Frequently characterized as either mercenaries in modern guise or the market's response to a security vacuum, private military companies are commercial firms offering military services ranging from combat and military training and advice to logistical support, and which play an increasingly important role in armed conflicts, UN peace operations, and providing security in unstable states. Executive Outcomes turned around an orphaned conflict in Sierra Leone in the mid-1990s; Military Professional Resources Incorporated (MPRI) was instrumental in shifting the balance of power in the Balkans, enabling the Croatian military to defeat Serb forces and clear the way for the Dayton negotiations; in Iraq, estimates of the number of private contractors on the ground are in the tens of thousands. As they assume more responsibilities in conflict and post-conflict settings, their growing significance raises fundamental questions about their nature, their role in different regions and contexts, and their regulation. This volume examines these issues with a focus on governance, in particular the interaction between regulation and market forces. It analyzes the current legal framework and the needs and possibilities for regulation in the years ahead. The book as a whole is organized around four sets of questions, which are reflected in the four parts of the book. First, why and how is regulation of PMCs now a challenging issue? Secondly, how have problems leading to a call for regulation manifested in different regions and contexts? Third, what regulatory norms and institutions currently exist and how effective are they? And, fourth, what role has the market to play in regulation?
James Jonah: Foreword Simon Chesterman, Chia Lehnardt: Introduction I Concerns 1: Sarah Percy: Morality and Regulation 2: Kevin O'Brian: What should and what should not be regulated? II Challenges 3: Angela McIntyre & Taya Weiss: Weak governments in search of strength: Africa's experience of mercenaries and private military companies 4: David Isenberg: A government in search of cover: private military companies in Iraq 5: Elke Krahmann: Transitional states in search of support: PMCs and security sector reform III Norms 6: Louise Doswald-Beck: Private military companies under international humanitarian law 7: Chia Lehnardt: Private military companies and state responsibility 8: Marina Caparini: Domestic regulation: licensing regimes for the export of military goods and services IV Markets 9: Deborah Avant: The emerging market for private military services and the problems of regulation 10: James Cockayne: Make or buy? Principal-agent theory and the regulation of private military companies 11: Laura Dickinson: Contract as a tool for regulating private military companies 12: Anna Leander: Regulating the role of private military companies in shaping security and politics 13: Andrew Bearpark & Sabrina Schulz: The future of the market 14: Simon Chesterman, Chia Lehnardt: Conclusion: From mercenaries to market Bibliography Index
Simon Chesterman is Global Professor and Director of the New York University School of Law Singapore Programme, and an Associate Professor of Law at the National University of Singapore. His books include You, The People: The United Nations, Transitional Administration, and State-Building (Oxford University Press, 2004) and Just War or Just Peace? Humanitarian Intervention and International Law (Oxford University Press, 2001). Chia Lehnardt is a doctoral student at Humboldt University in Berlin. From 2005-2006 she was responsible for the research project on private military companies at the Institute for International Law and Justice (IILJ), New York University School of Law. Educated in Berlin, Oxford, Florence, and New York, she has previously worked as a consultant to the IILJ, at the German Federal Parliament, and with a law firm specializing in public law.
Reviews for From Mercenaries to Market: The Rise and Regulation of Private Military Companies
As a resource, From Mercenaries to Market serves only as a starting point, but a very good one. At only 256 pages, and covering many different topics relating to PMCs, it is impressive that the contributors provide so much useful analysis and information. Every contribution is well cited, and chapters are complimented by a select bibliography that makes taking the next step easy for inquisitive readers Alex M. Feldman, Journal of International Law and Politics Despite some critical remarks, both books offer interesting and serious scholarship about a very difficult and controversial topic. In addition, both books offer some fresh angles and even new topics that are not usually examined in the PMC discourse Erkki Holmila, Finnish Yearbook of International Law