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La privatisation du droit : l'exemple de la lutte contre le dopage

Abstract : The present thesis entitled « Privatization of the law : the example of the fight against doping » is part of the transversal right constituted of horizontal rights which envelop while interpenetrating all the so-called "classical" branches of law. Combining the philosophy of law and the regulation of an unknown sector in its juridical side, it questions the modern phenomenon of normalization residing in the adoption of generally voluminous texts made of provisions of often multiple interpretations, which are enacted by private actors or semi-private from the national, international or transnational society. It is still a question of legal pluralism, since it deals with the transnational anti-doping legal order in which the World Anti-Doping Agency (WADA) operates, a statutory body governed by private law, which issues rules of conduct which, although substantially or materially public, formally constitute private standards. This Agency thus enacts the fundamental anti-doping document that is the World Anti-Doping Code (WADC) considering harmonized rules of this nature compulsorily taken up by private sports organizations of all levels whose management of litigation falls in principle with the sole court of arbitration for sport (CAS). Nevertheless, it will be checked to the extent of the impact of these norms and private justices, the state screen remaining in French domestic law as in the criminal field in general, that the private standardization has a certain influence in the anti-doping field, operating a novation form of « soft law » into « hard law ».
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Submitted on : Monday, January 14, 2019 - 2:13:12 PM
Last modification on : Wednesday, October 14, 2020 - 4:22:57 AM


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  • HAL Id : tel-01980435, version 1



Bertrand Barouillet. La privatisation du droit : l'exemple de la lutte contre le dopage. Droit. Université Côte d'Azur, 2018. Français. ⟨NNT : 2018AZUR0026⟩. ⟨tel-01980435⟩