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School of Law 
Pace International Law Review 
Pace University
Year 
1992
The Legal Status of the InternationalOlympic Committee
David J. Ettinger
This paper is posted at DigitalCommons@Pace.http://digitalcommons.pace.edu/intlaw/38
 
COMMENT
THE
LEGAL
STATUS
OFTHE
INTERNATIONAL
OLYMPICCOMMITTEE
"[S]hould
there existanywhere
in
the
world
a
privilegedplace
where
one
could
be
tempted
to
outline the leading
ideas
which
are inspired
by
the
comparison
between
law
and
sport,
that
place
is
certainly
Olympia.
"t
INTRODUCTION
The International
Olympic
Committee
(IOC),
a
nongovern-
mental
organization
(NGO),
plays
an
important
role
in
interna-tional sports
law,
andcontrols
the
largestand most participated-
in
internationalsporting
event in
the
world
today-the
Olympic
Games.
1
The
IOC
is
the
governing
body
for
the
Olympic
Games
and
has
final
authority
on
all
questions and disputes
that
arise
under
the
Games.
2
In
1991,
the
IOC
amendedthe
Olympic
Char-
t
Battonnier
Ren6
Bondoux,
Law
and
Sport,
OLYMPIC
REV.,
Aug.-Sept.
1978,
at
494.
The
ancient
Olympic
Games,first
celebrated
in
776
B.C.
at
Olympia,
Greece,
fea-
tured
competition
between rival
Greek colonies.
Many
kings,
including
the
Roman
em-
peror
Nero
(A.D.
37-68),
competed
in
the
Games
until
Greece
lost
its independenceand
the
Romanemperor
Theodosius
I
(circa
393
A.D.)
abolished
the
Games. Originally
con-
sisting
of
only a single
event,a
foot-race
the
length
of
the
stadium,
the
Games
were
later
spread
out
amongseveral
daysand
consisted
ofeventssuch
asboxing,
wrestling,
the
javelin,
chariot
racing,
and
the
long
jump.
In
1896,
under
the
Kingof
Greece,
the
modernOlympic
Games
were
revived.
The
first
Olympiad
took place
in
Athens
in
a
newly
con-
structed
stadium.
Thereafter,
the
games
moved
at
four-year
intervals
to
various
cities
around the
world.
In
1924,
a
separate
cycle
ofwinter
games
was
played
in
Chamonix,
France.
THE
NEW
ENCYCLOPEDIABRrrANNICA
Vol.
VII (15th
ed.
1985).
2
OLYMPICCHARTER
Rule
1 § 1
states:
"The
IOC
is
the
supreme
authority
of
the
Olympic
Movement."
OLYMPIC CHARTER
Rule
1§ 2
states:
"Any
person
or
organization
belonging in
any
capacitywhatsoever
to
the
Olympic
Movement
is
bound
by
the
provisionsof
the
Olympic
Charter
and
shall
abide
by
the
decisions
of
the
IOC."
 
PACE
YB.
INT'L
L.
ter
(governingrules
and
regulations
for
the
OlympicGames),
and
on
June
16,
1991
these
amendments
came
into
force.
s
This
comment
analyzes
how
the
IOC
has
legitimized
its
"in-
ternational
personality
'
"
4
and
legal
status
underthe
guidelines
of
international
law,
andwhether
the
IOC
is
using
its personalityproperly.
Part
I
of
this
comment
provides
a
generalbackground
of
the
IOC.
Part
II
discusses
the
IOC's
status-as
anongovern-
mental
organization
and
legal
person
underinternational
law.
Part
III
discusses
the
IOC's
establishment
of
thearbitrationtri-
bunal,
the
Court
of
Arbitration
for
Sport
(CAS).
Part
IV
ana-
lyzes
individualsand nations
as
subjects
of
IOC
rules.
Part
V
pointsout
some
existing
problems
within
the
IOC's
framework
and
suggests
possible
solutions
to
these
problems.
Finally,
Part
VI
concludes
that
the
IOC
hasmade
some
necessary
changes
in
the
Olympic
Charter,
however,
until
further
changesare made,
any
individual
or
entity
should
be
cautious
when
dealing
with
the
Olympics'
governing
body,
the
IOC.
I.
THE
IOC
On
June
23,
1894
the International
Athletic
Congress
of
Paris5
unanimously
voted
infavor
of
establishing
the
modern
Olympic Games,
6
and
the
IOC
was
created.'The
IOC
is
a
non-
profit
organization,
8
comprised
of
members
from
over
fifty
coun-
See also
OLYMPIC CHARTER
Rule
9
§
2
which
states:"The authority
of
last resort
on
any
question
concerning
the
Olympic
Games
restsin
the
IOC."
'
See
OLYMPICCHARTER.
'
For
a
discussion
of
international
personality
and
how
the
IOC
hasproven
itself
to
be
an
international
person
see
infra
notes
42-83
and
accompanying
text.
'
The
Unionof
the French
Societies for
Athletic
Sport
gathered
as
an
international
congress,
encouraged
some years
earlier
by
Baron
Pierre
de Coubertin,
and
consisted
of
participants
from
twelve
different countries.
Important
sports
associations
were
includedin
orderto
discuss
therebirth
of
the
Olympic
Games.Howard
Stupp, The
Evolution
of
the
Legal
Status
of
theInternational
Olympic
Committee
In TheXXth Century,
Speech
to
IOC
Meeting.
'
OLYMPIC CHARTER,
FUNDAMENTAL
PRINCIPLES
§
1
states:
"Modern
Olympism
was
conceived
by
Pierre
de
Coubertin,
onwhose
initiative
the
International
Athletic
Con-
gress
ofParis
was
held
in
June
1894."
Coubertinintended the
members
of the
IOC
to
be
custodians
of
a
trust
to
ensure
that
members carried
out
the
principles
and
rules
of
the
Olympic
Movement.
LORD
KILLANIN,
MY
OLYMPIC
YEARS
13
(1983).
See
JAMES
A.R.
NAYZIGER, INTERNATIONAL
SPORTS
LAw
26(1988).
See
OLYMPIC CHARTER
Rule
19
at
§
1.
[Vol.
4:97
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