Sarah Percy
- Published in print:
- 2007
- Published Online:
- May 2008
- ISBN:
- 9780199214334
- eISBN:
- 9780191706608
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214334.001.0001
- Subject:
- Political Science, International Relations and Politics
The main aim of this book is to argue that the use of private force by states has been restricted by a norm against mercenary use. It traces the evolution of this norm, from mercenaries in medieval ...
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The main aim of this book is to argue that the use of private force by states has been restricted by a norm against mercenary use. It traces the evolution of this norm, from mercenaries in medieval Europe through to private security companies in modern day Iraq, telling a story about how the mercenaries of yesterday have evolved into those of today in the process. The norm against mercenaries has two components. First, mercenaries are considered to be immoral because they use force outside legitimate, authoritative control. Second, mercenaries are considered to be morally problematic because they fight wars for selfish, financial reasons as opposed to fighting for some kind of larger conception of the common good. The book examines four puzzles about mercenary use, and argues that they can only be explained by understanding the norm against mercenaries. First, the book argues that moral disapproval of mercenaries led to the disappearance of independent mercenaries from medieval Europe. Second, the transition from armies composed of mercenaries to citizen armies in the 19th century can only be understood with attention to the norm against mercenaries. Third, it is impossible to understand why international law regarding mercenaries, created in the 1970s and 1980s, is so ineffective without understanding the norm. Finally, the disappearance of companies like Executive Outcomes and Sandline and the development of today's private security industry cannot be understood without the norm.Less
The main aim of this book is to argue that the use of private force by states has been restricted by a norm against mercenary use. It traces the evolution of this norm, from mercenaries in medieval Europe through to private security companies in modern day Iraq, telling a story about how the mercenaries of yesterday have evolved into those of today in the process. The norm against mercenaries has two components. First, mercenaries are considered to be immoral because they use force outside legitimate, authoritative control. Second, mercenaries are considered to be morally problematic because they fight wars for selfish, financial reasons as opposed to fighting for some kind of larger conception of the common good. The book examines four puzzles about mercenary use, and argues that they can only be explained by understanding the norm against mercenaries. First, the book argues that moral disapproval of mercenaries led to the disappearance of independent mercenaries from medieval Europe. Second, the transition from armies composed of mercenaries to citizen armies in the 19th century can only be understood with attention to the norm against mercenaries. Third, it is impossible to understand why international law regarding mercenaries, created in the 1970s and 1980s, is so ineffective without understanding the norm. Finally, the disappearance of companies like Executive Outcomes and Sandline and the development of today's private security industry cannot be understood without the norm.
Jean-Paul Brodeur
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199740598
- eISBN:
- 9780199866083
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199740598.001.0001
- Subject:
- Law, Criminal Law and Criminology
This book seeks to give a comprehensive theory of policing. To set out the background for such a theory, the diverse types of agencies involved in policing, the history of policing, and the ...
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This book seeks to give a comprehensive theory of policing. To set out the background for such a theory, the diverse types of agencies involved in policing, the history of policing, and the representations of policing in the press and in police literature are examined. The police are then defined by their use of a wide array of means, including violence, which are prohibited as legal violations for all other citizens. This definition is tested in the subsequent chapters bearing on the main components of the police web. First, the public police working in uniform are described in respect of who they are, what part of their activities are devoted to crime control, and the ways in which they operate. Second, criminal investigators are put in focus and empirical findings on how they clear up cases are discussed. The security and intelligence services are the subject of the next chapter, which develops a model that contrasts “high policing” (intelligence services) with “low policing” (public constabularies). The following chapter addresses the crucial issues that relate to private security, stressing the uncertainty of our current knowledge, and proposes a fully developed model integrating public and private security. The last chapter is devoted to military policing in its democratic and undemocratic variants, and to the extra‐legal social control exercised by criminal organizations such as the Mafia. In conclusion, the book tries to link the theoretical issues raised throughout the book and make his position explicit with respect to all of them.Less
This book seeks to give a comprehensive theory of policing. To set out the background for such a theory, the diverse types of agencies involved in policing, the history of policing, and the representations of policing in the press and in police literature are examined. The police are then defined by their use of a wide array of means, including violence, which are prohibited as legal violations for all other citizens. This definition is tested in the subsequent chapters bearing on the main components of the police web. First, the public police working in uniform are described in respect of who they are, what part of their activities are devoted to crime control, and the ways in which they operate. Second, criminal investigators are put in focus and empirical findings on how they clear up cases are discussed. The security and intelligence services are the subject of the next chapter, which develops a model that contrasts “high policing” (intelligence services) with “low policing” (public constabularies). The following chapter addresses the crucial issues that relate to private security, stressing the uncertainty of our current knowledge, and proposes a fully developed model integrating public and private security. The last chapter is devoted to military policing in its democratic and undemocratic variants, and to the extra‐legal social control exercised by criminal organizations such as the Mafia. In conclusion, the book tries to link the theoretical issues raised throughout the book and make his position explicit with respect to all of them.
