This chapter explores the function of ethics in the International Tennis Federation (ITF). It starts off by setting out the difference between ethics and law and then introduces the ITF’s substantive ethical rules. It explores covered persons under these rules, as well as the incumbent basic and other rules. It then examines the role and functions of the ITF’s Ethics Commission and analyses the few cases that it has entertained over the years. The chapter examines how ethics investigations are conducted, as well as the nature of relevant decisions by the Commission, which classifies breaches as either aggravated or non-aggravated. It futher examines the suspensive effect of the notice of charge and recourse to the ITF’s Independent Tribunal and the CAS, as well as the range of sanctions that may be employed. Finally, the chapter explores the elections and Eligibility Panel of the ITF in respect of those seeking elections to the higher executive echelons of the ITF.

This chapter explores certain intellectual property (IP) rights arising in the context of professional tennis. It starts off with an overview of IP rights and their territorial scope. It goes on to show that IP rights are subject to a regime of ownership. The first relevant right is trademarks. The chapter explains its legal nature, and how trademark issues arise in professional tennis, particularly as regards traditional and non-traditional trademarks, colour marks, shape marks, sound marks, smell and taste marks and motion, gesture marks and holograms. The chapter then proceeds to explain the protection offered under each mark. It then goes on to explore designs, copyright and image rights/publicity rights, as well as patents and trade secrets in tennis. It explores the commercialisation of IP rights in tennis, including sponsorship agreements, licensing agreements, ambush marketing, endorsement contracts, merchandising agreements and broadcasting rights. It concludes by offering an analysis of enforcement of IP rights, contractual remedies and damages claims.

This chapter explores safeguarding as a duty on tennis sport governing bodies (SGBs) and tennis academies in respect of their athletes, whether junior or senior. The chapter considers safeguarding as a duty of care, the violation of which gives rise to tort-based liability. It looks at the various instruments and codes adopted by tennis SGBs, as well as by national tennis federations, including also their monitoring processes. The chapter explores how these processes are enforced with a view to limiting exposure to risks present or future. The chapter also considers health and safety as part of the duty of safeguarding and goes on to point out legal consequences for failure to meet safeguarding obligations.

In the last decade, the number of migrants within the African continent has increased significantly, which triggered many African states to adopt laws criminalizing illegal entry or working without a work permit. Further, the European Union has signed agreements with several African states to prevent migrants entering the EU, which resulted in many migrants are utilizing dangerous routes, being exposed to serious human rights violations, including enforced disappearances. The Convention for the Protection of All Persons from Enforced Disappearance prohibits expulsion of persons who can be in danger of being tortured or forcibly disappeared. However, many states lack these provisions within the domestic laws or do not implement them, leaving many migrants vulnerable to criminal gangs and state security abuses. However, the lack of political will, technical expertise, lack of legal structure and understanding of the crime of enforced disappearances all lead to the failure of the states to prevent enforced disappearances of the migrants on the continent.

Around the world, countries have set up climate institutions that putatively “depoliticize” climate policymaking, removing decisions from the realm of partisan politics or delegating decisions to technocratic bodies. Here, we offer an empirical reassessment of such apolitical institutions in the UK, Norway, Denmark, and Australia. We find that what seems in many cases like depoliticization – upon closer examination – proves anything but. Instead, we offer a reinterpretation of climate advisory institutions as the path-dependent product of distributive and partisan conflicts. New climate institutions did not emerge merely as a result of norms about public goods provision and efforts to reshape intertemporal policymaking incentives, to provide stability, or to solve the gap between current and future welfare needs. Instead, these institutions addressed core distributive conflicts over climate policy, the short- or medium-term political needs of incumbent governments, or both. In turn, we argue that this political context surrounding their creation has limited the degree to which they can stabilize policy over time or depoliticize climate policy debates.

The history of global climate governance can be seen as a series of politicization conflicts. Countries seek to either legitimize and strengthen hard-won global rules or reinterpret or replace them. This chapter focuses on one such conflict, whether to replace or protect the Kyoto Protocol. This conflict primarily pitted the United States against the EU, but each drew other countries into their side of the conflict. By focusing on one conflict, this chapter provides insights into how processes and strategies of politicization unfold in international politics. Countries employed a range of tools, rhetorical and behavioral, to question or support the Kyoto Protocol inside and outside the negotiation process. Several of these strategies are currently employed in relation to the Paris Agreement, marking another politicization conflict.

More than 40,000 people went missing in the ex-Yugoslavia armed conflicts where the fate and whereabout of almost 10,000 of them is still unknown. Since then, various initiatives at the national and the regional level have been made to carry out search and identification processes, but the reparative mechanisms available to families of persons who disappeared have remained underdeveloped, and largely differs within the region. This chapter sheds a light on the recent legislative developments and a jurisprudence in the ex-Yugoslav republics that used to be the most affected by conflict; Bosnia and Herzegovina, Croatia and Serbia (Kosovo and Metohija), focusing on the differences in the level of the international obligations for the states in the Region arising from both: different ratification status of relevant international law instruments and the different status in terms of the EU accession processes. The special attention was paid to the direct and ex-tempore applicability of those international law instruments, considering the complexity of the constitutional organisation of the states, but also the different time frames which the states apply when define ‘the state of war’.

