Page 26 - THE INTERNATIONAL OLYMPIC COMMITTEE’S ACCOUNTABILITY FOR HARMFUL CONSEQUENCES OF THE OLYMPIC GAMES- A MULTI-METHOD INTERNATIONAL LEGAL ANALYSIS Ryan Gautier

Chapter One – Introduction
3.3. Global Administrative Law
Global administrative law is a theory suggesting that global governance can be understood primarily as regulatory/administrative in nature.64 Administrative actions are those “that are not legislative or primarily adjudicative in character.”65 In the international environment, treaty-making is the rough equivalent to legislative acts, while adjudicative acts retain their standard definition of generalized episodic dispute resolution between parties (e.g., through the International Court of Justice).66 But, treaty-making, and access to adjudicative bodies are generally limited to states and IOs (which are creatures of states).
Instead, many global actors, including states, regularly engage in global governance actions, namely the creation and application of standards, rules, and regulations. The IOC and other members of the Olympic Movement engage in such actions. The IOC will be discussed in more detail throughout this dissertation. However, a simple illustration can be shown through WADA, which has been discussed by GAL scholars. WADA issues rules and guidelines for anti-doping procedures. In theory, these rules do not require states to ‘sign-on’, like a treaty, but are instead considered binding by WADA, and all those who operate within its purview.67 This was useful for WADA in its early years. WADA began operations in 1999, and although it had the support of states,68 it was only in 2005 that states formally recognised WADA.69 As part of the enforcement of the rules, an actor may be called upon to resolve disputes. In the world of sport, many disputes (e.g., over anti-doping rules and procedures, or selection for national teams) are submitted to the Court of Arbitration for Sport (‘CAS’). Notably, the mere presence of a dispute resolution forum, or other accountability forum, within a global administrative regime does not transform the regime from an administrative regime into an adjudicatory regime.
64 Nico Krisch and Benedict Kingsbury, ‘Introduction: Global Governance and Global Administrative Law in the International Legal Order’ (2006) 17 European Journal of International Law 1, 1.
65 ibid 3.
66 Kingsbury, Krisch and Stewart (n 53) 17.
67 World Anti-Doping Agency, World Anti-Doping Code (World Anti-Doping Agency 2015) 12.
68 See, e.g., Copenhagen Declaration on Anti-Doping in Sport (2003) <https://wada-main-
prod.s3.amazonaws.com/resources/files/WADA_Copenhagen_Declaration_EN.pdf> accessed 1 July 2015.
69 United Nations Educational, Scientific and Cultural Organization, International Convention Against Doping in Sport (19 October 2005).
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