van den Herik, Larissa --- "The individualization and formalization of UN sanctions" [2017] ELECD 993; in van den Herik, Larissa (ed), "Research Handbook on UN Sanctions and International Law" (Edward Elgar Publishing, 2017) 1

Book Title: Research Handbook on UN Sanctions and International Law

Editor(s): van den Herik, Larissa

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784713027

Section: Chapter 1

Section Title: The individualization and formalization of UN sanctions

Author(s): van den Herik, Larissa

Number of pages: 16

Abstract/Description:

This chapter introduces the Research Handbook on UN Sanctions and International Law. The Research Handbook studies UN sanctions in a holistic manner so as to identify cross-cutting issues and common challenges, be they substantive, procedural, practical or political, and to gauge general trends. One trend that can currently be witnessed across regimes may be a partial return to more comprehensive sanctions. Another trend, to some extent related, is the rise of unilateral sanctions, particularly also EU regional sanctions, raising questions of interaction between parallel sanctions regimes. This Research Handbook examines interplays and synergies between UN sanctions and unilateral measures and it explores the different legal frameworks that shape and govern these respective regimes. The Research Handbook frames the analyses of UN sanctions through the notions of ‘individualization’ and ‘formalization’. These notions are introduced in this chapter. In the context of individualization, the legal basis for the Security Council to impose sanctions on actors other than States is discussed as well as the sliding scale from comprehensive to targeted sanctions, evoking the question whether there are also different shades of individualization. The chapter proposes a loose notion of ‘formalization’ as capturing sites where substantive or institutional norms or other rule of law considerations have infused the political setting in which UN sanctions operate. The notion is thus used to offer a shared vocabulary allowing for cross-cutting observations. After introducing those notions, the chapter maps the contents of the Handbook and offers a tentative outlook on the future role and position of UN sanctions. Keywords UN sanctions, individualization, formalization, interplay with EU sanctions