Legal Control Of The Private Military Corporation
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Legal Control Of The Private Military Corporation
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Author : B. Sheehy
language : en
Publisher: Springer
Release Date : 2008-12-11
Legal Control Of The Private Military Corporation written by B. Sheehy and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-11 with Law categories.
Private military organizations are a new and important feature of the international landscape. They offer control of potential massive violence to the highest bidder with very limited accountability. This book offers critical insights into both the phenomenon and the challenges of and potential for regulation.
Regulating Private Military Companies
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Author : Katerina Galai
language : en
Publisher: Routledge
Release Date : 2019-03-25
Regulating Private Military Companies written by Katerina Galai and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-25 with Law categories.
This work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a ‘shared governance'. It reflects states’ reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.
State Control Over Private Military And Security Companies In Armed Conflict
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Author : Hannah Tonkin
language : en
Publisher: Cambridge University Press
Release Date : 2011-08-11
State Control Over Private Military And Security Companies In Armed Conflict written by Hannah Tonkin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-11 with Law categories.
The past two decades have witnessed the rapid proliferation of private military and security companies (PMSCs) in armed conflicts around the world, with PMSCs participating in, for example, offensive combat, prisoner interrogation and the provision of advice and training. The extensive outsourcing of military and security activities has challenged conventional conceptions of the state as the primary holder of coercive power and raised concerns about the reduction in state control over the use of violence. Hannah Tonkin critically analyses the international obligations on three key states - the hiring state, the home state and the host state of a PMSC - and identifies the circumstances in which PMSC misconduct may give rise to state responsibility. This analysis will facilitate the assessment of state responsibility in cases of PMSC misconduct and set standards to guide states in developing their domestic laws and policies on private security.
Private Military And Security Companies In International Law
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Author : Corinna Seiberth
language : en
Publisher:
Release Date : 2014
Private Military And Security Companies In International Law written by Corinna Seiberth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Defense contracts categories.
Many states view Private Military and Security Companies (PMSCs) as crucial to implementing their security policy. However, reoccurring incidents of human rights violations have led the international community, private sector, and civil society to acknowledge the need for more control over the use of PMSCs. Growing state support for The Montreux Document and an ever growing number of signatory companies to the International Code of Conduct for Security Providers (ICoC) show that self-regulation through non-binding norms has shifted to the center of the debate. This book examines the promises and dangers of emerging non-binding PMSC regulation alongside more traditional forms of law-making, such as plans for an international convention on the use of PMSCs. It offers an in-depth analysis of legal and political developments that led to the proliferation of The Montreux Document and the ICoC. Identifying the state side of duties and corporate responsibility as leaving gaps and grey zones in international law, the book analyzes how both instruments address 'the responsibility to protect' and 'the responsibility to respect.' Covering the Private Security Providers' Association's Articles of Association, the most recent developments on the establishment of a PMSC oversight mechanism are included. Finally, the book provides an original theory of how both instruments could become more effective to protect victims against PMSC human rights violations: The Montreux Document, by developing into a form of customary international law, and the standards of the ICoC framework, by developing into more binding normative standards as a form of 'corporate custom.'
Private Military And Security Contractors
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Author : Gary Schaub, Jr.
language : en
Publisher: Rowman & Littlefield
Release Date : 2016-06-16
Private Military And Security Contractors written by Gary Schaub, Jr. and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-16 with History categories.
In Private Military and Security Contractors (PMSCs) a multinational team of scholars and experts address a developing phenomenon: controlling the use of privatized force by states in international politics. Robust analyses of the evolving, multi-layered tapestry of formal and informal mechanisms of control address the microfoundations of the market, such as the social and role identities of contract employees, their acceptance by military personnel, and potential tensions between them. The extent and willingness of key states—South Africa, the United States, Canada, the United Kingdom, and Israel—to monitor and enforce discipline to structure their contractual relations with PMSCs on land and at sea is examined, as is the ability of the industry to regulate itself. Also discussed is the nascent international legal regime to reinforce state and industry efforts to encourage effective practices, punish inappropriate behavior, and shape the market to minimize the hazards of loosening states’ oligopolistic control over the means of legitimate organized violence. The volume presents a theoretically-informed synthesis of micro- and macro-levels of analysis, offering new insights into the challenges of controlling the agents of organized violence used by states for scholars and practitioners alike.
Private Military And Security Companies
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Author : Andrew Alexandra
language : en
Publisher: Routledge
Release Date : 2009-10-16
Private Military And Security Companies written by Andrew Alexandra and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-16 with History categories.
