From Mercenaries to Market: The Rise and Regulation of Private Military Companies

Overview

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, and play an increasingly important role in armed conflicts, UN peace operations, and providing security in unstable states.

As private military companies assume more responsibilities in conflict and post-conflict settings,...

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Overview

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, and play an increasingly important role in armed conflicts, UN peace operations, and providing security in unstable states.

As private military companies 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 the interaction between regulation and market forces and analyzes the current legal framework and the needs and possibilities for regulation in the years ahead.

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Product Details

  • ISBN-13: 9780199563890
  • Publisher: Oxford University Press, USA
  • Publication date: 3/25/2009
  • Pages: 275
  • Product dimensions: 6.40 (w) x 9.20 (h) x 2.00 (d)

Meet the Author

Simon Chesterman is Global Professor and Director of the New York University School of Law Singapore Programme, and Vice Dean and Professor of Law at the National University of Singapore. His books include You, The People: The United Nations, Transitional Administration, and State-Building (Oxford University Press, 2004) and Just War or Just Peace? Humanitarian Intervention and International Law (Oxford University Press, 2001).

Chia Lehnardt is a research fellow at Humbolt University in Berlin. From 2005-2006 she was responsible for the research project on private military companies at the Institute for International Law and Justice (IILJ), New York University School of Law. Educated in Berlin, Oxford, Florence, and New York, she has previously worked as a consultant to the IILJ, at the German Federal Parliament, and with a law firm specializing in public law.

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Table of Contents

Table of Cases xv

Table of Treaties and Legislation xvii

List of Contributors xix

Introduction Simon Chesterman Chia Lehnardt 1

I Concerns

1 Morality and regulation Sarah Percy 11

2 What should and what should not be regulated? Kevin A O'Brien 29

3 Regulating the role of private military companies in shaping security and politics Anna Leander 49

II Challenges

4 Weak governments in search of strength: Africa's experience of mercenaries and private military companies Angela McIntyre Taya Weiss 67

5 A government in search of cover: Private military companies in Iraq David Isenberg 82

6 Transitional states in search of support: Private military companies and security sector reform Elke Krahmann 94

III Norms

7 Private military companies under international humanitarian law Louise Doswald-Beck 115

8 Private military companies and state responsibility Chia Lehnardt 139

9 Domestic regulation: Licensing regimes for the export of military goods and services Marina Caparini 158

IV Markets

10 The emerging market for private military services and the problems of regulation Deborah Avant 181

11 Make or buy? Principal-agent theory and the regulation of private military companies James Cockayne 196

12 Contract as a tool for regulating private military companies Laura A Dickinson 217

13 The future of the market Andrew Bearpark Sabrina Schulz 239

14 Conclusion: From mercenaries to market Simon Chesterman Chia Lehnardt 251

Select Bibliography 257

Index 271

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