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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: Nana Nanopoulos
Publisher: Hart Publishing
ISBN: 9781509954711

Published In: August 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509909797

List Price: HKD 558.87

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Description
Contents

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In the early 1990s the then European Community imposed for the first time a set of economic restrictions against a specific entity: the National Union for the Total Independence of Angola. Since then, the individualisation of sanctions has become entrenched, these so-called 'smart' sanctions have proliferated, their targets and scope of application have significantly expanded, and they operate in an increasingly juridified environment. This book aims to shed light on the constitutive dynamics and causes of these developments, with a focus on the juridification of individual sanctions at the European level. To this end it first revisits the phenomenon of individualisation – moving beyond the conventional narrative that individual sanctions emerged because of humanitarian and effectiveness concerns – and situates the 'smarting' of sanctions within the context of broader structural transformations characterised by the consolidation of the global neoliberal order. Second, the book explores why the role of law has been so pronounced in the European context by unearthing the connections between EU law and capitalist order building.

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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