Olympic Charter Research Articles

REGISTRO NORMATIVO Y DESARROLLO DE LA LEGISLACIÓN PARA EL DEPORTE NACIONAL

Objetivo general: dar a conocer la historia, evolución y organización, en cuanto al estado de gobernanza y organización de la federación colombiana de atletismo. Metodología: Este artículo es de revisión, con enfoque mixto, diseño transversal y alcance investigativo descriptivo. En la revisión bibliográfica se encontraron: 9.668 artículos, de los que se identificó que, únicamente, 182 artículos eran funcionales, porque, aportaban significativamente a la investigación, y, se encontraban distribuidos en las bases de datos de la siguiente forma: Scopus (27), ProQuest (28), Science Direct (37), Sport Discus (40), Google Académico (50). Resultados: son presentados de acuerdo con cada uno de los indicadores evaluados por el instrumento utilizado. Los artículos encontrados como funcionales aportaron y ayudaron a aclarar conceptos propios del objeto de estudio. Por ejemplo, la Carta Olímpica, que es el máximo referente mundial del deporte en el cual los principios fundamentales del Olimpismo marcan un camino desde la filosofía, objetivos, acciones, derechos y deberes. Así mismo, registros normativos del desarrollo del deporte en base, por ejemplo, a la educación. La educación es un derecho fundamental y que el deporte contribuya en este proceso es un tema fundamental para que el Gobierno Nacional. El estado lo manifiesta en un artículo de la Constitución Política de 1886 donde: “El Estado tendrá, sin embargo, la suprema inspección y vigilancia de los institutos docentes, públicos y privados, en orden a procurar el cumplimiento de los fines sociales de la cultura y la mejor formación intelectual, moral y física de los educandos.” (Congreso de la República, 1936). Conclusiones: Es evidente el crecimiento y desarrollo en cuanto a la organización del deporte a nivel nacional. Además, La creación de la ley 181, supone un punto de quiebre para la normatividad, legislación y evolución del deporte colombiano.

Jiří Stanislav Guth-Jarkovský in the Interwar Olympic Movement

The article follows the work of JiřiStanislav Guth-Jarkovský in the given period both on the domestic and on the international scene. In the new Czechoslovak state, it was necessary to establish a new Czechoslovak Olympic Committee which would serve as a representative of athletes of all nationalities. This, however, proceeded very slowly. With the strengthening of the status of sports associations, their young officials also asked for a greater share of COC’s decision-making. There-fore, in the second half of the 1920s, there was a crisis in the Czechoslovak Olympic Movement, to which Guth-Jarkovsky responded by retreating. Throughout the interwar period, however, he re-mained an active member of the International Olympic Committee. At first, he was the Secretary General, later a member of its executive board. He actively participated in the design and adoption of the Olympic Charter and organization of the 8thOlympic Congress in Prague in 1925. However, in 1936 his reputation was damaged by his support of the XI. Olympic Games in Nazi-dominated Berlin.

Cruel Optimism: Zika, Lex Sportiva, and Bodies of (Alleged) Contagion

Previous literature has noted the connection between sport and corporate environmentalism, especially that which has positioned the sport mega-event as a facilitator of “sustainable” development. David Chernushenko (1994) was the first environmentalist to propose a model of ecologically sustainable development for sport and recreation management, which was criticized for the notable appeal to neoliberalcapitalist advancement. Due to eco-driven protests in Denver (1974), Toronto (1989), and Rome (1997), the International Olympic Committee (IOC) amended the Olympic Charter to reflect growing environmental concern. Yet the IOC model has—much like the work of Chernushenko—continued to favor finance. Recent literature has documented the extent to which the Olympic pillar of “sustainability,” intended to “integrate sustainable development into their policies and activities,” has allowed for deceptive corporate marketing to merely greenwash the Games. It is from this context that the Aedes aegypti or Yellow Fever mosquito rapidly emerged—now host to Dengue, Chikungunya, Zika, Mayaro, and other viruses. We borrow from Lauren Berlant the notion of “cruel optimism” to describe structural/institutional ideologies (e.g., allegiance to the monogamous, heteronormative family) that facilitate capitalist expansion, even in the midst of (environmental) crisis.3 While the literal destruction of the cityscape (whether sport-prompted or not) has cemented an economic logic into the physical landscape and modern mind, we contend that scientific-technological communities need to (more carefully) protect and privilege the pre-existent “nature-made” strategies of sustainability. So, to make an authentic commitment to the environment, the IOC—as emblematic of an international conglomerate repeatedly encouraged to rewrite and recreate sovereign law—would need to legally enforce the protection of local ecologies as it has legally enforced the protection of corporate sponsorship and the Olympic brand.