Over the past twenty years, Private Military and Security Companies (PMSCs) have become significant elements of national security arrangements, assuming many of the functions that have traditionally been undertaken by state armies. Given the centrality of control over the use of coercive force to the functioning and identity of the modern state, and to international order, these developments clearly are of great practical and conceptual interest. This edited volume provides an interdisciplinary overview of PMSCs: what they are, why they have emerged in their current form, how they operate, their current and likely future military, political, social and economic impact, and the moral and legal constraints that do and should apply to their operation. The book focuses firstly upon normative issues raised by the development of PMSCs, and then upon state regulation and policy towards PMSCs, examining finally the impact of PMSCs on civil-military relations. It takes an innovative approach, bringing theory and empirical research into mutually illuminating contact. Includes contributions from experts in IR, political theory, international and corporate law, and economics, and also breaks important new ground by including philosophical discussions of PMSCs.
Private Security Public Order
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Author : Simon Chesterman
language : en
Publisher: OUP Oxford
Release Date : 2009-11-05
Private Security Public Order written by Simon Chesterman and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-05 with Law categories.
Private actors are increasingly taking on roles traditionally arrogated to the state. Both in the industrialized North and the developing South, functions essential to external and internal security and to the satisfaction of basic human needs are routinely contracted out to non-state agents. In the area of privatization of security functions, attention by academics and policy makers tends to focus on the activities of private military and security companies, especially in the context of armed conflicts, and their impact on human rights and post-conflict stability and reconstruction. The first edited volume emerging from New York University School of Law's Institute for International Justice project on private military and security companies, From Mercenaries to Market: The Rise and Regulation of Private Military Companies broadened this debate to situate the private military phenomenon in the context of moves towards the regulation of activities through market and non-market mechanisms. Where that first volume looked at the emerging market for use of force, this second volume looks at the transformations in the nature of state authority. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, the book examines private military and security companies through the wider lens of private actors performing public functions. In the past two decades, the responsibilities delegated to such actors - especially but not only in the United States - have grown exponentially. The central question of this volume is whether there should be any limits on government capacity to outsource traditionally "public" functions. Can and should a government put out to private tender the fulfilment of military, intelligence, and prison services? Can and should it transfer control of utilities essential to life, such as the supply of water? This discussion incorporates numerous perspectives on regulatory and governance issues in the private provision of public functions, but focuses primarily on private actors offering services that impact the fundamental rights of the affected population.
Privatising Security
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Author : Fred Schreier
language : en
Publisher:
Release Date : 2005
Privatising Security written by Fred Schreier and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Private Security Contractors And New Wars
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Author : Kateri Carmola
language : en
Publisher: Routledge
Release Date : 2010-02-05
Private Security Contractors And New Wars written by Kateri Carmola and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-05 with History categories.
This book addresses the ambiguities of the growing use of private security contractors and provides guidance as to how our expectations about regulating this expanding ‘service’ industry will have to be adjusted. In the warzones of Iraq and Afghanistan many of those who carry weapons are not legally combatants, nor are they protected civilians. They are contracted by governments, businesses, and NGOs to provide armed security. Often mistaken as members of armed forces, they are instead part of a new protean proxy force that works alongside the military in a multitude of shifting roles, and overseen by a matrix of contracts and regulations. This book analyzes the growing industry of these private military and security companies (PMSCs) used in warzones and other high risk areas. PMSCs are the result of a unique combination of circumstances, including a change in the idea of soldiering, insurance industry analyses that require security contractors, and a need for governments to distance themselves from potentially criminal conduct. The book argues that PMSCs are a unique type of organization, combining attributes from worlds of the military, business, and humanitarian organizations. This makes them particularly resistant to oversight. The legal status of these companies and those they employ is also hard to ascertain, which weakens the multiple regulatory tools available. PMSCs also fall between the cracks in ethical debates about their use, seeming to be both justifiable and objectionable. This transformation in military operations is a seemingly irreversible product of more general changes in the relationship between the individual citizen and the state. This book will be of much interest to students of private security companies, war and conflict studies, security studies and IR in general. Kateri Carmola is the Christian A. Johnson Professor of Political Science at Middlebury College in Vermont. She received her Ph.D. from the University of California, Berkeley.
Private Military And Security Companies
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Author : Erika Calazans
language : en
Publisher:
Release Date : 2016
Private Military And Security Companies written by Erika Calazans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Contracting out categories.
"This book's primary concern is the application of international humanitarian law and international human rights law in addressing the business conduct of private military and security companies (PMSCs) during armed conflicts, as well as state responsibility for human rights violations and current attempts at international regulation. The book discusses four interconnected themes. First, it differentiates private contractors from mercenaries, presenting an historical overview of private violence. Second, it situates PMSCs' employees under the legal status of civilian or combatant in accordance with the Third and Fourth Geneva Conventions of 1949. It then investigates the existing law on state responsibility and what sort of responsibility companies and their employees can face. Finally, the book explores current developments on regulation within the industry, on national, regional and international levels. These themes are connected by the argument that, in order to find gaps in the existing laws, it is necessary to establish what they are, what law is applicable and what further developments are needed"--Book jacket.