Jean‐Paul Brodeur
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199740598
- eISBN:
- 9780199866083
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199740598.003.0009
- Subject:
- Law, Criminal Law and Criminology
Chapter 8 bears on private security. First, issues of definition, the state of knowledge and the history of private security are addressed. Second, data on the international scope and growth of ...
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Chapter 8 bears on private security. First, issues of definition, the state of knowledge and the history of private security are addressed. Second, data on the international scope and growth of manned private security and of the security manufacturing industry are presented and their validity assessed. It is argued that these data are fluctuating, change their meaning from country to country, and only allow for limited conclusions. Third, the findings of a case study of the use of stun guns (Tasers) in Canada are presented to support the claim that the potential of security technology to transform policing is greater than the potential of increasing manned private security. A fourth part examines private high policing. Finally, the powers of private security personnel are compared to those of public peace officers. In conclusion, the model presented in Chapter 7 is fully developed in order to integrate the private sector.Less
Chapter 8 bears on private security. First, issues of definition, the state of knowledge and the history of private security are addressed. Second, data on the international scope and growth of manned private security and of the security manufacturing industry are presented and their validity assessed. It is argued that these data are fluctuating, change their meaning from country to country, and only allow for limited conclusions. Third, the findings of a case study of the use of stun guns (Tasers) in Canada are presented to support the claim that the potential of security technology to transform policing is greater than the potential of increasing manned private security. A fourth part examines private high policing. Finally, the powers of private security personnel are compared to those of public peace officers. In conclusion, the model presented in Chapter 7 is fully developed in order to integrate the private sector.
Federico Varese
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198297369
- eISBN:
- 9780191600272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829736X.003.0004
- Subject:
- Political Science, Russian Politics
Chapters 1 and 2 point to the fact that the demand for protection that accompanies the spread of market transactions is met by the Russian state only in part: a significant sector of the business ...
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Chapters 1 and 2 point to the fact that the demand for protection that accompanies the spread of market transactions is met by the Russian state only in part: a significant sector of the business world does not use state-supplied protection services. A demand for alternative sources of protection is then expected to arise. Some authors, especially economists, have been quick to conclude that, since the state does not provide a service, the market inevitably will. It cannot, however, be argued that demand will inevitably be met; a supply of people trained in the use of violence and easily available weapons must also be present. This chapter focuses on the availability of people trained in the use of violence and of weapons, and the varieties of private protectors available in Russia at the time of the transition to the market, ranging from segments of the state apparatus (privately sold state protection), to private security (protection) firms, the internalized protection systems of major economic conglomerates, and criminal groups (banditskaya krysha: krysha, literally ‘roof’, is Russian slang for protection).Less
Chapters 1 and 2 point to the fact that the demand for protection that accompanies the spread of market transactions is met by the Russian state only in part: a significant sector of the business world does not use state-supplied protection services. A demand for alternative sources of protection is then expected to arise. Some authors, especially economists, have been quick to conclude that, since the state does not provide a service, the market inevitably will. It cannot, however, be argued that demand will inevitably be met; a supply of people trained in the use of violence and easily available weapons must also be present. This chapter focuses on the availability of people trained in the use of violence and of weapons, and the varieties of private protectors available in Russia at the time of the transition to the market, ranging from segments of the state apparatus (privately sold state protection), to private security (protection) firms, the internalized protection systems of major economic conglomerates, and criminal groups (banditskaya krysha: krysha, literally ‘roof’, is Russian slang for protection).
Federico Varese
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198297369
- eISBN:
- 9780191600272
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829736X.001.0001
- Subject:
- Political Science, Russian Politics
This book researches the question of what the Russian Mafia is, and challenges widely held views of its nature. It charts the emergence of the Russian Mafia in the context of the transition to the ...
