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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: 9781509954711
  • 出版时间 August 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509909797
¥492.56
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  • 描述 
  • 大纲 
  • 详细

    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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