Anti-Doping Law in Sports as a Global Legal Order: An Integrated Analysis of the World Anti-Doping Code and the Anti-Doping in Sports Act B.E. 2555 (2012) as amended B.E. 2564 (2021)

Abstract

   The regulation of doping in sport has evolved into a global legal regime characterized by a transnational legal framework that intricately integrates the roles of sporting organizations and states, particularly under the World Anti-Doping Code and the UNESCO’s International Convention against Doping in Sport. This article aims to analyze the international legal framework, examine the legal structure of Thailand under the Anti-Doping Act B.E. 2555 (2012) and its amendment B.E. 2564 (2021), and evaluate the integration between Thai law and the global anti-doping legal order. The study employs a document analysis of relevant legal texts and academic literature using comparative and public law approaches to understand the development, mechanisms, and legal challenges arising from such integration. The findings reveal that the anti-doping legal system constitutes a hybrid regime combining elements of soft law and hard law, wherein the World Anti-Doping Code establishes normative standards while the UNESCO Convention imposes binding obligations on states. Thai law has adapted by adopting an open-ended legislative framework and relying primarily on subordinate legislation as a regulatory mechanism. Nevertheless, the main structural challenge is the tension between state sovereignty and pressures from the global legal order, along with issues of legal certainty, proportionality of measures, and the legitimacy of global governance mechanisms. Accordingly, this study recommends legal reforms to clarify essential principles at the statutory level, strengthen oversight mechanisms in the exercise of administrative powers, and enhance institutional capacity, in order to achieve a sustainable balance between international standards and the rule of law within the domestic legal system.