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This book researches the question of what the Russian Mafia is, and challenges widely held views of its nature. It charts the emergence of the Russian Mafia in the context of the transition to the market, the privatization of protection, and pervasive corruption. The ability of the Russian State to define property rights and protect contracts is compared with the services offered by fragments of the state apparatus, private security firms, ethnic crime groups, the Cossacks and the Russian Mafia. Past criminal traditions, rituals, and norms have been resuscitated by the modern Russian Mafia to forge a powerful new identity and compete in a crowded market for protection. The book draws on and reports from undercover police operations, in-depth interviews conducted over several years with the victims of the Mafia, criminals, and officials, and documents from the Gulag archives. It also provides a comparative study, making references to other mafia in other countries (the Japanese Yakuza, the Sicilian Cosa Nostra, American–Italian Mafia and the Hong Kong Triads). The book has an introduction and conclusion and between these is arranged in three parts: I. The Transition to the Market and Protection in Russia (three chapters); II. Private protection in Perm (two chapters investigating the emergence and operation of the mafia in the city of Perm); and III. The Russian Mafia (three chapters).Less
This book researches the question of what the Russian Mafia is, and challenges widely held views of its nature. It charts the emergence of the Russian Mafia in the context of the transition to the market, the privatization of protection, and pervasive corruption. The ability of the Russian State to define property rights and protect contracts is compared with the services offered by fragments of the state apparatus, private security firms, ethnic crime groups, the Cossacks and the Russian Mafia. Past criminal traditions, rituals, and norms have been resuscitated by the modern Russian Mafia to forge a powerful new identity and compete in a crowded market for protection. The book draws on and reports from undercover police operations, in-depth interviews conducted over several years with the victims of the Mafia, criminals, and officials, and documents from the Gulag archives. It also provides a comparative study, making references to other mafia in other countries (the Japanese Yakuza, the Sicilian Cosa Nostra, American–Italian Mafia and the Hong Kong Triads). The book has an introduction and conclusion and between these is arranged in three parts: I. The Transition to the Market and Protection in Russia (three chapters); II. Private protection in Perm (two chapters investigating the emergence and operation of the mafia in the city of Perm); and III. The Russian Mafia (three chapters).
Simon Chesterman and Angelina Fisher (eds)
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574124
- eISBN:
- 9780191721816
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574124.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
Private actors are increasingly taking on roles traditionally arrogated to the state. Functions essential to external and internal security and to the satisfaction of basic human needs are routinely ...
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Private actors are increasingly taking on roles traditionally arrogated to the state. 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, looked at the emerging market for force, whereas 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, this book examines private military and security companies through the wider lens of private actors performing public functions. 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? 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.Less
Private actors are increasingly taking on roles traditionally arrogated to the state. 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, looked at the emerging market for force, whereas 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, this book examines private military and security companies through the wider lens of private actors performing public functions. 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? 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.
Sandra F. Joireman
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199782482
- eISBN:
- 9780199897209
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199782482.003.0005
- Subject:
- Political Science, Political Theory
When the state does not enforce property rights, people will hire specialists in violence to do so. This is one example of a larger trend of the privatization of security that is occurring at ...
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When the state does not enforce property rights, people will hire specialists in violence to do so. This is one example of a larger trend of the privatization of security that is occurring at multiple levels in Africa. States hire private security companies to protect valuable natural resource extraction operations, and wealthy people hire private security firms to protect their homes and land. However, there are consequences to this privatization of security. The second part of the chapter addresses the unique problem of property protection by specialists in violence in Accra, Ghana, where young men called Land Guards act informally to secure property rights from encroachment. Land Guards fill the need for security of property rights, but they also bring with them negative externalities. Privatized security for the protection of property rights in major urban areas of Africa challenges our current understanding of the political geography of power in Africa and the Weberian understanding of the stateLess
When the state does not enforce property rights, people will hire specialists in violence to do so. This is one example of a larger trend of the privatization of security that is occurring at multiple levels in Africa. States hire private security companies to protect valuable natural resource extraction operations, and wealthy people hire private security firms to protect their homes and land. However, there are consequences to this privatization of security. The second part of the chapter addresses the unique problem of property protection by specialists in violence in Accra, Ghana, where young men called Land Guards act informally to secure property rights from encroachment. Land Guards fill the need for security of property rights, but they also bring with them negative externalities. Privatized security for the protection of property rights in major urban areas of Africa challenges our current understanding of the political geography of power in Africa and the Weberian understanding of the state
Mota Prado Mariana
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574124
- eISBN:
- 9780191721816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574124.003.0006
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter considers the question of how a decision to privatize is made and examines how such a decision impacts the choice of regulatory framework. By developing a comparative analysis of the ...
