Page 38 - 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
a human rights instrument, rather than as the governing document of the Olympic Movement. Instead of spending time parsing the scope of human rights within the Olympic Charter, it is useful to recognise that other instruments exist, and can be used vis-à-vis the IOC, discussed in Part 3.2, below. Moving away from the issue of substantive rights thus frees up space to examine issues of accountability, in particular on how the IOC can improve its accountability, as opposed to why it should do so.
A third critique of global administrative law questions whether accountability can exist in a global administrative law system absent democracy.23 A similar argument is made in regards to legitimacy, discussed below. However, this critique confuses the problem of accountability with one of representation. An accountability forum need not be a democratic forum. For instance, a funding agency such as the Bill and Melinda Gates Foundation may seek to hold a recipient accountable for the manner in which the funds are spent.24 However, the Foundation is not itself democratically-accountable. Although this situation has raised concerns,25 it does not pose a barrier to the Foundation seeking to hold others accountable. Returning back to the IOC, the CAS is an accountability forum, but one that is not democratic. Although a democratic accountability forum is ideal, democracy is not a necessary precondition for accountability.
2.3. The IOC as a Global Governance Actor
The IOC, as well as the broader Olympic Movement, is engaged in global governance. The IOC is a member and the head of the Olympic Movement. The Movement itself is a constellation of other sporting organisations, explained in more detail in Chapter Three. What is necessary to know now is that the Olympic Movement exercises almost monopolistic governance over sport, from the ‘grassroots’/amateur level to
International Law 97, 104 (citing James A.R. Nafziger, International Sports Law (1st edn, Transnational Publishers 1988) 34).
23 David Dyzenhus, ‘Accountability and the Concept of (Global) Administrative Law’ [2009] Acta Juridica 3, 7.
24 Grant and Keohane consider this mechanism, ‘fiscal accountability’ to be a mechanism of accountability in
world politics. Ruth W. Grant and Robert O. Keohane, ‘Accountability and Abuses of Power in World Politics’ (2005) 99 American Political Science Review 29, 36.
25 Valerie Strauss, ‘An Educator Challenges the Gates Foundation’ The Washington Post (Washington, 08 October 2014) <http://www.washingtonpost.com/blogs/answer-sheet/wp/2014/10/08/an-educator-challenges-the- gates-foundation/> accessed 11 June 2015.
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