The Fluidity of Gender and Implications for the Biology of Inclusion for Transgender and Intersex Athletes.

One of the most contentious issues in modern day sport arises when sports are divided into male and female categories. The International Association of Athletics Federations' (IAAF) previous policy regulating intersex athletes was suspended by the Court of Arbitration for Sport (CAS), resulting in a new policy. The challenge faced by the governing body of athletics is to formulate a policy that upholds both international law and the Olympic charter that stipulates athletes compete without discrimination of any kind. Implementation of the policy has been delayed until after a verdict, expected no later than March 26, 2019, in the Semenya versus IAAF trial in the Court of Arbitration for Sport. If the policy is enacted, it will restrict athletes from competing in the female athletics category with specific differences of sex development (DSD) in races from 400 m up to the mile in international level competitions unless they lower their natural testosterone (T) levels below 5 nmol·L. To thoroughly assess this new IAAF policy, one needs to appreciate its legal, sociological, and scientific underpinnings but also the history of previous policies attempting to define precisely how athletes should be divided into male and female categories. We previously proposed a system to deal with gender variant athletes that relied on a determination of an "athlete/athletic gender." The concept of "athlete gender" was presented to multiple audiences, and the resulting survey is included. A large majority of participants (71% of 153) who answered the survey agreed with the idea of an athlete gender. This position also was accompanied by the request for more studies (20% of those who agreed) and concern over the process of hormone monitoring (32% of those who agreed) to avoid doping misuse. The primary argument of those participating in the survey that disagreed with the position (23% of 153) was that biological differences between males and females remained even after the transition (47% of opposing comments). Mixed gender/sex competitions provide unique opportunities for athletes to compete against one another outside of the traditional male/female divide and pave the way for a more flexible approach for dealing with gender variant athletes.

Information Wars and Sanctions of the International Olympic Committee as Means of Political Pressure on the Russian Sport and Public Opinion

Combating doping has turned into a subject of harsh political pressure on Russia and the Russian public opinion in the run-up to the presidential elections in Russia in 2018. The Executive Board of the International Olympic Committee has suspended the activities of the Russian Olympic Committee and allowed the Russian athletes to perform in PyeongChang Games-2018 under the Olympic f lag in the status of «Olympic Athletes from Russia». The article considers the violated fundamental principles and norms of the international law and the human rights enshrined by the Universal Declaration of Human Rights and the Convention for the Protection of Rights and Fundamental Freedoms and guaranteed by constitutions of civilized states and by the Olympic Charter Rules. The decline of Russian representation in international organizations has resulted in the violation of the fundamental principles and essential values of Olympism, the Olympic Charter and in infringement of human rights and liberties. The Olympic Charter permits the athletes to challenge penalties relating to participation in the Olympic Games exclusively in the Court of Arbitration for Sport (CAS). The study of judicial practice and legal precedents in national courts gives credence to the right of any person/entity to judicial protection of honour, dignity and business reputation from distribution of unfaithful defamatory information and to the right to demand compensation of losses and non- pecuniary damage at civil courts.The article gives some examples of athletes applying to the national courts with legal claims for compensation for professional and non-pecuniary damage. The issues of defence of the National Olympic Committee, the Paralympic Committee, the interests and professional reputation of athletes of the great sporting empire should be handled originally at the governmental level, with involvement of international law counsellors. It is necessary to reform the sports system and the anti-doping laws. WADA (World Anti-Doping Agency) activities and the sport management system should be transparent, comprehensible and verifiable.

The Olympic Charter: A Transnational Constitution Without a State?

This article examines various aspects of Teubner's theory of societal constitutionalism using the lex sportiva as an empirical terrain. The case study focuses on the operation of the Olympic Charter as a transnational constitution of the Olympic movement. It shows that recourse to a constitutional vocabulary is not out of place in qualifying the function and authority of the Charter inside and outside the Olympic movement. Yet, the findings of the case study also nuance some of Teubner's descriptive claims and question his normative strategy.

Is It Needed to Criminalize Abuses in the Field of International Sports?

