The role of international regulatory initiatives on business and human rights for holding private military and security contractors to account
Title: The role of international regulatory initiatives on business and human rights for holding private military and security contractors to account
Author: MACLEOD, Sorcha
Citation: Francesco FRANCIONI and Natalino RONZITTI (eds), War by contract : human rights, humanitarian law and private contractors, Oxford : Oxford University Press, 2011, pp. 343-361
ISBN: 9780199604555; 9780191725180
This chapter considers the role of international regulatory initiatives in the sphere of business and human rights and corporate social responsibility in regulating private military and security companies (PMSCs). In particular, it analyses the effectiveness of the UN Global Compact and the OECD Guidelines for Multinational Enterprises and considers them within the context of the Protect, Respect and Remedy framework of the UN Secretary-General's Special Representative on business and human rights, John Ruggie. It concludes that while these initiatives possess some regulatory strengths, ultimately they are inadequate for ensuring effective PMSC accountability, due in particular to the lack of remedies available to those harmed by PMSC human rights violations. Furthermore, because of the lack of enforceability they lack any deterrent effect. A top-down–bottom-up, hybrid approach incorporating international and domestic regulation, as well as an effective, transparent, and enforceable remedy is proposed.
Initial version: http://hdl.handle.net/1814/13574
Version: Published version of EUI AEL WP 2009/27
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