How Powerful is the IOC? – Let’s Talk about the Environment

Marc A. R. Zemel, Northwestern University Law School

Abstract

The International Olympic Committee (IOC) is in a unique position as the supreme administrator of an immensely popular international mega-event and a self-proclaimed champion of environmental issues and sustainable development. Every two years, cities from all over the world spend millions of dollars for the mere privilege of competing to host the Olympic Games, and those cities must play by the IOC’s rules. In addition, Article 2 of the Olympic Charter, the constitution-like instrument governing the IOC and the Olympic Movement, requires the IOC to ensure that the Olympics are held to promote sustainable development and show concern for the environment. Synthesizing these two facts, one would assume the IOC uses its influence to the utmost to demand an ecologically sound Olympic Games. Unfortunately, despite modest improvements in the Olympics’ footprint through education and non-binding goals, the Olympic Games remain an unsustainable goliath. This article asserts that imposing binding environmental requirements on Olympic host cities is the most effective tactic for the IOC to ensure truly sustainable Games. To this day, the IOC has refrained from imposing such environmental requirements despite their power to do so and their commitment to the environment. Part I of this article details the history of the IOC’s interest in environmental well-being. Part II examines the current and historical efforts of the IOC to influence host cities to execute environmentally friendly Olympic Games. Part III discusses the successes and failures of those tactics, providing particular attention to the Beijing 2008 games. Part IV provides a thorough analysis of the IOC’s source of authority to impose binding environmental standards for the Olympic games. Part IV analyzes a contract theory, an international treaty theory and a customary law theory for its authority, and discusses the methods available to enforce such binding requirements.