In the article, a thorough analysis of legislation in the sphere of sport regulation is carried out; The status of the organizers of international official sports competitions is explored in detail. Particular attention is paid to the IOC. The author broadly describes the structure of the IOC administration, the powers of the IOC governing bodies, addresses the issue of the fairness of IOC referring to non-profit organizations, indicating high profitability from international Olympic activities, as well as sole ownership and disposal of the Olympic property. Attention is also drawn to the specific status of the IOC as a pseudo-judicial body.Further in the article questions of a legal status of participants of the legal relations arising in connection with carrying out of the official international sports competitions are mentioned. It is concluded that the provisions of the Olympic Charter contradict the UN International Covenant on Civil and Political Rights of 1966, which prohibits any discrimination on any grounds. The deprivation of the citizen’s right to know about the reasons for the refusal to realize the legitimate interest, in the author’s opinion, is a specific form of abuse of the law.The problem of criminal liability for abuse of persons performing administrative functions in international organizations, in the sphere of organizing and organizing international sports competitions is raised. It is proved that the current Criminal Code of the Russian Federation and its art. 184, 201, 230.1, 230.2 do not fully protect the rights and legitimate interests of stakeholders, which is also confirmed by the fact that the extent of the practice of applying these prohibitions does not ref lect the actual extent of the problem. The author analyzes the current criminal legislation of the Russian Federation on the responsibility for the abuse of persons performing managerial functions in the non- state sector (including in the sphere of organizing and holding international sports competitions), and the practice of its application; shows that the relevant legislation does not provide for the purposeful prevention and suppression of socially dangerous actions of persons exercising authority in the sphere of organizing and conducting international sports competitions in sports, for abuses that are associated with violation of the rules established by the regulations (charters) of such organizations, as well as with use of their powers in violation of the principles of international law, which caused significant harm to the rights and legitimate interests of the athlete new and teams of athletes, organizations, law-protected interests of the state. In this regard, it is proposed to supplement the Criminal Code with a new article 201.3 «Abuse of powers in the organization and conduct of official international sports competitions».

The Right to Profitable Speech

Social media has given athletes unprecedented voice and direct access to audiences. To analyze the influence of athletes in the production of mediasport narratives, the focus on mediasport interpellation theory is applied to athletes as both readers and producers of consumerist mediasport hails and is then explored in two case studies. During the 2012 Olympics, a band of athletes launched the #WeDemandChange campaign against Rule 40 of the Olympic Charter, which limits social media speech rights. This impedes financial opportunities because they are unable to blog and tweet about their sponsors if they are not also Olympic sponsors. In 2016, non-Olympic sponsors furthered anti-Rule 40 protests, positioning themselves as covictims. The 2012 and 2016 campaigns framed Rule 40 as a civil rights and speech advocacy issue; however, they primarily focused on building better market conditions for non-Olympic sponsors. In so doing, they obfuscated systemic conditions that contribute to the untenable financial situations described in the protests themselves. Ultimately, it is argued that athletes, as reader-producers who are hailed by and operate within the commercial mediasport complex, are subject to and perpetuate the interpellative power of mediasport and the consumerist ideology it supports.

Analyzing Rule 40’s Restrictions on Using Athletes in Olympic Sponsorship at Rio 2016

This intervention considers changes to Rule 40 of the Olympic Charter during the 2016 Summer Games. It compares predictions made prior to the Games relating to legal issues in Olympic sponsorship and ambush marketing with what was observed on-site and what occurred online pertaining to legal issues in sponsorship at Rio 2016. Using examples from the United States and efforts by the USOC to enforce Rule 40, the author considers how Olympic officials have shifted their emphasis toward regulatory efforts aimed at athletes, such as through a relaxed Rule 40, rather than via traditional brand-protection efforts. The implications of this change are suggested in the context of the Olympic legal and business environment.

Olympic Ideals and the Limitations of Liberal Protest

Idealist rhetoric has served the interests of all players in the Olympic industry for more than a century, and continues to do so, despite global resistance campaigns and indisputable evidence of the International Olympic Committee’s self-serving hypocrisy. Much of this rhetoric has its origins in nineteenth-century Europe, as expressed by Coubertin, the founder of the modern games. In Western democracies, propaganda that invokes Olympic ideals and values floods the media, the school system, and even the academy. Many liberal critics have relied on idealist arguments, apparently in an attempt to appeal to Olympic leaders’ and sponsors’ sense of decency and commitment to the moral principles embedded in the Olympic Charter. However, reliance on idealism has become so exploited and tainted by Olympic industry leaders that its use is both unwise and ineffective. History has shown that these principles have repeatedly been ignored by the IOC, national Olympic committees, international sports federations, bid and organizing committees, and athletes. A more productive approach to Olympic protest calls for politicians and business leaders in bid and host cities to assess all the economic, social, and environmental costs associated with hosting the games.