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This chapter considers the question of how a decision to privatize is made and examines how such a decision impacts the choice of regulatory framework. By developing a comparative analysis of the privatization processes in infrastructure sectors as well as the military and security sector, it discusses the circumstances under which a regulatory framework is established, designed, and enforced. It argues that a government contracting with PMSCs should not only justify why privatization is necessary. Any such claim should be assessed by an independent body (similar to the cost-benefit analysis of regulation performed by the Office of Management and Budget in the United States). The chapter calls for transparency in privatization of private military and security services, arguing that citizens should have access to all information related to the competitive bidding process and contractual provisions.Less
This chapter considers the question of how a decision to privatize is made and examines how such a decision impacts the choice of regulatory framework. By developing a comparative analysis of the privatization processes in infrastructure sectors as well as the military and security sector, it discusses the circumstances under which a regulatory framework is established, designed, and enforced. It argues that a government contracting with PMSCs should not only justify why privatization is necessary. Any such claim should be assessed by an independent body (similar to the cost-benefit analysis of regulation performed by the Office of Management and Budget in the United States). The chapter calls for transparency in privatization of private military and security services, arguing that citizens should have access to all information related to the competitive bidding process and contractual provisions.
Rebecca DeWinter-Schmitt
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574124
- eISBN:
- 9780191721816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574124.003.007
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter examines the evolution of regulatory regimes in the apparel industry as a comparison with efforts to regulate PMSCs. Lessons learned from the efforts of the Fair Labor Association and ...
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This chapter examines the evolution of regulatory regimes in the apparel industry as a comparison with efforts to regulate PMSCs. Lessons learned from the efforts of the Fair Labor Association and the Workers Rights Consortium might provide a road map for creating a hybrid public-private regulatory regime for PMSCs that contains all the necessary elements of high standards, implementation guidelines, independent monitoring, an enforcement mechanism, and public reporting. Incentives could be established by giving companies an industry seal of approval that would indicate their adherence to ethical business practices. This could be attractive to non-state customers, like NGOs and other companies that need security and are worried about the reputations of their providers. The existence of a hybrid regulatory regime would not, however, alleviate the state's responsibility to conduct ongoing assessments of the human rights impact of such an effort, including by examining the global structure and operations of the PMSC industry.Less
This chapter examines the evolution of regulatory regimes in the apparel industry as a comparison with efforts to regulate PMSCs. Lessons learned from the efforts of the Fair Labor Association and the Workers Rights Consortium might provide a road map for creating a hybrid public-private regulatory regime for PMSCs that contains all the necessary elements of high standards, implementation guidelines, independent monitoring, an enforcement mechanism, and public reporting. Incentives could be established by giving companies an industry seal of approval that would indicate their adherence to ethical business practices. This could be attractive to non-state customers, like NGOs and other companies that need security and are worried about the reputations of their providers. The existence of a hybrid regulatory regime would not, however, alleviate the state's responsibility to conduct ongoing assessments of the human rights impact of such an effort, including by examining the global structure and operations of the PMSC industry.
Alexandra Gheciu
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198813064
- eISBN:
- 9780191851056
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198813064.003.0005
- Subject:
- Political Science, International Relations and Politics
Building upon the analysis of international developments in Chapter 4, Chapter 5 returns to recent developments in the national arenas of Bulgaria, Bosnia, Romania, and Serbia. The chapter examines ...
