From Trade to Sport: The Rodchenkov Act and the New Frontiers of US Legal Unilateralism
摘要
The US has long adopted a unilateralist approach in international trade, frequently invoking extraterritorial jurisdiction and unilaterally applying its domestic laws to foreign entities and individuals, thereby causing disruption to the multilateral trade order. The Rodchenkov Anti-Doping Act (RADA) constitutes a paradigmatic case of “exported unilateralism” in the sports context. By asserting extraterritorial jurisdiction, RADA seeks to challenge the authority of the World Anti-Doping Agency (WADA) and promote a US-centered normative framework for anti-doping regulation. This chapter argues that RADA’s extraterritorial juridiction is both legally and practically flawed. From the perspective of sports law, RADA disrupts the existing anti-doping order and raises questions about its necessity. Under international law, it lacks legitimacy due to non-compliance with fundamental jurisdictional principles. Under US domestic law, its effectiveness is constrained by legislative ambiguities, judicial reluctance, and enforcement challenges. Although RADA’s immediate legal impact may be limited, its normative and geopolitical implications warrant close scrutiny. In response, this chapter suggests that countries could adopt strategies inspired by historical approaches to managing extraterritorial legislation in trade, such as implementing defensive measures and forming multilateral coalitions, to address potential overreach in the field of international sport.