Date: 2012
Type: Book
Multilevel Regulation of Military and Security Contractors: The interplay between international, European and domestic norms
Oxford/Portland, Hart Publishing, 2012, Studies in International Law[AEL], [PRIV-WAR]
BAKKER, Christine, SOSSAI, Mirko (editor/s), BAKKER, Christine, SOSSAI, Mirko, Multilevel Regulation of Military and Security Contractors: The interplay between international, European and domestic norms, Oxford/Portland, Hart Publishing, 2012, Studies in International Law[AEL], [PRIV-WAR] - https://hdl.handle.net/1814/21314
Retrieved from Cadmus, EUI Research Repository
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.
Table of Contents:
Introduction 1
Christine Bakker and Mirko Sossai
Part I: General Overview 9
1. Regulatory Initiatives at the International Level 11
Nigel D White
2 The Regulatory Context of Private Military and Security Contractors at the EU Level 31
Guido den Dekker
3. The European Union and Private Military and Security Contractors: Existing Controls and Legal Bases for Further Regulation 53
Marco Gestri
4. The Role of EU External Relations in Ensuring Compliance with Human Rights and Humanitarian Law by Private Contractors 79
Mirko Sossai and Christine Bakker
5. A Comparative Overview of European and Extra-European National Regulation of Private Military and Security Services 105
Ottavio Quirico
Part II: Existing Regulation and Case Law in EU Member States 123
6. The Baltic States 125
Ieva Miluna
7. Belgium 155
Axelle Reiter
8. Czech Republic 165
Petra Ochmannova
9. France 185
Vanessa Capdevielle and Hamza Cherief
10. Germany 215
Ralf Evertz
11. Italy 233
Andrea Atteritano
12. The Netherlands 253
Guido den Dekker
13. Spain 273
Joana Abrisketa
14. Sweden 293
Andreas Bergman
15. The United Kingdom 309
Alexandra Bohm, Kerry Senior and Adam White
Part III: Options for Regulation: the Experience of Relevant Third States 329
16. United States: Law and Policy Governing Private Military Contractors after 9/11 331
Kristine Huskey and Scott Sullivan
17. Canada: Beyond the Law? The Regulation of Private Military and Security Companies Operating Abroad 381
David Antonyshyn, Jan Grofe and Don Hubert
18. Colombia: Regulating Private Military and Security Companies in a ‘Host State’ 411
Irene Cabrera and Antoine Perret
19. Israel: Going Private: The Use and Regulation of Private Military and Security Companies in Situations of Armed Conflict 431
Yaël Ronen
20. Russian Federation: Regulatory Tools Regarding Private Entities Performing Military and Security Services 461
Signe Zaharova
21. South Africa: The Regulatory Context of Private Military and Security Services 487
Faustin Z Ntoubandi
22. Australia: Regulating Private Military and Security Companies 507
Tim McCormack and Rain Liivoja
Part IV: Challenges to the Regulation of Private Military and Security Companies 527
23. Jurisdictional Competence and Applicable Criminal Law with Regard to Private Military and Security Companies 529
Ieva Miluna
24. Military Criminal Justice and Jurisdiction over Civilians: The First Lessons from Strasbourg 559
Stefano Manacorda and Triestino Mariniello
25. The Regulation of Private Military and Security Companies: Tax Aspects 583
Giuseppe Melis and Alessio Persiani
Annex: Priv-War Recommendations for EU Regulatory Action in the Field of Private Military and Security Companies and their Services 607
Index 621
Additional information:
This volume is one of the final results of the PRIV-WAR Project.
Cadmus permanent link: https://hdl.handle.net/1814/21314
Full-text via DOI: 9781849462488
Series/Number: [AEL]; [PRIV-WAR]
Publisher: Hart Publishing
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