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1
Shishmonin, Sergey Vladimirovich. "EVOLUTION OF PRIVATE MILITARY COMPANIES IN THE WORLD." Current Issues of the State and Law, no. 9 (2019): 107–13. http://dx.doi.org/10.20310/2587-9340-2019-3-9-107-113.
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In a rapidly changing and unstable situation on the world stage, private military companies are present and developing very effectively in the military sphere. Relation to private military companies is a relatively new actors in the military sphere, is not clear. The history of formation and development of these organizations is short, but very bright. Mercenarism and prototypes of private military companies were known in ancient times. We show the evolution of private military companies from mercenaries to modern companies. In the modern sense of the term private military companies began to be actively created only in the middle of the 20th century. European states, in particular, the United States, played an active role in these processes. This state also went down in history as the first legally regulate the activities of military companies. In just over half a century, private military companies have been involved in many military conflicts and have proven to be a highly mobile and versatile tool for addressing geopolitical and state tasks. Since the early of 21th century, international private corporations and enterprises have become interested in the services of these organizations. The private-military segment of the market is developing very actively and steadily in the conditions of the modern world situation.
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Skuratova, A. Yu, and E. E. Korolkova. "Private military and security companies in international law." Moscow Journal of International Law, no. 4 (December 31, 2020): 81–94. http://dx.doi.org/10.24833/0869-0049-2020-4-81-94.
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INTRODUCTION. The article analyses the sources of international law, national legislation of the Russian Federation, as well as that of certain foreign States regulating the operation of private military and security companies (PMSCs) in armed conflict. The article highlights the out-comes of the work of the UN Special Rapporteurs and Working Groups to study the activity of PMSCs and the impact it had on the observance of human rights. The authors further analyze the status of PMSC personnel under international humanitarian law. The article also looks at the positions expressed by the delegations of Member States during the discussion of the 2010 Draft Convention on Private Military and Security Companies (PMSCs) and provides recommendations for developing an appropriate international regulatory framework. The authors also examined State practice of the implementation of the The Montreux Document on Pertinent International Legal Obligations and Good Practices for Statesт Related to Operations of Private Military and Security Companies During Armed Conflict related to the operation of private military and security companies during armed conflict.MATERIALS AND METHODS. The article contains an analysis of the main sources of international law, the documents drafted by the United Nations International Law Commission, special rapporteurs and working groups on the matter, and State practice. It also addresses Russian and foreign legal scholarship. From a methodological perspective, this study relied on the general scientific (analysis, synthesis, systemic approach) and private legal methods of knowledge (formal-legal, comparative legal studies).RESEARCH RESULTS. Based on the study, it is argued that an international treaty should be adopted to regulate the activities of PMSCs, which would establish mechanisms to monitor and hold PMSCs and their employees legally accountable.
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Shishmonin, Sergey Vladimirovich. "Private military companies: problems and prospects of legal regulation in Russian Federation." Current Issues of the State and Law, no. 10 (2019): 235–42. http://dx.doi.org/10.20310/2587-9340-2019-3-10-235-242.
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In today’s world in a market economy condition and a complex geopolitical situation quite actively began to develop private military companies. However, the activity of these companies is a very urgent problem of legislative consolidation. We show European experience of private military companies legislative regulation. Especially great success in this field has reached the country, which is the main consumer of military companies services - the United States. However, this issue is becoming more and more urgent for Russia. On the territory of Russia there is a kind of “de facto”: private military companies exist, their activities are not regulated, and all this in the conditions of a legislative ban on mercenarism. Therefore, the need for legislative regulation of the military organizations activities expressed by many representatives of state power. The adoption of the law on private military companies would be a very relevant and safe way to legalize the private military companies activities. We show the main directions of possible decisions implementation by representatives of state bodies of Russia. Small steps in this direction have been taken, however, a full-fledged law has not been adopted at the moment, and the prospects for the implementation of bills in this direction are quite vague.
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Haridha, Frieska, Indra Kusumawardhana, and Muhammad Firjatullah. "Private Boots on The Ground: Meretas Korelasi Kebangkitan Private Military Companies Dengan Globalisasi Ekonomi." Andalas Journal of International Studies (AJIS) 8, no. 2 (November 30, 2019): 224. http://dx.doi.org/10.25077/ajis.8.2.222-232.2019.
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This article targets an understanding related to the phenomenon of the rise of the Private Military Company which has strengthened its relations with the State in various conflicts in the world in the era of globalization - especially after the terrorist attacks on the United States in 2001. Using PMC understanding as an actor and the concept of globalization on economy, this paper provides a descriptive analysis of the correlation between the existence of PMC and the process of economic globalization that supports their existence in various conflicts in this world.
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Korol’kova, E. "Evolution of United States’ Private Military and Security Companies: The Case of Afghanistan 2001–2021." International Trends / Mezhdunarodnye protsessy 20, no. 1 (2022): 122–47. http://dx.doi.org/10.17994/it.2022.20.1.68.7.