This chapter explores disciplinary offences in professional tennis, namely anything but doping, corruption, fraud or similar offences. These disciplinary offences are typically found in relevant codes adopted by the three key tennis actors. They involve physical violence on and off the courts; audible obscenity, visible obscenity and verbal abuse; indiscipline and how it has actually contributed to the commercialization of the sport in many ways; the case of grunting; coaching infractions; and Wimbledon dress code. The chapter examines the adjudication and enforcement of disciplinary rules and how these have been transformed with modernity, further touching upon issues of race and mental health and their function in the enforcement of disciplinary rules. The case of Osaka is explored in detail, whose refusal to play certain tournaments as a result of her mental health was viewed as a breach of the WTA’s rules.

This introductory chapter establishes the two prevalent framings of climate governance and politics, namely an antagonism between the pursuit of stability and of re/politicization. The chapter’s first section, on stability, introduces to the field four novel understandings of stability: as the status quo, as engineering lock-in, as policy lock-in, and as long-term emissions reduction pathways. Next, re/politicization is explored, and we likewise develop four forms of re/politicization: as broader sociopolitical change, as partisan competition, as discourse, and as scholarly praxis. In each of the two sections, we illustrate our four novel forms with examples from the book. Finally, the chapter’s concluding section provides an overview of the five thematic parts that structure the volume, which are Movement Politics, Political Economy, Comparative Politics, Global Politics, and Reflections.

The chapter explores the application of restraint of trade, a common law notion, to professional tennis, particularly as pertains to relations between agents and players. The chapter goes on to show the regulation of restraint of trade in the English common law and then applies its findings to sport law more generally. It goes on to identify restraints arising from national federations and state regulation, as well as those emerging from contractual relations between players and agents. The chapter then proceeds to apply the concept to professional tennis, particularly in respect of agency agreements with a focus on the Zverev case before the courts of England. The chapter also ponders whether restrictions in national team selections as well as bans imposed by transnational tennis stakeholders have the same or similar effect as the aforementioned restraints.

This chapter analyzes the role of peatland management in UK climate politics. It uses this case to develop a notion of “scope expansion” as a feature of the dynamic relation between stability and politicization over time in climate politics: policy regimes designed to ensure a stable environment for the pursuit of net zero end up identifying new objects of governance, generating new political dynamics around the preexisting political relations regarding that object. As the UK’s policy regime became more ambitious, one of these objects was peatland management, central to the pursuit of carbon dioxide removals in the UK context, and thus the “net” side of net zero. The chapter shows that peatlands have their own political dynamics, centered on questions of concentrated landownership, peat moor management for grouse shooting, and social movement campaigns for recreational access to peat moors. Attempts to manage peatlands for climate change policy, mostly through peat rewetting initiatives, encounter these existing political dynamics in ways that mostly limit the potential for rewetting and thus generate needs for repoliticization especially regarding landownership and grouse shooting.

Does decarbonization depend on policy stability that makes climate policies and institutional development irreversible, or does it depend on mastering a messy political conflict with uneven progress that might be inherent in large political economy transitions? This chapter draws on case studies of two large emerging powers, Brazil and South Africa, to argue that politicization of climate action seems inevitable in decarbonizing energy transitions. Fossil fuel coalitions are too powerful and the threat to them too existential to avoid politicization as they defend their interests. At the same time, Brazil shows that policy stability was a critical step in a large expansion of wind power there – not a full energy transition itself but providing an important alternative to fossil fuels. Both countries show that allies in the struggle against fossil fuels can be won and lost in non-climate political economies of energy transition. The potential for new industry and job creation, enhanced energy security, and impacts on communities that host infrastructure are all important to energy transition, with each following a political economy logic that may or may not focus on climate change.

As coal burning was explicitly politicized with reference to coal’s contributions to climate change over the last ten to fifteen years, a number of policy norms associated with phasing out coal burning (or its financing) have emerged and stabilized in transnational politics. This chapter tracks aspects of these normative politics focusing on both the promulgation and diffusion of the new policy norms and a number of critiques and challenges – many grounded in distributional and procedural justice – to coal phaseout norms that emerge as a response to the transnational promulgation of coal phaseout policies.

The chapter examines the governance structure of global tennis. It shows the existence of three distinct entities, the ITF, WTA and ATP, all endowed with distinct yet inter-related subject matters. All are potentially in conflict, but there is a great deal of synergy involved. The same is true among these three transnational tennis entities and national federations. The chapter shows that each entity has assumed the aegis of particular tennis tournaments, while the ITF is considered as possessing overall control over the development of the game (outside the professional circuit), including doping and corruption, and is the designated sport governing body responsible for organizing tennis at the Olympics. The chapter examines the particular governance structures of all three tennis entities and briefly sets out the role of players’ councils. The chapter goes on to explore commercialization, corruption and financial governance challenges.