Katerina Galai

Regulating Private Military Companies

Conflicts of Law, History and Governance

• Gebundenes Buch

Produktbeschreibung

This work examines the ability of existing and evolving PMC regulation to adequately control private force and challenges the capacity of international law to deliver accountability in the event of PMC misconduct.

Produktdetails

• Verlag: CRC Press
• Seitenzahl: 210
• Erscheinungstermin: 28. März 2019
• Englisch
• Abmessung: 234mm x 156mm x 14mm
• Gewicht: 485g
• ISBN-13: 9781138610057
• ISBN-10: 1138610054
• Artikelnr.: 56235399

Autorenporträt

Katerina Galai is a defence and security analyst at RAND Europe, a non-for-profit research institute, based in Cambridge, UK.

Inhaltsangabe

Table of Contents
Introduction
Introduction
Conceptual framework
Power and Legitimacy
Identifying forms of governance
Chapter Outline
Chapter 1: Private Military Companies, a contemporary problem?
Mercenaries, Contractors, Civilians
Definition of Private Military Companies
Challenges of the Definitions
PMC Classification
Regulation and accountability: who should be regulated and to what end?
Regulation
The Purpose of Regulation
Accountability
Conclusion
Chapter 2: Private forces in different forms of governance: historical
typologies
Feudalism and Absolutism
Professional Armies
Italian City-Republics and Civilian Militia
Civilian Militia as a Norm Against Mercenaries
The French Revolution and the Nation-State
La Levée en Masse
The British Empire and the EIC
The EIC and its Accession to Power
The Army of the EIC
Was the Army of the EIC Private or Public?
Normative Approaches to Mercenaries
Conclusion
Chapter 3: Mercenaries of the Twentieth Century and State Responsibility
The Rise of International Legal Norms
Non-Intervention as an International Legal Norm
Decolonisation and Proxy Warfare
Decline of Non-Interventionism
Mercenary Forces in the Congo and Angola
International Legal Response to the Use of Irregular Forces
Anti-Mercenary Norms
The Nicaragua Case
Conclusion
Chapter 4: New Wars, Neoliberalism, and the Rise of PMCs
New Wars and the Rise of PMCs
Neoliberalism
Accountability and State Control
Governance and Governmentality
Conclusion
Chapter 5: Legal mechanisms and challenges in invoking individual and state
responsibility for PMCs
Between civilians and combatants: responsibility and impunity of private
contractors
Legitimacy of private contractors
Status of a non-combatant
Proximity to conflict
International dimension
State as a client and the main actor in international law
IHL and state responsibility for PMCs: Gaps in the ILC Articles on
Attribution of Conduct
States as PMC Clients and Limitations of Contract Law
State-Centric Regulation Concerning PMCs
Conclusion
Chapter 6: The role of international regulation and the growing power and
legitimacy of companies
The Human Rights Regime: UN Guiding Principles, UN Resolution 26/9, UN
Draft Convention
UN Draft Convention
Industry-Focus Regulation: the ICoC, the Montreux Document and Other
Industry Bodies
Corporation as a form of governance
Conclusion
Chapter 7: Limitations and opportunities arising from the corporate status
of PMCs: domestic and transnational procedure for invoking corporate
responsibility
Procedural Obstacles
Territorial Limitations & Examples of Domestic Jurisdiction on PMCs
Civil procedure in establishing corporate accountability in tort law
(Establishing) Corporate responsibility for international crimes
Conclusion
Chapter 8: Exploring the mechanisms of international criminal law to
develop corporate accountability for PMCs
International criminal law and possible lineages of corporate
responsibility
Limitations of international criminal legal procedure
Lessons from addressing international crimes through ICL and possible
lineages of international criminal responsibility
Universal Jurisdiction and Piracy
War Crimes and Crimes Against Humanity
Considerations and opportunities for future regulation
Criminalising Mercenarism
Include Corporations (or at least PMCs) in the Jurisdiction of the Rome
Statute
'Pairing' ICL to Domestic Legal Systems
Employing Transnational Law to Construct Corporate Criminal Responsibility
Conclusion
Index