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The withdrawal of troops on 31 August 2021 which was carried out in accordance with the Agreement signed on 29 February 2020 between the U.S. government and the Taliban (an international terrorist organization banned in the Russian Federation) marked the end of the international military campaign in Afghanistan which lasted twenty years. Assessing the preliminary outcomes of nearly a quarter-century of the US military and their NATO allies’ presence in Afghanistan, U.S. President Joseph Biden announced the end of “an era of major military operations to remake other countries”. Though the consequences of the Western coalition campaign in the area remain to be evaluated and they are unlikely to turn out to be unequivocal, the Atlantic strategy aimed at rebuilding and democratization of Afghanistan proved itself as bankrupt. Our research focuses on the way the twenty-year military campaign in Afghanistan affected the development of the U.S. private military and security companies (PMSC) industry. For these purposes, we, firstly, studied and traced the transformation of the private military and security services market in the U.S., and examined the changes of approaches and mechanisms used to contract PMSCs. Secondly, we analyzed the way the U.S. authorities addressed the challenges new market evoked, focusing on the measures of legal regulation that were applied to PMSCs, and the way the working of the U.S. institutional mechanisms was transforming. The final part of the research contains conclusions on the perspectives for the development of the American PMSC industry after the withdrawal of the U.S. troops from Afghanistan. We believe that due to its duration and continuity, the Afghan operation ensured a launchpad for the PMSC industry and provided conditions for private military and security companies to acquire and master high-end experience which in turn, contributed to the development of a certain market that goes well beyond the involvement of conventional human capital. It provided solutions for the production, utilization, and maintenance of the equipment and technologies, allowing the minimization of the direct participation of specialists in hostilities. Alongside the development of the American PMSC industry itself, the research studies the investigations conducted by the U.S. authorities into the cases of abuse committed by the contractors during their participation in Afghan war. It discusses the way this practice encouraged the transformations of United States procedures and mechanisms aimed at reducing malpractice when performing contracts and launched changes in U.S. legislation. It also demonstrates the lessons learned by the U.S. from the contractual practice with regard to the regulation of PMSCs. The research reveals the strengths and weaknesses of the American policy regarding PMSCs during the whole period of the military conflict in Afghanistan and helps to evaluate the success of the U.S. efforts in monitoring contractors across Afghanistan. To conclude, we reckon that considerable contractual experience acquired in Afghanistan ensures technological and procedural progress of the U.S. PMSC industry. Given the enduring rivalry between the U.S., Russia, and China, including in the military and technological spheres, the twenty-year experience of direct participation in hostilities by U.S. PMSCs boosted its competitive advantage compared to Russia and China, whose PMSCs still lack such an experience.
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Karska, Elżbieta, and Karol Karski. "Introduction: The Use of Private Military and Security Companies by the United Nations." International Community Law Review 16, no. 4 (October 24, 2014): 399–404. http://dx.doi.org/10.1163/18719732-12341286.
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The work of private military and security contractors is extremely controversial from the point of view of international law and of practice. Sometimes there are doubts as to whether some of their activities should be considered legal activities or illegal mercenarism. Like any other entities using force, they can violate human rights as well as international humanitarian law. They provide their services to, amongst others, states and intergovernmental organisations, including the un. This requires a precise definition of the rules under which such contractors operate, both with regard to the law of treaties and the domestic law of the entities using their services. A question also arises as to whether there is any legal limit to their services being used by intergovernmental organisations, i.e. entities deriving their competences from the will of their member states. The work of the un is an interesting example here. The organisation uses such contractors, but on the other hand, it undertakes various activities to eliminate any potential threats in this respect.
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Maclellan, Nic. "From Fiji to Fallujah: The war on Iraq and the privatisation of Pacific security." Pacific Journalism Review : Te Koakoa 12, no. 2 (September 1, 2006): 47–65. http://dx.doi.org/10.24135/pjr.v12i2.862.
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Since the invasion of Iraq in 2003, private security companies from the United Kingdom and United States have been seeking personnel for their operations in the Middle East, and many hundreds of Fijians have signed up. The privatisation of security, a growing trend in the Middle East and Africa, has reached the shores of the South Pacific and governments have little control over former army personnel employed by private military contractors. This article documents the recruitment of Fijian military personnel for service in Iraq and Kuwait, and the casualties that they have faced. The engagement of former military personnel as private military contractors has spilt over into the Pacific as well—from the 1997 Sandline crisis to current events in Bougainville. Since November 2005, the governments of Fiji, Papua New Guinea and Solomon Islands have tried to resolve a crisis caused by the presence of former Fijian soldiers in Bougainville.
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Kleyhons, Ferdinand. "Les Affreux en Irak. Die Teilprivatisierung des professionellen Blutvergießens in der heutigen Kriegsführung anhand des Beispiels des Irakkriegs." historia.scribere, no. 13 (June 22, 2021): 177. http://dx.doi.org/10.15203/historia.scribere.13.637.
