Private and public elements in international doping regulation

2014 Fiscal Year Final Research Report

• Project/Area Number: 24653012
• Research Category: Grant-in-Aid for Challenging Exploratory Research
• Allocation Type: Multi-year Fund
• Research Field: International law
• Research Institution: Kyoto University
• Principal Investigator: HAMAMOTO Shotaro 京都大学, 法学(政治学)研究科(研究院), 教授 (50324900)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: スポーツ法 / ドーピング / 国際秩序 / 私的アクター / グローバル法

Outline of Final Research Achievements

Rules on doping in sports are first and foremost private ones. When organizing competitions, sports federations offer athletes conditions for participation. It is up to each athlete whether or not accept such conditions. On this background, experts argued that a public international order was in the process of creation on the basis of private norms created by private actors. However, in recent years, States started to strike back in face of more and more strict and demanding doping regulations. The best example is the 2015 decision rendered by the Munich OLG in Germany with respect to the Pechstein affair, which put the fundamentals of global regulation on doping into question. This recent phenomenon seems to indicate the limits of a private process of creating an public international order.

Free Research Field

国際法学