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Building upon the analysis of international developments in Chapter 4, Chapter 5 returns to recent developments in the national arenas of Bulgaria, Bosnia, Romania, and Serbia. The chapter examines the fluidity and complexity of the practices of performing security that have resulted from the insertion of those polities into the European field of security in combination with the persistence of some old actors, attitudes, and non-material resources. By examining how security is performed in the context of the intersection of European and global factors and actors with national players and local dynamics, the chapter seeks to give readers a better sense of what “glocalization” actually looks like in specific settings. The chapter shows that, in parallel to EU-level dynamics, in each of the four polities examined in the book PSCs cooperate with state officials, but also engage in practices of contestation over the “rules of the game” of security provision.Less
Building upon the analysis of international developments in Chapter 4, Chapter 5 returns to recent developments in the national arenas of Bulgaria, Bosnia, Romania, and Serbia. The chapter examines the fluidity and complexity of the practices of performing security that have resulted from the insertion of those polities into the European field of security in combination with the persistence of some old actors, attitudes, and non-material resources. By examining how security is performed in the context of the intersection of European and global factors and actors with national players and local dynamics, the chapter seeks to give readers a better sense of what “glocalization” actually looks like in specific settings. The chapter shows that, in parallel to EU-level dynamics, in each of the four polities examined in the book PSCs cooperate with state officials, but also engage in practices of contestation over the “rules of the game” of security provision.
Simon Chesterman and Chia Lehnardt (eds)
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199228485
- eISBN:
- 9780191711435
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228485.001.0001
- Subject:
- Law, Public International Law
Frequently characterized as either mercenaries in modern guise or the market's response to a security vacuum, private military companies are commercial firms offering military services ranging from ...
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Frequently characterized as either mercenaries in modern guise or the market's response to a security vacuum, private military companies are commercial firms offering military services ranging from combat and military training and advice to logistical support. They play an increasingly important role in armed conflicts, UN peace operations, and providing security in unstable states. Executive Outcomes turned around an orphaned conflict in Sierra Leone in the mid-1990s; Military Professional Resources Incorporated (MPRI) was instrumental in shifting the balance of power in the Balkans, enabling the Croatian military to defeat Serb forces and clear the way for the Dayton negotiations; in Iraq, estimates of the number of private contractors on the ground are in the tens of thousands. As they assume more responsibilities in conflict and post-conflict settings, their growing significance raises fundamental questions about their nature, their role in different regions and contexts, and their regulation. This volume examines these issues with a focus on governance, in particular the interaction between regulation and market forces. It analyses the current legal framework and the needs and possibilities for regulation in the years ahead. The book is organized around four sets of questions. First, why and how is regulation of PMCs now a challenging issue? Secondly, how have problems leading to a call for regulation manifested in different regions and contexts? Third, what regulatory norms and institutions currently exist and how effective are they? And, fourth, what role has the market to play in regulation?.Less
Frequently characterized as either mercenaries in modern guise or the market's response to a security vacuum, private military companies are commercial firms offering military services ranging from combat and military training and advice to logistical support. They play an increasingly important role in armed conflicts, UN peace operations, and providing security in unstable states. Executive Outcomes turned around an orphaned conflict in Sierra Leone in the mid-1990s; Military Professional Resources Incorporated (MPRI) was instrumental in shifting the balance of power in the Balkans, enabling the Croatian military to defeat Serb forces and clear the way for the Dayton negotiations; in Iraq, estimates of the number of private contractors on the ground are in the tens of thousands. As they assume more responsibilities in conflict and post-conflict settings, their growing significance raises fundamental questions about their nature, their role in different regions and contexts, and their regulation. This volume examines these issues with a focus on governance, in particular the interaction between regulation and market forces. It analyses the current legal framework and the needs and possibilities for regulation in the years ahead. The book is organized around four sets of questions. First, why and how is regulation of PMCs now a challenging issue? Secondly, how have problems leading to a call for regulation manifested in different regions and contexts? Third, what regulatory norms and institutions currently exist and how effective are they? And, fourth, what role has the market to play in regulation?.
Michael Likosky
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574124
- eISBN:
- 9780191721816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574124.003.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter describes the links between privatization of military civilian activities and the significance this has for efforts to hold PMSCs accountable for their conduct. Through examining the ...