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Les Affreux en Irak. The partial privatisation of professional bloodshed in modern warfare exemplified by the Iraq WarAfter the launch of "Operation Iraqi Freedom", the United States of America were engaged in war for the next eight years, in which they heavily relied on the assistance of private companies, known as Private Military Companies (PMC). The following paper uses the Iraq War respectively the following occupation of Iraq as a case study to examine the role of PMCs in modern warfare. It analyses the military branches in which PMCs provided support to the USA, including logistics, training, security, and even intelligence services. It also discusses the advantages as well as disadvantages of PMCs in current combat operations.
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Khalyasov, Ilshat S., and Andrey G. Svetlakov. "TO THE QUESTION OF RUSSIAN AND FOREIGN EXPERIENCE OF COUNTERACTION CRIMINALIZATION IN THE MARKET OF SECURITY SERVICES." Today and Tomorrow of Russian Economy, no. 107-108 (2022): 63–73. http://dx.doi.org/10.26653/1993-4947-2022-107-108-05.
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This article discusses the issues of decriminalization of the security services market, the author’s definition of this concept is proposed; the functions of private security companies in the implementation of public and private interests, the scheme of interaction between security officers, security companies, customer organizations and the state in the security services market are presented. The characteristic features of the implementation of security activities in Russia are considered, the powers of security officers are determined, including the protection of the life and health of citizens, the protection of objects and property, consulting, ensuring public order, conducting inspections while ensuring intra-object and access control. The analysis of foreign experience in the implementation of security services in the United States, Germany, Bulgaria and China, as well as the interaction of private security companies with private military companies. The level of salaries of security officers in Russia and foreign countries is presented.
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Reno, William. "The Clinton Administration and Africa: Private Corporate Dimension." Issue: A Journal of Opinion 26, no. 2 (1998): 23–28. http://dx.doi.org/10.1017/s004716070050290x.
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Prior to the start of the colonial era in Africa in the late 19th century, European states conducted relations with African rulers through a variety of means. Formal diplomatic exchanges characterized relations with polities that Europeans recognized as states, between European diplomats and officials of the Congo Kingdom of present-day Angola, Ethiopia, and Liberia, for example. Other African authorities occupied intermediate positions in Europeans’ views of international relations, either because these authorities ruled very small territories, defended no fixed borders, or appeared to outside eyes to be more akin to commercial entrepreneurs than rulers of states. Relations between Europe and these authorities left much more room for proxies and ancillary groups. Missionaries, explorers, and chartered companies commonly became proxies through which strong states in Europe pursued their relations with these African authorities. So too now, stronger states in global society increasingly contract out to private actors their relations toward Africa’s weakest states. Especially in the United States, but also in Great Britain and South Africa, officials show a growing propensity to use foreign firms, including military service companies, as proxies to exercise influence in small, very poor countries where strategic and economic interests are limited. This privatized foreign policy affects the worst-off parts of Africa—states like Angola, the Central African Republic, Liberia, Mozambique, and Sierra Leone—where formal state institutions have collapsed, often amidst long-term warfare and disorder.
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Pradnyajaya, I. Kadek Wahyu, and Made Maharta Yasa. "LEGALITAS DAN TANGGUNG JAWAB PRIVATE MILITARY AND SECURITY COMPANY DALAM INVASI IRAK OLEH AMERIKA SERIKAT." Kertha Semaya : Journal Ilmu Hukum 10, no. 7 (May 29, 2022): 1496. http://dx.doi.org/10.24843/ks.2022.v10.i07.p03.
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Amerika Serikat (AS) melibatkan Perusahaan Militer dan Keamanan Swasta atau “Private Military and Security Companies” (PMSC) dalam jumlah besar atas misi rekonstruksi Irak sejak tahun 2003. Keterlibatan dari PMSC telah menimbulkan banyak permasalahan khususnya kejahatan terhadap kemanusiaan (Crime Against Humanity) yang dilakukan kepada warga sipil dalam misi rekonstruksi Irak ini. Adapun tulisan ini bertujuan untuk mengetahui status hukum dari PMSC dalam invasi Irak oleh Amerika Serikat (AS) berdasarkan hukum internasional yang berlaku serta untuk menganalisa pertanggungjawaban dari Amerika Serikat (AS) selaku pihak yang menggunakan PMSC dalam invasi ke Irak yang telah menyebabkan banyak permasalahan bagi Irak. Tulisan ini merupakan penelitian yuridis normatif yang menggunakan pendekatan peraturan perundang-undangan, dalam hal ini perjanjian, konvensi dan instrumen internasional yang relevan, pendekatan kasus serta pendekatan sejarah. Kesimpulan yang didapatkan adalah PMSC merupakan sebuah perusahaan yang bergerak pada pelayanan jasa berupa bantuan militer atau keamanan. Kontraktor PMSC yang melakukan Penembakan terhadap warga sipil di Irak telah mengubah statusnya dari civilian menjadi seseorang yang tidak berhak diberi status sebagai kombatan ataupun tawanan perang. Adapun hal ini telah sesuai dengan unsur-unsur daripada pasal 47 Protokol Tambahan 1 1977 United Nation Mercenary Convention dan The Montreux Document. Dapat pula disimpulkan mengenai pertanggungjawaban dibebankan kepada Amerika Serikat selaku pihak penyewa PMSC yang telah melakukan banyak permasalahan khususnya kejahatan terhadap kemanusiaan (Crime Against Humanity) kepada warga sipil wajib dikarenakan telah terjadi pelanggaran terhadap Konvensi Jenewa 1949, Pasal 51 Protokol Tambahan I 1977 dan Statuta Roma 1998.
