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MORE BAD NEWS from the ANTI-DOPING CODE! HAS the USA given up SOVEREIGNTY to a PRIVATE ORGANIZATION!

My review of the 2009 Anti-Doping Code gets worse for liberty and sovereignty lovers.  There is a provision that says if you do not enact the associated with the Anti-Doping Code can’t be in the Olympics!

23.5 Additional Consequences of a Signatory’s Noncompliance with the Code

Noncompliance with the Code by any Signatory may result in consequences in addition to ineligibility to bid for Events as set forth in Articles 20.1.8 (International Olympic Committee), 20.3.10 (International Federations) and 20.6.6 (Major Event Organizations), for example: forfeiture of offices and positions within WADA; ineligibility or non-admission of any candidature to hold any International Event in a country; cancellation of International Events; symbolic consequences and other consequences pursuant to the Olympic Charter.

The imposition of such consequences may be appealed to CAS by the affected Signatory pursuant to Article 13.5.

Now it is great to get dope out of sports.  But I think each nation and each event such as the Olympics can enforce its own rules without UN or international interference.  Here’s the obligations of signatories (that means the USOC too) based on the symbiosis between the World Anti-Doping Administration and UNESCO based on the UN anti-doping Convention:

23.4 Monitoring Compliance with the Code and UNESCO Convention
23.4.1 Compliance with the Code shall be monitored by WADA or as otherwise agreed by WADA.  Compliance with the commitments reflected in the UNESCO Convention will be monitored as determined by the Conference of Parties to the UNESCO Convention, following consultation with the state parties and WADA.  WADA shall advise governments on the implementation of the Code by the Signatories and shall advise Signatories on the ratification, acceptance, approval or accession to the UNESCO Convention by governments.
23.4.2 To facilitate monitoring, each Signatory shall report to WADA on its compliance with the Code every second year and shall explain
reasons for noncompliance.
23.4.3 Failure by a Signatory to provide compliance information requested by WADA for purposes of Article 23.4.2, or failure by a Signatory to submit information to WADA as required by other articles of the Code, may be considered noncompliance with the Code.
23.4.4 All WADA compliance reports shall be approved by the WADA Foundation Board. WADA shall dialog with a Signatory before
reporting that Signatory noncompliant. Any WADA report which concludes that a Signatory is noncompliant must be approved
by the WADA Foundation Board at a meeting eld after the Signatory has been given an opportunity to submit its written arguments
to the Foundation Board. The conclusion by the WADA Foundation Board that a Signatory is noncompliant may be appealed pursuant
to Article 13.5.
23.4.5 WADA shall make reports on compliance to the International Olympic Committee, the International Paralympic Committee,
International Federations, and Major Event Organizations. These reports shall also be made available to the public.

But it gets worse – here’s the chief obligation of a government to follow the CODE – it’s to adopt the UN Treaty!

ARTICLE 22: INVOLVEMENT OF GOVERNMENTS

Each government’s commitment to the Code will be evidenced by its signing the Copenhagen Declaration on Anti-Doping in
Sport of March 3, 2003, and by ratifying, accepting, approving or acceding to the UNESCO Convention. The following Articles
set forth the expectations of the Signatories.

What’s the penalty?  Cannot host the Olympics!  (Some might say “Don’t throw me into that briar batch!”)

22.6 Failure by a government to ratify, accept, approve or accede to the UNESCO Convention by January 1, 2010, or to comply with the UNESCO Convention thereafter may result in ineligibility to bid for Events as provided in Articles 20.1.8 (International Olympic Committee), 20.3.10 (International Federation), and 20.6.6 (Major Event Organizations) and may result in additional consequences, e.g., forfeiture of offices and positions within WADA; ineligibility or non-admission of any candidature to hold any International Event in a country, cancellation of International Events; symbolic consequences and other consequences pursuant to the Olympic Charter.

So we have not only given up our sovereignty, we have given up our sovereignty to a PRIVATE WORLD ORGANIZATION!  If we do not follow the WADA’s rules and report as a good nation should, our athletes can be forbidden to compete in the Olympics!  This is a outrageous way to solve a legitimate problem – doping in sports.

 

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

One Response to “MORE BAD NEWS from the ANTI-DOPING CODE! HAS the USA given up SOVEREIGNTY to a PRIVATE ORGANIZATION!”

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    Tom White Says:

    Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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