Regulating the Private Security Industry [NOOK Book]

Overview

The under-regulation of the private security industry has increasingly become a topic of media and academic interest. This Adelphi Paper enters the debate by explaining why the industry requires further regulation, and what is wrong with the current system. It begins by briefly defining the industry and explaining the need for more effective regulation, before analysing three types of regulation: domestic, international and informal (including self-regulation). The paper makes several unique contributions. First,...
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Regulating the Private Security Industry

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Overview

The under-regulation of the private security industry has increasingly become a topic of media and academic interest. This Adelphi Paper enters the debate by explaining why the industry requires further regulation, and what is wrong with the current system. It begins by briefly defining the industry and explaining the need for more effective regulation, before analysing three types of regulation: domestic, international and informal (including self-regulation). The paper makes several unique contributions. First, it argues that no regulatory system dealing with private security companies can ever be perfect. The nature of the industry means that it will be inherently difficult to regulate. As a result, it is important to enhance all three types of regulation as much as possible, as opposed to creating model domestic or international schemes. Second, it takes the option of self-regulation seriously. While on its own self-regulation is unlikely to regulate the industry sufficiently, it has an important role to play alongside other forms of regulation. In particular, self-regulation enabled by legislation could be an effective means of regulation. Third, the paper argues that it is essential to treat mercenaries and private security companies as different problems requiring different regulatory solutions. Any form of international regulation attempting to deal with both mercenaries and private security companies will fail to deal with the real threat posed by mercenaries and fail to institute controls over an important and growing industry.
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Product Details

  • ISBN-13: 9781134974405
  • Publisher: Taylor & Francis
  • Publication date: 8/21/2013
  • Series: Adelphi Series
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 128
  • File size: 3 MB

Meet the Author

Sarah Percy is a Research Associate in the Oxford Leverhulme Programme on the Changing Character of War. She received a master’s and doctorate in international relations from the University of Oxford (Balliol College). She also holds a BA (Hons) in political studies from Queen’s University in Canada. Prior to taking up her current post she taught in King’s College London’s Defence Studies Department at the Joint Services Staff and Command College, where she still lectures on the subject of private force. Her research interests include: mercenaries, private military companies and the privatisation of force; the use of norms to regulate warfare; and the relationship between international law and international relations. More general areas of interest include international security and international relations theory. She is converting her doctoral dissertation, entitled ‘Sons of Iniquity: The Origins, Evolution and Influence of a Norm against Mercenary Use’, into a book to be published by Oxford University Press in 2007. The thesis received the CAMOS dissertation prize at the American Political Science Association Annual Meeting in August 2006.

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Table of Contents


Glossary     5
Introduction     7
An Overview of the Industry and the Need for Regulation     11
Overview of the industry     11
Problems of definition and differentiation     13
The five main reasons for regulation     15
Conclusion     23
Domestic Regulation     25
Domestic regulation in the United States     25
Domestic regulation in South Africa     30
Domestic regulation in the United Kingdom     32
Other types of domestic regulation     34
Application of similar legislation     36
General disadvantages of domestic regulation     36
Conclusion     40
International Regulation     41
Existing international law specific to private force     41
Private security companies and international humanitarian law     45
Problems with international regulation of private security companies     49
Conclusion     52
Informal Regulation     53
Reputational pressure and the market     53
Civil suits     55
Insurance     56
Contracts     56
Collective self-regulation     58
Improvingself-regulation and informal mechanisms     59
Conclusion     63
Notes     69
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