The United States of America (US) has engaged a large number of Private Military and Security Companies (PMSC) in Iraq reconstruction missions since 2003. The involvement of the PMSC has created many problems of crimes against humanity committed against civilians on this Iraq reconstruction mission. This paper aims to see the legal status of the PMSC in the invasion of Iraq by the United States of America (US) based on applicable international law and to analyze the accountability of the United States of America (US) as the party who used PMSC in the invasion of Iraq which has caused many problems. This paper is a normative legal research that uses statute approach, in terms of treaties, conventions and relevant international instruments, case approach and historical approach. The conclusion is that PMSC is a company engaged in services such as military or security assistance. PMSC contractors who carried out shootings on civilians in Iraq have changed their status from civilian to someone who is not entitled to the status of a combatant or prisoner of war. As for this, it is in accordance with the elements of Article 47 of Additional Protocol 1 of the 1977 United Nations Mercenary Convention and The Montreux Document. It can also be concluded that the responsibility imposed on the United of America States as the charterer of PMSC which has committed many problems, especially crimes against humanity (Crime Against Humanity), to civilians is obliged due to violations of the 1949 Geneva Conventions, Article 51 Additional Protocol I 1977 and the Rome Statute 1998.
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Pimentel, Cauê Rodrigues. "Entre o livre-mercado e o compromisso multilateral: opções de regulação internacional sobre empresas militares e de segurança privada/Between free-market and multilateral commitment: options on the international regulation of private military and security." Brazilian Journal of International Relations 4, no. 2 (August 20, 2015): 273–99. http://dx.doi.org/10.36311/2237-7743.2015.v4n2.06.p273.
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Este artigo tem como problema central o fenômeno das Empresas Militares e de Segurança Privada e seu papel no uso da força. O objetivo é analisar os processos de regulação para controlar este setor que floresceu a partir da década de 1990. Analisar-se-ão duas propostas negociadas internacionalmente: o “Projeto de Convenção” do Grupo de Trabalho sobre Mercenários das Nações Unidas que configura uma opção pelo controle tradicional através de tratado multilateral; e o “Documento de Montreux”, projeto de iniciativa suíça que congrega Estados e integrantes do setor privado para a criação de um Código Internacional de Conduta. A hipótese do artigo aponta que países exportadores de serviços de segurança, notadamente Estados Unidos e Reino Unido, favorecem uma saída de regulação pró-mercado que beneficia a iniciativa privada. Ao apoiar a iniciativa suíça, os Estados exportadores conduzem o debate e indicam que estas empresas não serão desmobilizadas, senão que este mercado crescerá nas próximas décadas apesar das preocupações sobre os efeitos da alienação do monopólio estatal do uso da força e suas conseqüências sobre os direitos humanos e accountability democrático. Para conduzir a análise, proceder-se-á uma observação detalhada dos principais documentos que formam a constelação de propostas de regulação, assim como notas sobre os processos decisórios através dos quais estes marcos foram elaborados e votados. Será possível apreciar como o tema da regulação das EMSPs não é somente um problema de natureza técnica ou jurídica, e sim um debate político onde prevalecem interesses econômicos e estratégicos que dominam a segurança internacional contemporânea.Palavras-Chave: Empresas Militares e de Segurança Privada; Mercenários; Segurança Internacional. Abstract: This article faces the problem of Private Military and Security Companies (PMSCs) and their role in the use of force. The objective is to analyze the regulation projects that aim to control this sector that has flourished since 1990. Here, two main international proposals will be analyzed: the United Nations’ Project sponsored by the Working Group on the use of Mercenaries, an option that emphasizes control through a conventional multilateral treaty; and the “Montreaux Document” originated from the Swiss Initiative and that congregates States and private sector in order to create an International Code of Conduct. The hypothesis of this article points that countries that are major exporters of security services, notably the United States and United Kingdom, prefer the Montreaux option and its pro-market character. By sponsoring the Swiss initiative, the exporting states lead the debate and indicate that these companies will not be demobilized and the market will grow in the coming decades, despite concerns about the effects of these companies on the state monopoly on violence and on human rights and democratic accountability. To achieve these objectives, we will conduct a detailed observation of the key documents that form the constellation of regulatory proposals, as well some notes about the decision-making processes by which these projects were drafted and voted. By doing this, it will be possible to understand how the issue of regulation of PMSCs is not only a problem of technical or legal nature, but a political debate where economic and strategic interests related to international security become visible. Keywords: Private Military and Security Companies; Mercenaries; International Security.DOI: 10.20424/2237-7743/bjir.v4n2p273-299
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DAVITTI, Daria. "The Rise of Private Military and Security Companies in European Union Migration Policies: Implications under the UNGPs." Business and Human Rights Journal 4, no. 1 (November 9, 2018): 33–53. http://dx.doi.org/10.1017/bhj.2018.21.
