Page 37 - THE INTERNATIONAL OLYMPIC COMMITTEE’S ACCOUNTABILITY FOR HARMFUL CONSEQUENCES OF THE OLYMPIC GAMES- A MULTI-METHOD INTERNATIONAL LEGAL ANALYSIS Ryan Gautier

Chapter Two – Global Governance and Legitimacy
substance go hand-in-hand, and procedures such as public participation may actually lead to a strengthening of the general culture in producing positive substantive outcomes.14
A second critique is that for a global administrative regime to function, a backdrop of law delineating the relationship between individuals and public authorities—in other words, a constitution—must exist.15 As such, perhaps a theory of global constitutionalism, or perhaps a global public law might be a more appropriate theory to examine the issue.16 This is not to say that global constitutionalism is in opposition to global administrative law. Many prescriptions of global constitutionalism are similar to those of global administrative law, such as adherence to due process, proportionality, legality, and transparency.17 The added value of a global constitutionalist mind-set is the placement of human rights protection at a core of international responsibilities.18 However, this research uses GAL for the same reason other scholars do so—not out of an ignorance or disdain for substantive law, but to narrow the field of inquiry.19 A focus on procedure moves the discussion away from a normative conversation as to what the substantive considerations should be. A shortcoming of some Olympic scholarship is the undue focus on the Olympic Charter, and its language of “promoting a peaceful society concerned with the preservation of human dignity,”20 as a jumping point to argue that the IOC must broadly address human rights abuses in countries that host the Olympic Games. This argument has been made by both popular press,21 and academics, where some have suggested that the Olympic Charter has the status of customary international law.22 These discussions treat the Olympic Charter as
14 See, e.g., Jean Drèze and Amartya Sen, India: Development and Participation (2nd edn, Oxford University Press 2002) 10–11; Amartya Sen, Development as Freedom (Oxford University Press 1999) 5.
15 Ming-Sung Kuo, ‘Between Fragmentation and Unity: The Uneasy Relationship Between Global Administrative Law and Global Constitutionalism’ (2008-2009) 10 San Diego International Law Journal 439, 440.
16 ibid.
17 Anne Peters and Klaus Armingeon, ‘Introduction – Global Constitutionalism from an Interdisciplinary Perspective’ (2009) 16 Indiana Journal of Global Legal Studies 385, 388.
18 Anne Peters, ‘The Merits of Global Constitutionalism’ (2009) 16 Indiana Journal of Global Legal Studies 397, 399.
19 Kingsbury, Krisch and Stewart (n 12) 29.
20 International Olympic Committee, Olympic Charter (2014) Fundamental Principles of Olympism ¶ 2 (Olympic
Charter).
21 Nikki Dryden, ‘Will the IOC Play by its Own Rules at Sochi?’ GlobeandMail (Toronto, 28 August 2013) <http://www.theglobeandmail.com/globe-debate/will-the-ioc-play-by-its-own-rules-at-sochi/article13994264/> accessed 14 May 2014.
22 Paul Mastrocola, ‘The Lords of the Rings: The Role of Olympic Site Selection as a Weapon Against Human Rights Abuses: China’s Bid for the 2000 Olympics’ (1995) 15 Boston College Third World Law Journal 141, 147; David J. Ettinger, ‘The Legal Status of the international Olympic Committee’ (1992) 18 Pace Yearbook of
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