From Mercenaries to Markets: 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: 9780199228485
  • Publisher: Oxford University Press
  • Publication date: 8/23/2007
  • Pages: 275
  • Product dimensions: 9.30 (w) x 6.10 (h) x 1.00 (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 doctoral student 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     xiii
Table of Treaties and Legislation     xv
List of Contributors     xvii
Introduction   Simon Chesterman   Chia Lehnardt     1
Concerns
Morality and regulation   Sarah Percy     11
What should and what should not be regulated?   Kevin A O'Brien     29
Regulating the role of private military companies in shaping security and politics   Anna Leander     49
Challenges
Weak governments in search of strength: Africa's experience of mercenaries and private military companies   Angela McIntyre   Taya Weiss     67
A government in search of cover: Private military companies in Iraq   David Isenberg     82
Transitional states in search of support: Private military companies and security sector reform   Elke Krahmann     94
Norms
Private military companies under international humanitarian law   Louise Doswald-Beck     115
Private military companies and state responsibility   Chia Lehnardt     139
Domestic regulation: Licensing regimes for the export of military goods and services   Marina Caparini     158
Markets
The emerging market for private military services and the problems of regulation   Deborah Avant     181
Make or buy? Principal-agent theory and the regulation of private military companies   James Cockayne     196
Contract as a tool for regulating private military companies   Laura A Dickinson     217
The future of the market   Andrew Bearpark   Sabrina Schulz     239
Conclusion: From mercenaries to market   Simon Chesterman   Chia Lehnardt     251
Select Bibliography     257
Index     271
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