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AbstractThis article examines the involvement of Private Military and Security Companies (PMSCs) in both shaping and implementing the European Agenda on Migration (European Agenda), launched by the European Union in May 2015. The migration policies which have since been adopted have increasingly enabled the outsourcing to private security contractors of various border control operations, including those related to forced returns, administrative detention and security services for the Italian and Greek ‘hotspots’. The article argues that PMSCs frame, shape and entrench militarized responses in the European Agenda. It also contends that the current context of the European refugee ‘crisis’ meets the conditions of a high-risk context, as understood within the United Nations Guiding Principles on Business and Human Rights (UNGPs). This re-definition of the refugee ‘crisis’ as a high-risk context, in turn, enables the identification of heightened human rights obligations of home states and responsibilities of companies when implementing the UNGPs.
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Chinnappa, Amy Elizabeth. "The United States and the Coalition Provisional Authority – occupation by proxy?" Leiden Journal of International Law 32, no. 3 (May 28, 2019): 415–36. http://dx.doi.org/10.1017/s0922156519000219.
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AbstractThe Coalition Provisional Authority (CPA) governed Iraq from 2003 following Resolution 1483 of the UN Security Council. This Resolution affirmed that Iraq was in a state of occupation and that there were occupying powers. The Resolution referred to the United States of America and the United Kingdom as ‘occupying powers under the unified command of the “Authority”’, the ‘Authority’ being the CPA. However, the legal status of the CPA and its relationship to the US (the focus of this article) is not entirely clear, both under US domestic law and international law. This lack of clarity could have significant implications for the US’s responsibility for the CPA’s conduct. As with private military companies, a CPA-style administration of territory could become a tool for states to quarantine their risk under the law of occupation. This article contends that the theory of occupation by proxy may help clarify the legal status of the CPA and its relationship to the US and could assist in closing the identified gap in responsibility. To support this argument, this article establishes a legal framework for the theory of occupation by proxy which is then applied to the CPA and US.
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Cusumano, Eugenio, and Stefano Ruzza. "Security privatisation at sea: Piracy and the commercialisation of vessel protection." International Relations 32, no. 1 (September 20, 2017): 80–103. http://dx.doi.org/10.1177/0047117817731804.
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In 2011, the growing number of pirate attacks prompted several flag states to authorise the use of armed guards aboard vessels. Despite facing the same threat, the United Kingdom, the Netherlands and Italy have adopted three distinct approaches to securing their merchant ships, ranging from the exclusive use of private security companies (PSCs) to the employment of military personnel only. This article conducts a congruence testing of the main theoretical explanations for the use of PSCs on land against UK, Dutch and Italian vessel protection policies. By relying on sequencing as a technique for theoretical synthesis, we develop a multicausal explanation of states’ vessel protection arrangements, showing the varying influence of functionalist, ideational, organisational and political drivers of security privatisation at different phases of the policy process.
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Krahmann, Elke. "The United States, PMSCs and the state monopoly on violence: Leading the way towards norm change." Security Dialogue 44, no. 1 (February 2013): 53–71. http://dx.doi.org/10.1177/0967010612470292.
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The proliferation of private military and security companies (PMSCs) in Iraq and Afghanistan has raised many questions regarding the use of armed force by private contractors. This article addresses the question of whether the increased acceptance of PMSCs indicates a transformation of the international norm regarding the state monopoly on the legitimate use of armed force. Drawing on theoretical approaches to the analysis of norm change, the article employs four measures to investigate possible changes in the strength and meaning of this norm: modifications in state behaviour, state responses to norm violation, the promulgation of varying interpretations of the norm in national and international laws and regulations, and changes in norm discourse. Based on an analysis of empirical evidence from the United States of America and its allies, the article concludes that these measures suggest that the USA is leading the way towards a transformation of the international norm of the state monopoly on violence, involving a revised meaning. Although this understanding has not yet been formally implemented in international law, it has allowed a growing number of countries to tolerate, accept or legalize the use of armed force by PMSCs in the international arena.
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Dana, Tariq. "A Cruel Innovation: Israeli Experiments on Gaza’s Great March of Return." Sociology of Islam 8, no. 2 (May 1, 2020): 175–98. http://dx.doi.org/10.1163/22131418-00802003.
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This article sheds light on the relationship between Israeli high-tech innovation and military/security production in the framework of settler-colonialism and the prolonged occupation of the Palestinian territories. It analyzes the global rise of Israel in military and security innovation as a result of decades-long colonial ventures and regional wars, which have been a key variable for dynamic and extensive innovation and productivity. Moreover, the article argues that Israeli military and security would not have been attainable without the extraordinary official assistance and private investment from the United States, especially since the aftermath of the 1967 war. Besides the structural dependency on the US, this article highlights other characteristics that define Israel’s military and security production, such as the vicious nature of these innovations, complicity in global atrocities, and profitability of innovation to Israel’s war economy. Finally, the article presents Gaza’s Great March of Return (gmr) as a case study to present evidence on the ways in which Israeli military forces and security companies are jointly involved in experimentation, using new weapons and unmanned devices on the Palestinian civilians.
