Journal of Legal Research

Journal of Legal Research

Obligations Erga Omnes Partes: A Case Study of the 2005 UNESCO Anti-Doping Convention

Document Type : Original Article

Authors
1 Assistant Professor, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran.
2 Assistant Professor, Institute for Research and Development of Humanities (SAM), Tehran, Iran.
3 PhD student in Public International Law, Allameh Tabatabaei University, Tehran, Iran.
Abstract
The UNESCO Anti-Doping Convention (2005) as the only legally binding universal treaty in the field of anti-doping establishes obligations for states to ensure fair competition and protect the health of athletes. This study, through an analysis of the preamble and Article 1 of the UNESCO Anti-Doping Convention and the statements of international legal experts at the Conference of Parties, demonstrates that the objectives of this convention are defined in line with safeguarding the common interests of the international community, including combating doping, ensuring fair competition, and protecting human health. Furthermore, the provisions whose violation would undermine or refute the primary object and purpose of the convention have been identified. The findings of this study indicate that, despite the lack of a dispute resolution mechanism in the UNESCO Anti-Doping Convention, highlighting the significance of these obligations could encourage or expedite the inclusion of a provision for referring disputes to institutions such as the International Court of Justice (ICJ). Ultimately, this research argues that the obligations outlined in Articles 8, 14, and 16 of the UNESCO Anti-Doping Convention constitute obligations erga omnes partes.
Keywords