Protest, Activism, and the Olympic Games: An Overview of Key Issues and Iconic Moments

Since the early days of the modern Olympics, luminaries within the International Olympic Committee have actively discouraged mixing sports with political protest. However, throughout the history of the games, activism has often bubbled to the surface. This has taken two predominant forms: (1) athlete activism and (2) political movements that springboard off the games to express their dissent, taking advantage of the media spotlight that flashes over the host city during the Olympics. Historical interplay exists between political movements and athlete-activist moments: protest groups create discursive space into which athletes can strategically move. This article is a panoramic historical survey featuring episodes of both athlete-activism and movement protest, from Irish athlete Peter O’Connor at the 1906 games to Tommie Smith, John Carlos, and Peter Norman at the 1968 Olympics, from South African activists who leveraged the Olympic Charter to fight Apartheid in the 1960s and 1970s to activists who took to the streets during the Rio 2016 summer games. Along the way, I delimit the central grievances that movements have raised vis-à-vis the Olympics both historically and in the twenty-first century – from high costs and social displacement to the militarization of the public sphere and broken legacy promises.

Olympism and the Olympic Charter – The Potential for Women

Extract: The involvement of women in and around the Olympic Games has been the subject of much conjecture.The International Olympic Committee (IOC) has over many years, undertaken significant efforts to advance the position of women in and in relation to the Olympic Games. One way the IOC has sought to increase the participation of women athletes at the Olympic Games in recent times, has been to agitate for the inclusion of women from countries where representation has not occurred in the past, or has been poor.

Olympics and Rule 40: A Critical Examination

The most awaited event in the world of sports has given rise to a controversy, following the recent amendment in the form of the much discussed, Rule 40, of the Olympic Charter. This move has been criticized due its various drawbacks. In the wake of the same, an attempt has been made to critically examine the situation, considering the aspects of commercial marketing, intellectual property attributes relating to the event, rights of athletes and most importantly the effective implementation of this rule. In the London Olympics, rule 40 had secured a mention due to the protests initiated by athletes, on various public platforms. In furtherance of a critical evaluation, controversies have been summarized and examined. In the effort to depict the failed attempts at bringing about a harmonious balance between rights of athletes and getaways available to the independent sponsors, possible impacts in various dimensions have been addressed. The recent advertisement campaign of Nike, which holds the potential of initiating proceedings against an Indian hockey player, Rani Rampal, has also been assessed. The article concludes with highlighting a crucial need for considering the controversies emerging because of Rule 40.

A Study of Organizational Structure and Management of National Olympic Committee in ASEAN

The purposes of this research study are to review the histories, organizational structures, and managements of National Olympic Committees in ASEAN countries as well as to analyze and synthesize the findings according to the modern system theories and organizational concepts in order to present the guidelines for driving the Olympic Movement of National Olympic Committees in ASEAN.The samples in this study are purposively sampled. They were the experts from the committees. The instruments are questionnaire and semi-structured interview developed by the researcher. The qualities of the instruments were checked by measuring the construct validity, calculating the index of congruence under the considerations of the experts, and determining the reliability with Cronbach’s method, respectively.It is found that the committees had good developments and protections for the Olympic Movement according to the main evidences. There are five aspects of organizational management: 1) input including people, budgets, management, and equipment required for an effectively supporting the activities; 2) process that is the method that can take the input into the system step by step in order to result in output; 3) output that is the goals in the forms of efficiency, effectiveness, satisfaction, and compensation specified by the committees; 4) feedback adjusting the output from the system to be satisfactory; and 5) environment including internal environments (e.g. atmospheres and member interactions) and external environments (e.g. national economy and politics). It is found that Thailand has the most systematical management followed by Indonesia, Malaysia, Singapore, Philippines, Vietnam, Cambodia, Myanmar, Laos, Brunei, and Timor-Leste, respectively. For the guidelines for driving the Olympic Movements, there are three strategies as follows: 1) support the international sport events according to the Olympic Charter, 2) develop the databases and information technology systems of the Olympic studies in order to support the movements, and 3) coordinate with the public and private sectors to conduct activities according to the Olympic Movement. Finally, researchers believe that the circumstances of good cooperation between national and international sport organizations will achieve the objectives of Olympism. The Movement under scopes and directions of sport strategic plans will fruitfully fertile to children, youths and citizens with good physical and mental health, living peacefully with fraternity in society by means of Olympism and Olympic Movement. We hope that ASEAN countries can pave the path to host Summer Olympic Games in the near future.

