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The Juridification of Individual Sanctions and the Politics of EU Law

The Juridification of Individual Sanctions and the Politics of EU Law

Author: Eva Nanopoulos
Publisher: Hart Publishing
ISBN: 9781509909797

Published In: February 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509954711

List Price: HKD 1,300.00

HKD 1,261.00 Save HKD 39.00 (3%)

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Contents

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The use of individual sanctions by the EU, whether adopted to give effect to Resolutions of the UN or at the EU's own initiative, has been the object of a marked process of juridification. This process is partly linked to the individualised dimension of modern sanctions, which required the development of new legal tools, both for their effectiveness and legitimation. But it is also linked to a wider reconfiguration of sanctions, blurring the divide between war and peace, in which the individualisation of sanctions, but also their diversification and normalisation are altogether embedded. Contrary to conventional narratives, whereupon individual 'smart' sanctions emerged because of humanitarian and effectiveness concerns about comprehensive sanctions, and would have subsequently evolved to reflect changing conceptions of security, these trends are closely linked to the management of the post-colonial capitalist order and its 'enemies'. In that context, the more pronounced role of law in the EU must be linked not only to the place of the individual in the EU legal order, but to the role of law in the building and reproduction of European capitalism. As EU law becomes more politicised, however, the contradictions embedded in the process of juridification will continue to increase.

Introduction

I. Outlook: Conceptions of Juridification

II. Methodology: Uncovering the Politics of Juridification

III. Structure: Form, Content, Context

PART I. THE FORM OF SANCTIONS: JURIDIFICATION AND INDIVIDUALISATION

1. The Individualisation of Sanctions

I. From State Sanctions to Individual Sanctions

II. Causes of Individualisation: 'Smarting' Sanctions

III. Character of Individualisation: Between Continuity and Change

IV. Challenges of Individualisation

V. Implications of Individualisation

2. From Individualisation to Juridification

I. Legalising Individualisation

II. Legitimising Individualisation

III. Operationalising Individualisation

3. Juridification as the Product of Individualisation

I. Patterns and Characteristics of Juridification

II. Causes of Juridification

III. Moving Beyond the Orthodoxy

PART II. THE CONTENT OF SANCTIONS: JURIDIFICATION AND RECONFIGURATION

4. Reconfiguration of UN Sanctions

I. Reconfiguring Collective Security

II. Reconfiguration and Individualisation

III. What Reconfiguration?

5. Reconfiguration of EU Sanctions

I. Absorbing Reconfiguration : From War to Security

II. Reconfiguration and the Divide between External, Internal and National Security

III. Reconfiguration and the Divide between Politics and Economics

6. Reconfiguration and Juridification

I. Constituting Reconfiguration

II. Managing Reconfiguration : UN Sanctions and the Primacy of Politics?

III. Managing Reconfiguration : EU Sanctions and the Primacy of Economics/Law

IV. From Juridification to Legal Reconfiguration

PART III. THE CONTEXT OF SANCTIONS: JURIDIFICATION AND PACIFICATION

7. The Lens of Pacification

I. Beyond Globalisation

II. From Blurring to Ordering

III. Legacies of Policing: Collective Sanctions and Order

8. Pacification and UN Sanctions

I. Early Forms of Individualisation: Lessons from the American Experience

II. The Internationalisation of Individual Sanctions

III. Individual Sanctions and Order Building

IV. Individualisation and Global (Imperial) Law

9. Pacification and EU Sanctions

I. The EU and Pacification

II. Sanctions and Pacification

III. EU Law and Pacification

IV. Juridification and Pacification

Conclusion

I. Law, Individual Sanctions and the Policing of Order

II. What Order? Individual Sanctions and the Nascent Global Imperial State

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