Page 27 - THE INTERNATIONAL OLYMPIC COMMITTEE’S ACCOUNTABILITY FOR HARMFUL CONSEQUENCES OF THE OLYMPIC GAMES- A MULTI-METHOD INTERNATIONAL LEGAL ANALYSIS Ryan Gautier
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Chapter One – Introduction
To address the lack of accountability amongst global governance actors, GAL turns to administrative law principles. Domestic administrative law focuses largely on procedure (i.e., of agency rule-making) to enhance administrative agency accountability to the public. Similarly, GAL also focuses on procedure, namely “mechanisms, principles, practices, and supporting social understandings” of administrative rule-making.70 In particular, GAL focuses on three mechanisms to increase accountability: transparency, increasing participation in proceedings, and review (judicial or otherwise).71 These mechanisms will be examined throughout this thesis as they apply to the IOC.
3.4. Neoliberalism
The core ideology of neoliberalism is the achievement of free-market globalisation. In essence, neoliberal ideology posits that by removing state regulation over the market, resources will be efficiently allocated. This statement is inaccurate in two senses. First, instead of witnessing the withering away of the state to be replaced by a free-market globalized system, neoliberal practices often use the coercive power of the state to benefit capital.72 Second, neoliberal policies are often linked to market failures, social polarization, and uneven development.73 Regardless of the disconnect between theory and practice, neoliberalism in practice is increasingly part of global governance. Similar to how services provided by states have become increasingly provided by private organisations, services provided by international organisations are also becoming increasingly outsourced to NGOs or corporations.74
Neoliberalism informs this research as the Olympic Games are becoming increasingly associated with neoliberal practices. For instance, the IOC requires many
70 Kingsbury, Krisch and Stewart (n 53) 27–28.
71 Kristin L. Retherford, ‘Regulating the Corporate Tap: Applying Global Administrative Law Principles to
Achieve the Human Right to Water’ (2013) 88 Indiana Law Journal 811, 830.
72 Neil Brenner and Nik Theodore, ‘Cities and the Geographies of “Actually Existing Neoliberalism”’ (2002) 34 Antipode 349, 352.
73 ibid.
74 Craig N. Murphy, ‘Global Governance: Poorly Done and Poorly Understood’ (2000) 76 International Affairs 789, 795, citing Thomas G. Weiss and Leon Gordenker, eds. NGOs, the UN, and Global Governance (Lynne Rienner, 1996), and Thomas G. Weiss, ed., Beyond UN Subcontracting: Task Sharing with Regional Security Arrangements and Service Providing NGOs (Macmillan, 1998).
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