Frequently characterised 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.
From Mercenaries to Market examines these issues with a focus on governance, in particular the interaction between regulation and market forces. It analyses the current legal framework and the needs and possibilities for regulation in the years ahead. The book as a whole is organised around four sets of questions, which are reflected in the four parts of the book.
Why and how is regulation of PMCs now a challenging issue?
How have problems leading to a call for regulation manifested in different regions and contexts?
What regulatory norms and institutions currently exist and how effective are they?
What role has the market to play in regulation?
Foreword James Jonah Introduction Simon Chesterman and Chia Lehnardt I Concerns 1. Morality and regulation Sarah Percy 2. What should and what should not be regulated? Kevin O'Brian 3. Regulating the role of private military companies in shaping security and politics Anna Leander II Challenges 4. Weak governments in search of strength: Africa's experience of mercenaries and private military companies Angela McIntyre and Taya Weiss 5. A government in search of cover: Private military companies in Iraq David Isenberg 6. Transitional states in search of support: Private miliary companies and security sector reform Elke Krahmann III Norms 7. Private military companies under international humanitarian law Louise Doswald-Beck 8. Private military companies and state responsibility Chia Lehnardt 9. Domestic regulation: licensing regimes for the export of military goods and services Marina Caparini IV Markets 10. The emerging market for private military services and the problems of regulation Deborah Avant 11. Make or buy? Principal-agent theory and the regulation of private military companies James Cockayne 12. Contract as a tool for regulating private military companies Laura A Dickinson 13. The future of the market Andrew Bearpark and Sabrina Schulz 14. Conclusion: From mercenaries to market Simon Chesterman and Chia Lehnardt 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 research fellow at Humbolt 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
This book could not be better timed, given the subject, regulation of PMCs, and it makes a significant contribution to the academic literature on PMCs. Journal of Modern African Studies The 15 chapters of the book present the complexity of the underlying issues well and offer a good overview into the normative contradictions...the expressly pragmatic approcah chosen by the editors is to be commended for its realism and search for relevance. Furthermore, the book's careful editing, its compact but helpful references, and the thorough index are laudable Ebrahim Afsah, Max Planck Institute for International Law, Heidelberg For anyone interested in the role of Private Military Companied (PMCs) and the problems they raise in today's international environment, this book must find a place on their library shelf. The International Spectator This is an impressive work, which advances both the research and policy agendas in its field...Drawing together contributions from across a range of disciplines and backgrounds, this volume encompasses a wide spectrum of opinions towards PMCs. Its thoughtful structure and insightful contributions also betray the significant foundation work upon which it is premised. British Journal of Criminology