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This chapter describes the links between privatization of military civilian activities and the significance this has for efforts to hold PMSCs accountable for their conduct. Through examining the trajectory of privatization through time and across sectors, it outlines the important role that public-private partnerships played from colonialism to the 20th-century industrialization of the United States. The link between nominally civilian privatization projects and violence is explored through a Peruvian natural gas pipeline project: the contract did not directly address security questions but its effect on an indigenous population was no less violent. The difficulty of dissociating public and private aspects of a given industry is seen in the modern high tech industry: though its archetype is the garage entrepreneur made good, the foundations of this industry lie squarely in the US Department of Defense. Both insights suggest the need to have a broader and more flexible approach to accountability.Less
This chapter describes the links between privatization of military civilian activities and the significance this has for efforts to hold PMSCs accountable for their conduct. Through examining the trajectory of privatization through time and across sectors, it outlines the important role that public-private partnerships played from colonialism to the 20th-century industrialization of the United States. The link between nominally civilian privatization projects and violence is explored through a Peruvian natural gas pipeline project: the contract did not directly address security questions but its effect on an indigenous population was no less violent. The difficulty of dissociating public and private aspects of a given industry is seen in the modern high tech industry: though its archetype is the garage entrepreneur made good, the foundations of this industry lie squarely in the US Department of Defense. Both insights suggest the need to have a broader and more flexible approach to accountability.
Trevor Jones and Tim Newburn
- Published in print:
- 1993
- Published Online:
- March 2012
- ISBN:
- 9780198265696
- eISBN:
- 9780191682933
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198265696.003.0003
- Subject:
- Law, Criminal Law and Criminology
This chapter takes a closer look at what is generally thought of as the ‘private sector’ in policing, namely the ‘private security industry’. In particular, it examines evidence about the size of the ...
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This chapter takes a closer look at what is generally thought of as the ‘private sector’ in policing, namely the ‘private security industry’. In particular, it examines evidence about the size of the industry, the extent to which it has grown in recent decades, and reasons for the ‘rebirth’ of private policing. Much recent discussion about private security in Britain has focused upon the reported large growth in size and importance which the industry has seen over recent years. Estimates of employment, market size, and total industry turnover have been made, some based on the limited evidence available, and others based on little more than informed guesswork. The industry can be divided into three broad sectors: staffed services, security equipment, and investigation.Less
This chapter takes a closer look at what is generally thought of as the ‘private sector’ in policing, namely the ‘private security industry’. In particular, it examines evidence about the size of the industry, the extent to which it has grown in recent decades, and reasons for the ‘rebirth’ of private policing. Much recent discussion about private security in Britain has focused upon the reported large growth in size and importance which the industry has seen over recent years. Estimates of employment, market size, and total industry turnover have been made, some based on the limited evidence available, and others based on little more than informed guesswork. The industry can be divided into three broad sectors: staffed services, security equipment, and investigation.
Olivier De Schutter
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574124
- eISBN:
- 9780191721816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574124.003.002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter looks at the varied efforts to use the international law of state responsibility to hold states in which private military and security companies (PMSCs) are registered or incorporated ...
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This chapter looks at the varied efforts to use the international law of state responsibility to hold states in which private military and security companies (PMSCs) are registered or incorporated (home states) accountable for their conduct. It examines whether, under international law, the home state is obliged to control its companies. Must such a state allow its courts to adjudicate claims filed against these companies? Home states can be held responsible for PMSC actions when the company is a mere fiction used to pursue state interest, if governmental authority has been delegated to it, or if it is in fact under state direction or control. Such ‘easy cases’ do not capture the growing instances of PMSCs being employed by private entities (rather than states), however.Less
This chapter looks at the varied efforts to use the international law of state responsibility to hold states in which private military and security companies (PMSCs) are registered or incorporated (home states) accountable for their conduct. It examines whether, under international law, the home state is obliged to control its companies. Must such a state allow its courts to adjudicate claims filed against these companies? Home states can be held responsible for PMSC actions when the company is a mere fiction used to pursue state interest, if governmental authority has been delegated to it, or if it is in fact under state direction or control. Such ‘easy cases’ do not capture the growing instances of PMSCs being employed by private entities (rather than states), however.
Angelina Fisher
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574124
- eISBN:
- 9780191721816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574124.003.0003
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter considers the possibilities for ensuring that accountability takes into account the interests of those most affected by PMSC conduct. It focuses on ‘downward’ accountability — ...
