Page 24 - THE INTERNATIONAL OLYMPIC COMMITTEE’S ACCOUNTABILITY FOR HARMFUL CONSEQUENCES OF THE OLYMPIC GAMES- A MULTI-METHOD INTERNATIONAL LEGAL ANALYSIS Ryan Gautier

Chapter One – Introduction
interests.58 This is not to say that actors do not attempt to fulfil their self-interests, but that other concerns such as norms, identity, etc. constrain these choices.59 Importantly for this research, constructivism also posits that relations are not static, but that changes can take place over time through the same process of social construction, although identities often tend to be ‘sticky’ and resistant to change.60
Constructivism is able to play a role in international legal scholarship. In particular, constructivism’s focus on norms and social learning allows international legal scholarship to move away from the conception of ‘law’ as a positivist concept. It helps frame international law as a regime that is “constructed through rhetorical activities producing increasingly influential mutual expectations or shared understanding of actors.”61 Thus, international legal scholarship need not look only at treaties and enforcement, but also at aspects such as norm-generation and legitimacy.
A broader consideration of what constitutes international law is necessary to examine global governance actors. First, many global governance actors are not considered ‘subjects’ of traditional international law. A narrow, positivistic approach would exclude actors that are not states or IOs, ignoring organisations such as the IOC and its role in governance. Second, an examination of norm-generation and the day-to-day practice of international law allows for a movement away from treaties. Although formal agreements such as treaties should still be a central element of international law, as this thesis will show, expectations of behaviour are often shaped outside of formal treaties, and these instruments should also be considered, particularly in situations where treaties are absent or silent. Finally, when considering a concept such as accountability, which may be a formal exercise of power, or a relationship that is constructed between actors, a constructivist approach allows for a great degree of flexibility in considering how accountability may be constructed and exercised. As the IOC is an international actor that is non-traditional in many aspects, and has certainly engaged in reform activities based on changes in its
58 John Gerald Ruggie, ‘What Makes the World Hang Together? Neo-utilitarianism and the Social Constructivist Challenge’ (1998) 52 International Organizations 855, 855.
59 ibid 869.
60 Charlotte Ku, International Law, International Relations and Global Governance (Routledge 2012) 12; Jutta
Brunnée and Stephen J. Toope, ‘International Law and Constructivism: Elements of an Interactional Theory of International Law’ (2000–01) 39 Columbia Journal of Transnational Law 19, 33.
61 Brunnée and Toope (n 60) 65.
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