested for doping and results indicated positive for testosterone in 1994. This followed her ban and restriction of participation from any of the activities relating to her career for a period of time. The obvious retaliation she took was to appeal using an independent appeal body claiming had gone against its contract provisions. The court ruled in favor of Modahl prompting the BAF to offer her compensations and damages caused for the period she desisted to participate in the activities. In England, the ruling of the independent sport bodies can certainly be appealed using independent methods and favor may be gained if the decision had been passed unjustly or breaching the contract set that otherwise cause limiting freedoms of the athletes. The law is used to deliver justice to the public system and in UK, sport is considered a public entity unlike in certain areas that it may be viewed as a private entity. There is a need to protect the athletes from the implications of some bodies that hold strict rules which mostly limit their advancement. Doping activities are growing immensely in the sport activities. The drug users often apply different drugs to enhance their abilities depending on the nature of the results they desire achieved (Robinson, 2009, p.192). Some of these drugs are illegal and harmful to the body and find their ban from key countries and in the sport bodies. However, there may be research that indicates several substances to enhance the ability in the participants. Their use may be applied unconsciously without the user’s knowledge or due to limited knowledge on the banned drugs. The set rules implicate that there are standard punishment systems to counter several actions. A case may be found in Maurice Odumbe’s case where he was banned for five years from participating in his trade. The ICC tested him positive of an illegal drug and imposed the charge due to its illegality in cricket. There had been no evidence that Odumbe had influence negatively the sport to prompt such a sentence but due to the obvious protocol followed, the ban had to be inflicted. His attempts to appeal to the high court did not flourish because ICC had been recognized as an independent body and the sentence had to be made legitimate. Such decisions normally lead to the demise of the athlete’s career crippling them since they use the sport entities as a means of livelihood. These actions have prompted the need apply an intervention measure into the international sport bodies that may sometimes pass harsh rulings to negatively influenced the development of athletes. These mechanisms though justified in several instances to promote fairness in the games hold several setbacks especially when harsh judgments are passed. The development of sport in the modern society has witnessed immense developments prompting the decisions made in its ruling be extended beyond that of the ISOs. The question however, may lie in the scope of involvement of the government in making decisions regarding the implementation of rulings on the events. There are provisions in the UK law which considers sport as a recreational facility to include intervention when dealing with some cases. It stipulates that there should be just rulings that limit the harm of individual’s source of livelihood when passing judgment. Conclusion Doping is an entity that cripples the advancement of fairness in sport. There should be strict policies passed to limit the advancement of activities that limit the flourishing of the activity. Sport has grown to be more commercialized in the modern society and fans appreciate fair prevalence of the entity. An attempt to limit the competitive nature of its development lead to serious setbacks in its marketing as individuals loses interest due to flaws. The ownership of several sport facilities though privatized need the intervention of external bodies to lay proper guidelines for the effective application of rules. These privatized ownership entities have since created a set of governing rules that they compiled to the ISOs who regulate the overall actions of the sport. The ISOs possess an independent tribunal that passes judgment to regulate the actions within the sport entities. There have been several cases like Odumbe and Modahl case where these rulings have been unjust prompting intervention by the government to solve the cases. In instances where the ruling is unjust, there needs to be a check by the government to favor overall individual progress and protection. Bibliography Akech, M., (2008), The Maurice Odumbe Investigation and Judicial Review of the Power of International Sports Organizations, entertainment & sports Law, Vol. 6 (2), ISSN 1748-944X. Allison, L., (2005), The global politics of sport: the role of global institutions in sport, London, Routledge. Anderson, J., (2010), Modern Sport Law, Oxford, Hart Publishing. Chappelet, J., (2010), The Autonomy of Sport in Europe, Strasbourg, Council of Europe. Ciccetti, A., Frosini, J. and Gola, M., (2011), Public Law and Regulation, Milan, Maggioli Editore. Gardiner, S., (2006), Sports law, ed.3, London, Routledge. Hartley, H., (2009), Legal Issues in Sport, PE and Recreation, New York, Taylor & Francis. Honeybourne, J. (2005), BTEC first sport: certificate, diploma, Cheltenham, Nelson Thornes. Nafziger, J. and Ross, S., (2011), Handbook on International Sports Law, Northampton, Edward Elgar Publishing. Robinson, P., (2009), Foundations of Sports Coaching, New York, Taylor & Francis. Oliver, D., (1999), Common values and the public-private divide, London, Butterworths. Wise, A. And Meyer, B., (1997), International sports law and business, Volume 1, Alphen aan den Rijn, Kluwer Law International. Read More