Full Description
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.
Contents
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
