Policy prospects for regulating private military and security companies

Abstract

Although the PMSI does not operate in a complete legal vacuum, its inherently transnational nature makes traditional state regulation insufficient. The governance of PMCSs is thus a complex endeavour involving a broader network of actors alongside states, such as international and non-governmental organizations, the industry and its private customers. To unravel the challenges posed by the PMSI, this chapter focuses on three questions. First, it analyses what to regulate, exploring the activities of PMSCs and the dynamics of the market where they operate. It then concentrates on why the market should be regulated by drawing on the literature on civil-military relations and democratic control over the use of force. Finally, it focuses on how to regulate, analysing the potential of a combined approach based on legal regulation, market incentives, and strengthened self-regulation. It looks at the challenges and opportunities for regulation at the national, international, and EU level.