The Juridification of Individual Sanctions and the Politics of EU Law (Modern Studies in European Law)

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. Volume 96 in the Series Modern Studies in European Law Acknowledgements 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 Conclusion 2. From Individualisation to Juridification I. Legalising Individualisation II. Legitimising Individualisation III. Operationalising Individualisation Conclusion 3. Juridification as the Product of Individualisation I. Patterns and Characteristics of Juridification II. Causes of Juridification III. Moving Beyond the Orthodoxy Conclusion 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? Conclusion 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 IV. Unilateralism and the Deepening of Reconfiguration Conclusion 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 Conclusion 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 Conclusion 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 Conclusion 9. Pacification and EU Sanctions I. The EU and Pacification II. Sanctions and Pacification III. EU Law and Pacification IV. Juridification and Pacification Conclusion Conclusion I. Law, Individual Sanctions and the Policing of Order II. What Order? Individual Sanctions and the Nascent Global Imperial State Index "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. As 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 re-visits the phenomenon of individualisation and, in so doing, it moves beyond conventional narrative that individual sanctions emerged because of humanitarian and effectiveness concerns. Rather, the book situates the 'smarting' of sanctions within the context of broader structural transformations characterised by the consolidation of the global neoliberal order. Finally, it illustrates why the role of law has been so pronounced in the European context by exploring the connections between EU law and capitalist order building"-- Provided by publisher