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Álvaro-Moya, Adoración. "The Globalization of Knowledge-Based Services: Engineering Consulting in Spain, 1953–1975." Business History Review 88, no. 4 (2014): 681–707. http://dx.doi.org/10.1017/s0007680514000725.
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This article explores the globalization of knowledge-based services and their impact on host-country firms’ organizational capabilities. Two drivers of such globalization—foreign aid and foreign direct investment coming from the United States—contributed to the development of engineering consulting in Spain in the beginning of the new global economy. The largest Spanish engineering firms have been able to integrate imported knowledge into their own organizational capabilities, enabling them to compete successfully in international markets. This imported knowledge was disseminated in two ways: through private companies, via affiliates and strategic alliances between locals and foreigners; and through the technical and military aid the U.S. government provided during the Cold War.
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Mutonyi, Gerald Peter, and Happi Kilongosi. "The Establishment and Regulation of the Commercial Security Industry in Kenya and its Constitutionality." Path of Science 6, no. 11 (November 30, 2020): 1010–16. http://dx.doi.org/10.22178/pos.64-2.
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The commercial security industry's effective establishment and regulation have been overlooked in many states, including Kenya. The increase of Commercial security firms' involvement in national and transnational business resulted in the United Nations drafting the Convention on the Regulation, Oversight, and Monitoring of Private Military and Security Companies. This study examines the Commercial Security Industry in Kenya in terms of establishment and regulation, outlining the industry's major issues and challenges. The aim was to demonstrate that laws and practices relating to registration and regulation of the Commercial Security Industry in Kenya are loosely created, weak, and shaky. And up to date, the commercial security industry in Kenya is operating in contravention of the Constitution.
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Othman, Arez Mohammed Sediq. "Investment in Space Resources: Property Rights to Natural Resources Extracted in Space and the Position of Iraqi legal system." Journal of University of Human Development 5, no. 1 (January 21, 2019): 36. http://dx.doi.org/10.21928/juhd.v5n1y2019.pp36-43.
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In the second half of the last century, the space activities have increased paralleled with the rapid development in space technology. The greed of giant corporations has exceeded the universe and tried to reach resources outside Earth. Exploring other planets is not something new, while racing to reach the resources outside earth by private space exploration companies as human’s off earth destiny is quite recent. Many nations have plan to reach the moon by 2020 including the United States who has plan to establish a permanent base on moon by 2024. The ambition to reach outer space is not just for the scientific purposes, but rather to exploit resources form space. As long as space is a common sphere among all the nations, there are many treaties signed and ratified to lay down broad rules and principle to organize the area. Mining celestial materials is one of the issues that does not have a legal framework as private companies are eagerly trying to mine materials which are not existed on earth such as Helium three or any other bodies that are scarce on earth. Until now, the international community has not been successful in establishing a solid legal system to regulate outer space activities. Besides, there are attempts by some countries to have particular legislation allowing private companies to extract natural resources. However, technological, economic and military powers of countries are the major factors in exercising the activities outside our planet due to the special nature of such activities. This paper argues that despite the difficulties of having a consensus over a legal framework, there are many other issues that need to be taken into consideration. Further, the perspective of the Iraqi legal system is also examined with regard to the possibility of adopting particular law on outer space activities. It also argues that although the lack of advanced technological skills might avoid countries reaching outer space, it will not prevent states from adopting specific legislation to regulate private corporations’ attempt to explore in this field.
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BRYANT, BRIAN. "Consultants with Military Background." International Oil Spill Conference Proceedings 2017, no. 1 (May 1, 2017): 2017082. http://dx.doi.org/10.7901/2169-3358-2017.1.000082.
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The smallest of the nation's uniformed armed services, the United States Coast Guard's basic missions relate to maritime safety, mobility, and security; national defense, and natural resources protection. It is responsible for enforcement of maritime laws and marine environmental pollution response. The Coast Guard offers many career opportunities for enlisted personnel, including Marine Science Technician (MST). MSTs conduct marine-safety activities such as investigating pollution incidents and monitoring pollution clean-ups. Possible scientific duties include responding to oil and hazardous-materials spills, observing and forecasting weather. An increasing number of civilian employers are becoming more aware of the unique strengths former military personnel can bring with them to a consultant position. A consultant is someone who has expertise in a specific area or areas and offers unbiased opinions and advice for a fee. There are many reasons why the private and public sector need consultants for problem solving. One very important reason; Government regulatory compliance. Government regulations at all levels are constantly changing, and companies are frequently not prepared or trained to comply. Consultants may be retained to provide expertise to assist a company in complying economically, efficiently, and with the least amount of trauma to the organization. They can also be hired to provide in-house training to keep staff informed of new management and supervisory techniques or technical knowledge and to improve employee safety. Successful consultants often possess certain attributes. They can be identified with good physical and mental health, professional etiquette and courtesy, stability of behavior and self-confident. In addition to these skills, here are two military-related attributes that most companies find attractive and will help any organization simplify the task at hand. Loyalty to the Team. Military personnel bring with them an intrinsic understanding of how loyalty adds to team proficiency and builds trust in a work environment. For business leaders looking to make an improvement in their company, military personnel often outperform other candidates as proven team players, as demonstrated by hard work, motivation, and dedication. Reliable Work Ethic. Knowing the importance of adhering to a schedule and consistently performing well at work demonstrates professional maturity. One of the most difficult challenges to hiring professionals is being able to accurately judge candidates in these areas. Through service, training, and lifestyle, former military personnel will typically have the work ethic that any business owner would be thrilled to replicate in all of the organization's employees.
