The much-awaited Tokyo 2020 Olympics were finally up and running, but have you ever wondered how the Olympic Games are governed? This article will provide a brief insight into how the Olympic Games are governed and how disputes in the Olympics are resolved by touching upon the area of International Sports Law.

For international sporting events like FIFA and the Olympic Games, international sports law kicks in. It refers to the principles of international law applicable to sport. International institutions and organizations, including international treaties relating to sports and key policy documents, govern international sporting events.

For the Olympic Games, the governing document is the Olympics Charter. Written by Pierre de Coubertin and first published in 1908, the Olympics Charter codifies the rules and by-laws adopted by the International Olympic Committee (IOC). It addresses the legal status of the IOC and the role of the National Olympic Committees (NOC). The Charter also sets out the fundamental principles of Olympism, including human rights and non-discrimination and the Olympic flag, moto, and symbol.

The IOC, which is an international non-governmental organization, is the final authority on the Olympic Movement. The Executive Board of the IOC carries out legislative functions and enacts the regulations necessary for the complete implementation of the Olympic Charter. While hosting the Olympic Games in their country, the NOCs must comply with the Olympic Charter. The contract was entered into between the IOC and NOC and for instructions from the IOC Executive Board. This reveals that sports law incorporates a variety of different legal fields like contract law, personal injury law, trademark, criminal law, and employment law.

Of much legal importance is how disputes arising from international sporting events are resolved. According to the Olympic Charter, disputes arising from the Olympic Games are submitted to the Court of Arbitration for Sport (CAS). Established by the IOC in 1983, the Court has specialized knowledge in the sports field and resolves sport-related disputes through arbitration. Arbitration is an out-of-court dispute resolution mechanism wherein parties appoint an arbitrator to make a binding decision on their dispute. The dispute matters often include doping, discipline, issues of nationality, advertising sponsorship, etc.

[caption id="attachment_4327" align="alignright" width="243"] Mr. Agapitov[/caption]

The CAS is divided into the Ordinary Arbitration Division and the Appeals Arbitration Division. It forms special ad hoc divisions to hear urgent cases that arise during the Olympic Games. A recent case heard in the ad hoc division of the Court is Maxim Agapitov v. International Olympic Committee, decided on 24th July 2021. This case concerned the withdrawal of Maxim Agapitov’s Olympic Identity and Accreditation Card (OIAC) by the IOC. In an exchange between the International Weightlifting Federation (IWF) and the IOC, additional criteria were issued for the accreditation of IWF officials, which according to the Respondents, IOC, were not satisfied by Mr.Agapitov and thus resulted in the withdrawal of his accreditation. After interpreting relevant articles of the Olympic Charter, CAS case law, and the issued criteria, the Court held that the withdrawal is set aside and Mr. Agapitov be rightly accredited. This demonstrates the legally binding force of the Olympic Charter and how it is employed by the Court to govern the Olympic Games.

In conclusion, just like any constitution, the Olympic Charter acts as a constitution for the Olympic Movement and serves as a guide for governing the Olympic Games and resolving any disputes that follow. It ties together the IOC, NOC, and CAS to ensure that the Olympics are celebrated according to the Olympics' fundamental principles.