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E-raamat: From Mercenaries to Market: The Rise and Regulation of Private Military Companies [Oxford Scholarship Online e-raamatud]

Edited by (Research Fellow at Humboldt University, Berlin), Edited by (Global Professor and Director of the New York University School of Law Singapore Programme, and an Associate Professor of Law at the National University of Singapore)
  • Formaat: 310 pages
  • Ilmumisaeg: 12-Jul-2007
  • Kirjastus: Oxford University Press
  • ISBN-13: 9780199228485
  • Oxford Scholarship Online e-raamatud
  • Raamatu hind pole hetkel teada
  • Formaat: 310 pages
  • Ilmumisaeg: 12-Jul-2007
  • Kirjastus: Oxford University Press
  • ISBN-13: 9780199228485
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 which 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 analyzes the current legal framework and the needs and possibilities for regulation in the years ahead. The book as a whole is organized around four sets of questions, which are reflected in the four parts of the book. 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?
Table of Cases
xiii
Table of Treaties and Legislation
xv
List of Contributors
xvii
Introduction 1(10)
Simon Chesterman
Chia Lehnardt
I. CONCERNS
Morality and regulation
11(18)
Sarah Percy
What should and what should not be regulated?
29(20)
Kevin A O'Brien
Regulating the role of private military companies in shaping security and politics
49(18)
Anna Leander
II. CHALLENGES
Weak governments in search of strength: Africa's experience of mercenaries and private military companies
67(15)
Angela Mclntyre
Taya Weiss
A government in search of cover: Private military companies in Iraq
82(12)
David Isenberg
Transitional states in search of support: Private military companies and security sector reform
94(21)
Bike Krahmann
III. NORMS
Private military companies under international humanitarian law
115(24)
Louise Doswald-Beck
Private military companies and state responsibility
139(19)
Chia Lehnardt
Domestic regulation: Licensing regimes for the export of military goods and services
158(23)
Marina Caparini
IV. MARKETS
The emerging market for private military services and the problems of regulation
181(15)
Deborah Avant
Make or buy? Principal-agent theory and the regulation of private military companies
196(21)
James Cockayne
Contract as a tool for regulating private military companies
217(22)
Laura A Dickinson
The future of the market
239(12)
Andrew Bearpark
Sabrina Schulz
Conclusion: From mercenaries to market
251(6)
Simon Chesterman
Chia Lehnardt
Select Bibliography 257(14)
Index 271
Simon Chesterman is Global Professor and Director of the New York University School of Law Singapore Programme, and an Associate 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 at Humboldt 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.