Multilevel Regulation Of Military And Security Contractors

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Multilevel Regulation of Military and Security Contractors

Author : Christine Bakker
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319009
Total Pages : 431 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Multilevel Regulation of Military and Security Contractors by : Christine Bakker

Download or read book Multilevel Regulation of Military and Security Contractors written by Christine Bakker and published by Bloomsbury Publishing. This book was released on 2012-02-10 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.

The Routledge Research Companion to Security Outsourcing

Author : Joakim Berndtsson
Publisher : Routledge
ISBN 13 : 1317042212
Total Pages : 443 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Routledge Research Companion to Security Outsourcing by : Joakim Berndtsson

Download or read book The Routledge Research Companion to Security Outsourcing written by Joakim Berndtsson and published by Routledge. This book was released on 2016-06-10 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conveniently structured into five sections, The Routledge Research Companion to Outsourcing Security offers an overview of the different ways in which states have come to rely on private contractors to support interventions. Part One puts into context the evolution of outsourcing in Western states that are actively involved in expeditionary operations as well as the rise of the commercial security sector in Afghanistan. To explain the various theoretical frameworks that students can use to study security/military outsourcing, Part Two outlines the theories behind security outsourcing. Part Three examines the law and ethics surrounding the outsourcing of security by focusing on how states might monitor contractor behaviour, hold them to account and prosecute them where their behaviour warrants such action. The drivers, politics and consequences of outsourcing foreign policy are covered in Part Four, which is divided into two sections: section one is concerned with armed contractors (providing the provision of private security with the main driver being a capability gap on the part of the military/law enforcement agencies), and section two looks at military contractors (supporting military operations right back to antiquity, less controversial politically and often technologically driven). The final Part takes into consideration emerging perspectives, exploring areas such as gender, feminist methodology, maritime security and the impact of private security on the military profession. This book will be of much interest to students of military and security studies, foreign policy and International Relations.

State Responsibility and New Trends in the Privatization of Warfare

Author : Frauke Renz
Publisher : Edward Elgar Publishing
ISBN 13 : 1789909376
Total Pages : 297 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis State Responsibility and New Trends in the Privatization of Warfare by : Frauke Renz

Download or read book State Responsibility and New Trends in the Privatization of Warfare written by Frauke Renz and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime.

Law’s Impunity

Author : Hin-Yan Liu
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259627
Total Pages : 506 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law’s Impunity by : Hin-Yan Liu

Download or read book Law’s Impunity written by Hin-Yan Liu and published by Bloomsbury Publishing. This book was released on 2015-09-24 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.

Advanced Introduction to International Conflict and Security Law

Author : Nigel D. White
Publisher : Edward Elgar Publishing
ISBN 13 : 1800889046
Total Pages : 191 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Advanced Introduction to International Conflict and Security Law by : Nigel D. White

Download or read book Advanced Introduction to International Conflict and Security Law written by Nigel D. White and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace.

Human Rights in Armed Conflict

Author : Gerd Oberleitner
Publisher : Cambridge University Press
ISBN 13 : 1316240932
Total Pages : 433 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Human Rights in Armed Conflict by : Gerd Oberleitner

Download or read book Human Rights in Armed Conflict written by Gerd Oberleitner and published by Cambridge University Press. This book was released on 2015-03-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies, it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.

Private Military and Security Contractors

Author : Gary Schaub, Jr.
Publisher : Rowman & Littlefield
ISBN 13 : 1442260238
Total Pages : 440 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Private Military and Security Contractors by : Gary Schaub, Jr.

Download or read book Private Military and Security Contractors written by Gary Schaub, Jr. and published by Rowman & Littlefield. This book was released on 2016-06-16 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Private Military and Security Contractors (PMSCs) a multinational team of scholars and experts address a developing phenomenon: controlling the use of privatized force by states in international politics. Robust analyses of the evolving, multi-layered tapestry of formal and informal mechanisms of control address the microfoundations of the market, such as the social and role identities of contract employees, their acceptance by military personnel, and potential tensions between them. The extent and willingness of key states—South Africa, the United States, Canada, the United Kingdom, and Israel—to monitor and enforce discipline to structure their contractual relations with PMSCs on land and at sea is examined, as is the ability of the industry to regulate itself. Also discussed is the nascent international legal regime to reinforce state and industry efforts to encourage effective practices, punish inappropriate behavior, and shape the market to minimize the hazards of loosening states’ oligopolistic control over the means of legitimate organized violence. The volume presents a theoretically-informed synthesis of micro- and macro-levels of analysis, offering new insights into the challenges of controlling the agents of organized violence used by states for scholars and practitioners alike.