The Legal Effect of the IOC Olympic Charter in Korea - Focusing on Observance of the Olympic Charter by New KOC -

The Legal Effect of the IOC Olympic Charter in Korea - Focusing on Observance of the Olympic Charter by New KOC -

Ski Orienteering Disciplines as the Most Prospective for the Program of the OWG

The article reviewed the process of expansion program of the Olympic Games in accordance with the rules of the Olympic Charter. The level of development and the advantages of a ski orienteering disciplines are presented for inclusion in the program of the Olympic Winter Games 2022.

Sport as Education: Between Dignity and Human Rights

The main topic of this study is the relationship between sport and dignity. By taking a pedagogical perspective, we will analyze whether sport, understood as human and educational practice, expresses human dignity and human rights, as stated in the Olympic Charter as well as in many declarations and documents of United Nations and the Council of Europe. Everybody has the right to health, social inclusion, and leisure: this is the reason why the above mentioned international organizations regard sport, which is always referred to as healthy and ludic activity, as a key means to promote the fundamental rights and dignity of people as human beings and citizens. Nevertheless, we will argue that the way in which we conceive sport in our society is at odds with the goal of turning it into real inclusive practice. For this reason, we need to critically rethink sport in order to avoid the presence of the so-called “hiddencurriculum”in the discourse that conceives of sport as a human right linked to the concept of human dignity. In this study, we will use a deconstructionist methodological approach. Our main conclusion will be that sport can be better rethought from a social, inclusive, and educational perspective, rather than from a merely rhetorical one. From such an inclusive standpoint, sport can play a fundamental role to promote both contemporary human rights education and human dignity.

From Black Power to Indigenous Activism: The Olympic Movement and the Marginalization of Oppressed Peoples (1968-2012)

AbstractDuring the 2012 London Olympic Summer Games, Indigenous boxer and member of the Australian national team Damien Hooper was nearly disqualified from Olympic competition for entering the ring wearing a shirt inscribed with the Aboriginal flag of Australia. National Olympic officials cited charter rule 50, which forbids political, religious, or racial demonstrations inside an Olympic venue, to immediately reprimand this Indigenous athlete for his actions. Using the Hooper example, this paper argues that Olympic principles and governing laws undoubtedly infringe on the fundamental human rights of marginalized and oppressed populations throughout the world. Specifically, Olympic Charter rule 50 categorically sustains the illegal missions of colonizing settler governments that attempt to rule over Indigenous people and their lands. Within the Olympic domain, Indigenous athletes are forced to assume the identity of the colonizing settler citizenry, thereby further validating the political authority of an illegally imposed governing structure.

Організаційна структура та основні функції діяльності Міжнародного конвенту «СпортАккорд»

Purpose: to define and determine the basic functions of International convention “SportAссord” activity within the framework of international sport movement. Materials and methods: 21 literary sources have been analyzed. Results: International convention “SportAссord” is a nongovernmental sport organization, which unites, supports, coordinates and protects international sport federations and organizations in the international sport movement. “SportAссord” does its activities in accordance with United Nations General Assembly Resolution 1296 (XLIV), provisions of the International Olympic Charter and Code of Ethics, grounding on World Anti-Doping Code. The president is the head of administrative office, with the departments and board of executive body under control. General Assembly is the supreme authority, which carries out the range of basic tasks and grants authority to the management of “SportAccord” and its members for them to fulfill general and special functions. Conclusions: the International convention “SportAccord” activity is aimed at carrying out tasks by fulfilling general and special functions on the basis of international and internal legal documents.

Simplicity in the Complexity of Organizing the Olympic Games: The Role of Bureaucracy

The Olympic Games involve many individual and organizational stakeholders as well as an infinite number of tasks requiring technical competence; hence, they are complex to organize. On the other hand, there are constant principles in their organization that are determined by the rules of the 2014 Olympic Charter and the Host City Contract (HCC), which affect the Organizing Committee of the Olympic Games (OCOG), an entity of limited duration established with a single mandate: to organize the Games. The purpose of this study was to investigate whether the organizational efforts of an OCOG are guided by Weber's tenets of bureaucracy: division of labor; authority structure; system of abstract rules; impersonality; and technical competence. In order to fulfill this purpose the authors used a case study methodology and investigated the Athens 2004 Organizing Committee of Olympic Games (ATHOC). The methodology also included review of relevant literature and official ATHOC documents, especially the 2004 Official Post Games Report. Moreover, personal experience of the first and second authors, who were contractually involved with the organization of the Athens 2004 Olympic Games, was employed. It was concluded that ATHOC used Weber's tenets of bureaucracy to simplify its organizational efforts.