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This chapter considers the possibilities for ensuring that accountability takes into account the interests of those most affected by PMSC conduct. It focuses on ‘downward’ accountability — accountability of private companies to the victims of their conduct — and concludes that conditions under which victims of PMSC abuse may seek legal accountability of the companies are limited under many domestic regimes as well as under international law. Attention must therefore be shifted to creating grievance mechanisms as an alternative means of augmenting PMSC accountability to victims. The chapter proposes a mechanism for PMSCs that draws on experience of other private industries, including those discussed in the subsequent chapters. To be effective, such a mechanism must enjoy legitimacy with both the industry and the local populations, be accessible to the public, be transparent with regards to process and the outcome, engage relevant multi-stakeholders in productive dialogue, have a predictable and fair process, and empower local populations.Less
This chapter considers the possibilities for ensuring that accountability takes into account the interests of those most affected by PMSC conduct. It focuses on ‘downward’ accountability — accountability of private companies to the victims of their conduct — and concludes that conditions under which victims of PMSC abuse may seek legal accountability of the companies are limited under many domestic regimes as well as under international law. Attention must therefore be shifted to creating grievance mechanisms as an alternative means of augmenting PMSC accountability to victims. The chapter proposes a mechanism for PMSCs that draws on experience of other private industries, including those discussed in the subsequent chapters. To be effective, such a mechanism must enjoy legitimacy with both the industry and the local populations, be accessible to the public, be transparent with regards to process and the outcome, engage relevant multi-stakeholders in productive dialogue, have a predictable and fair process, and empower local populations.
Chia Lehnardt
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574124
- eISBN:
- 9780191721816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574124.003.0010
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter surveys the roles that PMSCs have taken on and the more ambitious possibilities that have been proposed in the area of peacekeeping. There is, at present, little guidance on what ...
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This chapter surveys the roles that PMSCs have taken on and the more ambitious possibilities that have been proposed in the area of peacekeeping. There is, at present, little guidance on what functions can be outsourced in the implementation of a UN Security Council mandate. In fact, PMSCs have been engaged in a broad spectrum of activities, including some of the more ancillary aspects constituting peace consolidating measures or post-conflict measures, such as the recruitment and training of troops and the clearing of mines. At the same time, the status of PMSCs under international humanitarian law is murky at best. The situation is compounded by the questions of who ultimately bears responsibility for the company misconduct. Despite these concerns, suggestions have been made for expanded use of PMSCs, such as employing them as UN blue helmets or even as UN-mandated or UN-led troops carrying out military operations.Less
This chapter surveys the roles that PMSCs have taken on and the more ambitious possibilities that have been proposed in the area of peacekeeping. There is, at present, little guidance on what functions can be outsourced in the implementation of a UN Security Council mandate. In fact, PMSCs have been engaged in a broad spectrum of activities, including some of the more ancillary aspects constituting peace consolidating measures or post-conflict measures, such as the recruitment and training of troops and the clearing of mines. At the same time, the status of PMSCs under international humanitarian law is murky at best. The situation is compounded by the questions of who ultimately bears responsibility for the company misconduct. Despite these concerns, suggestions have been made for expanded use of PMSCs, such as employing them as UN blue helmets or even as UN-mandated or UN-led troops carrying out military operations.
Mark Neocleous
- Published in print:
- 2008
- Published Online:
- September 2012
- ISBN:
- 9780748633289
- eISBN:
- 9780748671984
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748633289.003.0006
- Subject:
- Political Science, International Relations and Politics
The chapter has two aspects. First, it explores what is commonly understood as the rise of private security. But instead of resting on the public-private distinction, the chapter instead argues that ...
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The chapter has two aspects. First, it explores what is commonly understood as the rise of private security. But instead of resting on the public-private distinction, the chapter instead argues that we need to understand security through the critique of political economy: that security is a commodity, like any other but also imbued with magical qualities. This is the root of security fetishism. The second aspect of the chapter is a critique of security intellectuals: academics that have operated to reinforce this fetishism, thereby becoming mere servants of the security state and allowing academic disciplines to become subservient to security.Less
The chapter has two aspects. First, it explores what is commonly understood as the rise of private security. But instead of resting on the public-private distinction, the chapter instead argues that we need to understand security through the critique of political economy: that security is a commodity, like any other but also imbued with magical qualities. This is the root of security fetishism. The second aspect of the chapter is a critique of security intellectuals: academics that have operated to reinforce this fetishism, thereby becoming mere servants of the security state and allowing academic disciplines to become subservient to security.
Daphne Barak-Erez
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574124
- eISBN:
- 9780191721816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574124.003.0004
- Subject:
- Law, Human Rights and Immigration, Public International Law
The use of lethal violence by private actors is often identified as a uniquely troubling aspect of the PMSC phenomenon. As this chapter demonstrates, however, our understanding will remain only ...
