Right or Privilege: Legal Nature of Competition Eligibility of Olympic Games: Comments on the Russian Athletes Arbitration Cases in Pyeongchang Winter Olympic Games

The sanctions on Russian National Olympic Committee by International Olympic Committee(IOC) led to lots of Russian athletes missing the Pyeongchang Winter Olympic Games. Most cases resolved by Court of Arbitration for Sport(CAS)Pyeongchang Winter Olympic Games Ad Hoc Division are involved in the dispute of Russian athletes' eligibility. The reason why the Russian athletes failed in their arbitration application was that he clauses in Olympic Charter which stipulated that Olympic Games are the exclusive property of the IOC, Nobody is entitled as of right to participate in the Olympic Games, and the IOC, which may, at its discretion, refuse any entry, without indication of grounds. IOC using its exclusive property right to refuse the innocent athletes to participate in the Olympic Games without proper and resealable grounds may constitute monopoly. The innocent athletes who achieved the standards of eligibility have the right to participate in the Olympic Games, and this right is not a privilege given by IOC. The reform of good governance in Olympics requests the amendment of Olympic Charter to protect the competition right of the athletes to realize the purpose of Athletes' Rights and Responsibilities Declaration.