International Law and Changing Perceptions of Security

Author : Jonas Ebbesson
Publisher : Hotei Publishing
ISBN 13 : 9004274588
Total Pages : 372 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Law and Changing Perceptions of Security by : Jonas Ebbesson

Download or read book International Law and Changing Perceptions of Security written by Jonas Ebbesson and published by Hotei Publishing. This book was released on 2014-08-07 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional conception of security as national security against military threats has changed radically since the adoption of the UN Charter in 1945. The perceived nature and sources of threats have been widened as well as the objects of protection, now including individuals, societies, the environment as such and the whole globe. In International Law and Changing Perceptions of Security the contributors reflect on whether and how changing concepts and conceptions of security have affected different fields of international law, such as the use of force, the law of the sea, human rights, international environmental law and international humanitarian law. The authors of this book have been inspired by Professor Said Mahmoudi to which this Liber Amoricum is dedicated.

War, Conflict and Human Rights

Author : Chandra Lekha Sriram
Publisher : Routledge
ISBN 13 : 1135019460
Total Pages : 272 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis War, Conflict and Human Rights by : Chandra Lekha Sriram

Download or read book War, Conflict and Human Rights written by Chandra Lekha Sriram and published by Routledge. This book was released on 2014-01-16 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: "War, Conflict and Human Rights is an innovative, interdisciplinary textbook combining aspects of law, politics, and conflict analysis to examine the relationship between human rights and armed conflict. This second edition has been revised and updated, making use of both theoretical and practical approaches. Over the course of the book, the authors: - examine the tensions and complementarities between protection of human rights and resolution of conflict, including the competing political demands and the challenges posed by internal armed conflict; - analyse the different obligations and legal regimes applicable to state and non-state actors, including non-state armed groups, multinational corporations and private military and security companies; - explore the scope and effects of human rights violations in contemporary armed conflicts, such as those in Sierra Leone, Sudan, the Democratic Republic of Congo, the former Yugoslavia, and Cambodia, and reflect on recent events of the "Arab Spring"; - assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law, and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court, as well as other mechanisms of transitional justice; - discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights, and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security and international relations, generally"--

Citizen Killings

Author : Deane-Peter Baker
Publisher : Bloomsbury Publishing
ISBN 13 : 1472575458
Total Pages : 169 pages
Book Rating : 4.4/5 (725 download)

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Book Synopsis Citizen Killings by : Deane-Peter Baker

Download or read book Citizen Killings written by Deane-Peter Baker and published by Bloomsbury Publishing. This book was released on 2016-08-25 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizen Killings: Liberalism, State Policy and Moral Risk offers a ground breaking systematic approach to formulating ethical public policy on all forms of 'citizen killings', which include killing in self-defence, abortion, infanticide, assisted suicide, euthanasia and killings carried out by private military contractors and so-called 'foreign fighters'. Where most approaches to these issues begin with the assumptions of some or other general approach to ethics, Deane-Peter Baker argues that life-or-death policy decisions of this kind should be driven first and foremost by a recognition of the key limitations that a commitment to political liberalism places on the state, particularly the requirement to respect citizens' right to life and the principle of liberal neutrality. Where these principles come into tension Baker shows that they can in some cases be defused by way of a reasonableness test, and in other cases addressed through the application of what he calls the 'risk of harm principle'. The book also explores the question of what measures citizens and other states might legitimately take in response to states that fail to implement morally appropriate policies regarding citizen killings.

