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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

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509909797
  • 出版时间 February 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509954711
¥1,116.25
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  • 描述 
  • 大纲 
  • 详细

    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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