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Krahmann, Elke. "From performance to performativity: The legitimization of US security contracting and its consequences." Security Dialogue 48, no. 6 (October 25, 2017): 541–59. http://dx.doi.org/10.1177/0967010617722650.
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Discussions about the legitimacy of private security companies (PSCs) in multilateral military interventions abound. This article looks at how the United States has sought to legitimize the outsourcing of security services to PSCs through performance-based contracting and performance assessments. Both mechanisms aim to demonstrate the effective provision of publicly desirable outcomes. However, the immaterial and socially constructed nature of security presents major problems for performance assessments in terms of observable and measurable outcomes. Performance has therefore given way to performativity – that is, the repetitive enactment of particular forms of behaviour and capabilities that are simply equated with security as an outcome. The implications of this development for the ways in which security has been conceptualized, implemented and experienced within US interventions have been profound. Ironically, the concern with performance has not encouraged PSCs to pay increased attention to their impacts on security environments and civilian populations, but has fostered a preoccupation with activities and measurable capabilities that can be easily assessed by government auditors.
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Deriglazova, L. V. "Victories and Losses of the USA and Russia in Asymmetric Conflicts at 21st Century." Journal of International Analytics 13, no. 2 (June 27, 2022): 23–42. http://dx.doi.org/10.46272/2587-8476-2022-13-2-23-42.
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The article discusses the features of armed confl icts at the beginning of the 21st century through the prism of the theory of asymmetric confl ict. Within the framework of the theory, basic and accompanying asymmetries are distinguished, which determine the reasons for the political, rather than military, defeat of developed countries in wars against relatively weak opponents. At the beginning of the 21st century most of the armed confl icts have pronounced signs of multiple asymmetries that aff ect the course and outcome of confl icts. On the basis of the theory, several important aspects can be distinguished that should be taken into account by the military and politicians when planning and conducting military operations. Among them: the legitimacy of military operations from the point of view of international law, neutralization of anti-war sentiments, minimization of losses of military personnel, ensuring the safety of the population in the war zone. Foreign analytics is characterized by a focus on the reasons for the failures of the United States and other Western states in military operations in Afghanistan, Iraq, Libya, and Syria. Among the reasons for the failures are a lack of understanding of the culture and characteristics of the countries where hostilities are conducted, the regime of occupation, and attempts at nation-building. Some foreign experts note that the Russian Federation is much more successful in participating in asymmetric confl icts of the 21st century. Among Russian military experts, there is a noticeable interest in developing an “asymmetric war” strategy in the framework of the geopolitical confrontation with the countries of the West. The tendency to develop non-contact methods of warfare and the involvement of private military companies to neutralize anti-war sentiments and minimize losses of military personnel has a universal character. At the same time, the problem of non-selectivity of such methods of warfare and their compliance with international law is becoming more and more acute. The theory of asymmetric confl ict is a theory of international relations, which main assumptions are are useful for politicians and the military to take into account in the process of deciding on the start of hostilities and the possibility of achieving political goals by military means, and not just for fi nding victorious strategies in asymmetric confl icts.
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Kuznetsov, E. A. "The Role of the Commercial Space Industry within the US National Security under the Trump Administration." Moscow University Bulletin of World Politics 13, no. 1 (April 7, 2021): 85–119. http://dx.doi.org/10.48015/2076-7404-2021-13-1-85-119.
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The US space activities from their inception have been closely connected with the private sector. However, only in 2010s private space companies have come to play a prominent role not only on the global market of space services but in the field of international security as well. At the same time, this trend towards commercialization of outer space use and the growing role of the private space sector in ensuring national security is still understudied. This paper aims to partially fill this gap by assessing approaches to these issues adopted by the administration of D. Trump. In the first section the author notes that both conceptual and legal frameworks of private space activities lack clarity and proposes an operational definition of the phenomenon. The second section provides a brief overview of the key strategic policy documents of the Trump’s administration including those on commercial use of space in general and its implications for the US national security in particular. The third section identifies the trend towards the institutionalization of the US Space Forces as one of the priorities of the Trump’s administration military policy. The fourth section thoroughly examines key forms and areas of the public–private partnership in commercial use of space, including launch services, communication services, intelligence gathering, as well as production and maintenance of satellites. Finally, the fifth section assesses the prospects for private space activities given the current tightness of the space services market and growing competition. The author concludes that private space plays a subsidiary role within the US national security and is still heavily dependent on state support. Nevertheless, the scope of public–private cooperation is expanding and the models of interaction are changing. The Trump’s administration has contributed to the development of the industry through liberalization of regulations and involvement of private sector in the new large-scale projects, such as the Artemis program. The other important outcome of the space policy of the 45th President of the United States is anchoring of private space activities in the US national security strategy documents.