The Governance of Private Security

Author : Marco Boggero
Publisher : Springer
ISBN 13 : 3319695932
Total Pages : 201 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis The Governance of Private Security by : Marco Boggero

Download or read book The Governance of Private Security written by Marco Boggero and published by Springer. This book was released on 2018-02-15 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers new insights and original empirical research on private military and security companies (PMSCs), including China’s negotiation approach to governance, an account of Nigeria’s first engagement with regulatory cooperation under the threat of Boko Haram, and a study of PMSCs in Ebola-hit Western Africa. The author engages with concepts and theories from IR, Political Economy, and African studies—like regime, forum shopping, and extraversion—to describe what shapes state choices in national and international fora. The volume clarifies and spells out the needed questions and definitions and proposes a synthesis of how regime formation is shaped by ideas, interests, and institutions, starting from the proposition that regulatory cooperation consists in facilitating the acceptance and use of a single identifier for private military and security companies.

The Privatization of Peacekeeping

Author : Lindsey Cameron
Publisher : Cambridge University Press
ISBN 13 : 1316780341
Total Pages : 433 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis The Privatization of Peacekeeping by : Lindsey Cameron

Download or read book The Privatization of Peacekeeping written by Lindsey Cameron and published by Cambridge University Press. This book was released on 2017-10-19 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private military and security companies (PMSCs) have been used in every peace operation since 1990, and reliance on them is increasing at a time when peace operations themselves are becoming ever more complex. This book provides an essential foundation for the emerging debate on the use of PMSCs in this context. It clarifies key issues such as whether their use complies with the principles of peacekeeping, outlines the implications of the status of private contractors as non-combatants under international humanitarian law, and identifies potential problems in holding states and international organizations responsible for their unlawful acts. Written as a clarion call for greater transparency, this book aims to inform the discussion to ensure that international lawyers and policy makers ask the right questions and take the necessary steps so that states and international organizations respect the law when endeavouring to keep peace in an increasingly privatized world.

Regulating Private Military Companies

Author : Katerina Galai
Publisher : Routledge
ISBN 13 : 0429879962
Total Pages : 341 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Regulating Private Military Companies by : Katerina Galai

Download or read book Regulating Private Military Companies written by Katerina Galai and published by Routledge. This book was released on 2019-03-25 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a ‘shared governance'. It reflects states’ reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.

Sex in Peace Operations

Author : Gabrielle Simm
Publisher : Cambridge University Press
ISBN 13 : 1107030323
Total Pages : 251 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Sex in Peace Operations by : Gabrielle Simm

Download or read book Sex in Peace Operations written by Gabrielle Simm and published by Cambridge University Press. This book was released on 2013-04-25 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically re-evaluates the problem of sex between international personnel and local people and offers regulatory solutions to legal problems.

International Humanitarian Law and Non-State Actors

Author : Ezequiel Heffes
Publisher : Springer Nature
ISBN 13 : 9462653399
Total Pages : 451 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Humanitarian Law and Non-State Actors by : Ezequiel Heffes

Download or read book International Humanitarian Law and Non-State Actors written by Ezequiel Heffes and published by Springer Nature. This book was released on 2019-11-28 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.

Cyber Operations and International Law

Author : François Delerue
Publisher : Cambridge University Press
ISBN 13 : 1108807704
Total Pages : 545 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Cyber Operations and International Law by : François Delerue

Download or read book Cyber Operations and International Law written by François Delerue and published by Cambridge University Press. This book was released on 2020-03-19 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case and it cannot solve the problem related to technical capabilities of the victim.

Piracy and the Privatisation of Maritime Security

Author : Eugenio Cusumano
Publisher : Springer Nature
ISBN 13 : 3030501566
Total Pages : 297 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Piracy and the Privatisation of Maritime Security by : Eugenio Cusumano

Download or read book Piracy and the Privatisation of Maritime Security written by Eugenio Cusumano and published by Springer Nature. This book was released on 2020-07-27 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to pirate attacks in the Western Indian Ocean, countries worldwide have increasingly authorized the deployment of armed guards from private military and security companies (PMSCs) on merchant ships. This widespread trend contradicts states’ commitment to retain a monopoly on violence and discourage the presence of arms on civilian vessels. This book conceptualizes the extensive use of PMSCs as a form of institutional isomorphism, combining the functionalist, ideational, political and organizational arguments used to account for the privatization of security on land into a synthetic explanation of the commercialization of vessel protection.