A Constant Battle: The Evolving Challenges in the International Fight against Doping in Sport
![handle is hein.journals/djcil16 and id is 463 raw text is: A CONSTANT BATTLE: THE EVOLVING
CHALLENGES IN THE INTERNATIONAL
FIGHT AGAINST DOPING IN SPORT
JESSICA K. FoSCHI*
The practice of sport is a human right. Every individual must have
the possibility of practicing sport, without discrimination of any kind
and in the Olympic spirit, which requires mutual understanding with
a spirit of friendship, solidarity, and fair play.1
Doping is fundamentally contrary to the spirit of sport.2
INTRODUCTION
Sport provides many benefits to the world community that
should be lauded and commended. Every day, all over the world, the
competitive spirit of sport leads individuals of all varieties to the
playing fields and sporting arenas of their communities. Athletics
promote health, leadership, commitment, fair play, and general
interaction among human beings across the globe. From the local
little league baseball diamond to the iconic stadiums of the Olympic
Games, sport touches individuals in every country and from every
walk of life. However, the same passions, which inspire the positive
elements of sport can lead to negative consequences. The most
blatant and widespread example of this passion gone awry is the
rampant use of banned substances by athletes at all levels of sport to
gain an unfair competitive advantage.
Doping in sports has become the biggest challenge facing the
positive goals of the Olympic Movement. Nothing undermines the
Copyright © 2006 by Jessica K. Foschi.
* Jessica K. Foschi is a J.D. candidate at Duke University School of Law and serves as a
Staff Editor of Duke Journal of Comparative and International Law. She would like to thank
Professor Paul Haagen for his insightful discussion and guidance in developing this Note.
1. Int'l Olympic Comm. [IOC], Olympic Charter (2004), at 9, available at
http://multimedia.olympic.org/pdf/en-report-122.pdf (last visited Apr. 2,2006).
2. World Anti-Doping Agency [WADA], World Anti-Doping Code [hereinafter the
Code], at 3, available at http://www.wada-ama.org/rtecontent/documnent/code-v3.pdf (last visited
Apr. 2, 2006).](ViewImageLocal?handle=hein.journals/djcil16&div=18&collection=&method=preview&ext=.png&size=3)
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A Constant Battle: The Evolving Challenges in the International Fight against Doping in Sport
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