From Mercenaries To Market: The Rise And Regulation Of Private Military Companies University Press Scholarship Online

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. 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? Foreword • James O C Jonah 6 Acknowledgements 10 Contents 12 Table of Cases 14 Table of Treaties and Legislation 16 List of Contributors 18 Introduction • Simon Chesterman and Chia Lehnardt 22 PART I . CONCERNS 30 1. Morality and regulation • Sarah Percy 32 2. What should and what should not be regulated? • Kevin A O’Brien 50 3. Regulating the role of private military companies in shaping security and politics • Anna Leander 70 PART II. CHALLENGES 86 4. Weak governments in search of strength: Africa’s experience of mercenaries and private military companies • Angela McIntyre and Taya Weiss 88 5. A government in search of cover: Private military companies in Iraq • David Isenberg 103 6. Transitional states in search of support: Private military companies and security sector reform • Elke Krahmann 115 PART III. NORMS 134 7. Private military companies under international humanitarian law • Louise Doswald-Beck 136 8. Private military companies and state responsibility • Chia Lehnardt 160 9. Domestic regulation: Licensing regimes for the export of military goods and services • Marina Caparini 179 PART IV. MARKETS 200 10. The emerging market for private military services and the problems of regulation • Deborah Avant 202 11. Make or buy? Principal-agent theory and the regulation of private military companies • James Cockayne 217 12. Contract as a tool for regulating private military companies • Laura A Dickinson 238 13. The future of the market • Andrew Bearpark and Sabrina Schulz 260 14. Conclusion: From mercenaries to market • Simon Chesterman and Chia Lehnardt 272 Select Bibliography 278 Index 292 The Contributors To This Text Consider The Growing Importance Of Private Military Companies And Efforts To Regulate Their Activities. Morality And Regulation / Sarah Percy -- What Should And What Should Not Be Regulated? / Kevin A. O'brien -- Regulating The Role Of Private Military Companies In Shaping Security And Politics / Anna Leander -- Weak Governments In Search Of Strength : Africa's Experience Of Mercenaries And Private Military Companies / Angela Mcintyre And Taya Weiss -- A Government In Search Of Cover : Private Military Companies In Iraq / David Isenberg -- Transitional States In Search Of Support : Private Military Companies And Security Sector Reform / Elke Krahmann -- Private Military Companies Under International Humanitarian Law / Louise Doswald-beck -- Private Military Companies And State Responsibility / Chia Lehnardt -- Domestic Regulation : Licensing Regimes For The Export Of Military Goods And Services / Marina Caparini -- The Emerging Market For Private Military Services And The Problems Of Regulation / Deborah Avant -- Make Or Buy? : Principal-agent Theory And The Regulation Of Private Military Companies / James Cockayne -- Contract As A Tool For Regulating Private Military Companies / Laura A. Dickinson -- The Future Of The Market / Andrew Bearpark And Sabrina Schulz -- Conclusion : From Mercenaries To Market / Simon Chesterman And Chia Lehnardt. Edited By Simon Chesterman And Chia Lehnardt. A Project Of The Institute For International Law And Justice At New York University School Of Law. Includes Bibliographical References (p. [257]-270) And Index.