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The use of lethal violence by private actors is often identified as a uniquely troubling aspect of the PMSC phenomenon. As this chapter demonstrates, however, our understanding will remain only partial if this is not discussed in the broader context of other privatization policies. Through the prism of domestic constitutional law, with recourse to comparative tools, the chapter analyzes the trend to privatize public functions and discusses the limitations on privatization in general and the limitations on privatization of security functions in particular. It argues that the realities of widespread privatization of public functions necessitate a rethinking of the basic principles of constitutional and administrative law beyond the mere adjustment of specific rules and doctrines.Less
The use of lethal violence by private actors is often identified as a uniquely troubling aspect of the PMSC phenomenon. As this chapter demonstrates, however, our understanding will remain only partial if this is not discussed in the broader context of other privatization policies. Through the prism of domestic constitutional law, with recourse to comparative tools, the chapter analyzes the trend to privatize public functions and discusses the limitations on privatization in general and the limitations on privatization of security functions in particular. It argues that the realities of widespread privatization of public functions necessitate a rethinking of the basic principles of constitutional and administrative law beyond the mere adjustment of specific rules and doctrines.
Simon Chesterman
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574124
- eISBN:
- 9780191721816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574124.003.0009
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter surveys the manner in which US intelligence functions have been outsourced in collection activities such as electronic surveillance, rendition, and interrogation, as well as the growing ...
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This chapter surveys the manner in which US intelligence functions have been outsourced in collection activities such as electronic surveillance, rendition, and interrogation, as well as the growing reliance on private actors for analysis. The different incentives that exist for private and public employees call for wariness in determining whether and to what extent intelligence functions should be outsourced. The simplest way of containing some of the accountability-related problems would be to forbid certain activities from being delegated or outsourced to private actors at all. A determination of which activities to forbid, however, is far from simple. In the United States, this question is framed in the language of ‘inherently governmental’ functions: those to be carried out by government employees only. There is, however, great uncertainty over the meaning of the term and little prospect of intelligence agencies adopting a robust definition of ‘inherently governmental’ functions.Less
This chapter surveys the manner in which US intelligence functions have been outsourced in collection activities such as electronic surveillance, rendition, and interrogation, as well as the growing reliance on private actors for analysis. The different incentives that exist for private and public employees call for wariness in determining whether and to what extent intelligence functions should be outsourced. The simplest way of containing some of the accountability-related problems would be to forbid certain activities from being delegated or outsourced to private actors at all. A determination of which activities to forbid, however, is far from simple. In the United States, this question is framed in the language of ‘inherently governmental’ functions: those to be carried out by government employees only. There is, however, great uncertainty over the meaning of the term and little prospect of intelligence agencies adopting a robust definition of ‘inherently governmental’ functions.
Simon Chesterman and Angelina Fisher
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574124
- eISBN:
- 9780191721816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574124.003.0099
- Subject:
- Law, Human Rights and Immigration, Public International Law
In the past two decades, the responsibilities delegated to private actors — especially but not only in the United States — have grown in depth and breadth. The much-discussed role assumed by ...
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In the past two decades, the responsibilities delegated to private actors — especially but not only in the United States — have grown in depth and breadth. The much-discussed role assumed by Blackwater (now rebranded ‘Xe’) and other contractors in Iraq is in many ways the tip of the privatization iceberg. Many sectors traditionally regarded as ‘public’ have experienced varying degrees of privatization, from the operation of public utilities to the administration of prisons, from intelligence activities to peacekeeping. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, this book examines private military and security companies through the wider lens of private actors performing public functions. This introductory chapter sets the context for the volume and outlines the contributions made by the various chapters.Less
In the past two decades, the responsibilities delegated to private actors — especially but not only in the United States — have grown in depth and breadth. The much-discussed role assumed by Blackwater (now rebranded ‘Xe’) and other contractors in Iraq is in many ways the tip of the privatization iceberg. Many sectors traditionally regarded as ‘public’ have experienced varying degrees of privatization, from the operation of public utilities to the administration of prisons, from intelligence activities to peacekeeping. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, this book examines private military and security companies through the wider lens of private actors performing public functions. This introductory chapter sets the context for the volume and outlines the contributions made by the various chapters.
