Page 31 - 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
actors.81 Given that global administrative law as a theoretical framework relies on principles used in domestic administrative law, this thesis tacitly undertakes a comparative analysis between an international actor and domestic actors. This ‘vertical’ comparison is made most explicit in Chapter Five, as principles of transparency, public participation, and review, most often applied in the domestic setting, are applied to the IOC and its host city selection process.
This thesis engages in an explicit comparative analysis with the World Bank in Chapter Seven. This comparative analysis is undertaken as means of showing how other actors have coped with issues of legitimacy and accountability. By examining other actors, potential lessons can be drawn out that might inform solutions for the IOC. In engaging in a comparative analysis, the chapter uses a ‘functionalist’ approach, examining the World Bank as it has faced the problem of accountability for problems created by World Bank- financed projects. I will argue that this situation is similar to the one the IOC is currently facing. The mechanisms that the World Bank utilized to address the problem are compared with those at the IOC’s disposal.
5. Outline of the Book
This thesis will proceed over the course of seven further chapters, roughly split into two parts. The first part consists of Chapters Two through Five, and examines the legitimacy of the IOC and the Olympic Games. Chapter Two sets out the theoretical framework of the thesis, in terms of global governance and global administrative law. The IOC, like many other global governance institutions, relies on a perception of legitimacy to carry out its mission. Chapter Two defines legitimacy, and establishes a framework as to how the IOC’s legitimacy might be examined: structurally, substantively, and procedurally. It concludes by examining the symptoms of a possible legitimacy crisis for the IOC, and how it might use improvements in its accountability as a method to adapt and buttress its legitimacy.
Chapter Three examines the structural legitimacy problems of the IOC and the Olympic Games. This chapter serves as an introduction to the broader Olympic Movement
81 Aleksandar Momirov and Andria Naudé Fourie, ‘Vertical Comparative Law Methods: Tools for Conceptualising the International Rule of Law’ (2009) 2 Erasmus Law Review 291, 295.
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