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Mikheev, V., and S. Lukonin. "Beijing's Pain Points – 2 (Glance from mid-2020)." World Economy and International Relations 65, no. 1 (2021): 70–81. http://dx.doi.org/10.20542/0131-2227-2021-65-1-70-81.
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In China, the topics of pandemic and economic recovery gradually lose their importance and give place to another deterioration in U.S.–China relations due to pressure from the United States on Hong Kong, Xinjiang Uygur Autonomous region, and the insufficient, according to the American side, pace of implementation of China’s first phase of commercial transactions with the United States. Beijing takes Washington’s threats to deprive Hong Kong of the status of a special customs territory in trade and economic cooperation with the U.S. quite seriously. However, Chinese experts note that the implementation of these threats will not lead to the collapse of the Hong Kong economy, since the most-favored-nation regime applies to about 5% of Hong Kong’s exports to the United States. At the same time, Beijing is trying to find an alternative to Hong Kong as a financial center in the face of Macao. However, the main characteristics of the Macao economy do not yet allow us to seriously talk about a full-fledged replacement, since most of the GDP of this special administrative region is formed by the gaming, tourism and restaurant industries. To a certain extent, the “position” of Hong Kong is claimed by Shanghai, but the extent of its claims is limited by the Chinese legal system, which is less flexible and liberal than that of Hong Kong. In May 2020, the so-called “Two sessions” were held in Beijing: the national Committee of the People’s Political Consultative Council of China (CPPCC) and the National People’s Congress (NPC). The latter presented a report on the government’s work in 2019 and the first quarters of 2020. The report contains the main guidelines and targets for the country’s socio-economic development for the current year, as well as a list of measures to support the economy in the so-called “post-crisis” period. Most of the mechanisms for stimulating growth are of a fiscal nature: the authorities do not want to inflate the amount of debt owed by public and private companies too much, and they go, first of all, for tax breaks. At the same time, the Central budget deficit is expected to increase to 3.6% due to reduced tax revenues because of quarantine measures and increased government spending to support consumer demand. At the same time, Beijing announced a reduction in spending by the central and provincial governments on “unimportant” and “non-priority items”: construction of buildings, business trips, celebrations, etc. The report on the government’s work reflected the desire of the Chinese leadership to accelerate the ongoing work on “launching” a new economic model of China’s development, aimed not at achieving high growth rates, but at quality indicators. For the first time, the NPC session did not specify the expected GDP growth rate in 2020. However, the main characteristics of this model have not yet been fully clarified. In the first approximation, it is a bet on the production of high-tech products, the implementation of traditional infrastructure projects within China and the expansion of domestic consumption – while maintaining the strategy of going outside in the format of the “Belt and Road” (or the “Silk Road Economic Belt”). The so-called “separation” of China and the United States in the financial and economic spheres, which is widely discussed in the world press, has not yet taken place. D. Trump’s “return of American business to the United States” is not yet perceived by the American private business itself, which is interested in expanding its presence in Chinese financial and other markets. China, for its part, by opening previously closed sectors of its economy is trying to provide new business opportunities to American companies in a “compromise” way, in contrast to military and political issues, where Beijing acts extremely harshly. In Russian-Chinese relations, there is still a trend to deepen strategic partnership in the military-political sphere and, if possible, in the economy – taking into account the negative consequences of the pandemic and adjusting for the scale of the Russian economy.
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Nefedov, Sergey. "On the formation of the phenomenon of the economic lag of Russia in the first half of the 19th century." St Petersburg University Journal of Economic Studies 37, no. 3 (2021): 489–509. http://dx.doi.org/10.21638/spbu05.2021.306.
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The article is devoted to the analysis of the reasons for Russia’s economic lagging behind during the Great Divergence. The author tests the well-known hypotheses that industrial development was hampered by the opposition of the nobility and the cheap labor of serfs. Upon closer examination, these assumptions are not confirmed. The economic lag was primarily due to the lag in railway construction, which in the 19th century was the main driver of the development of heavy industry. The article analyzes the policy in the field of railway construction during the reign of Emperor Nicholas I (1825–1855). It is shown that the formation of this policy took place in a conflict between the emperor and the ministerial bureaucracy, headed by the Minister of Finance, Count Kankrin. While Nicholas I was guided by military-strategic considerations, the ministers proceeded from economic interests. Economic calculations pointed to the unprofitability of railways compared to transportation by waterways. The technical conservatism of the bureaucracy did not allow adequately assessing the prospects for new technology and the possibility of reducing the cost of transportation in the future. The article analyzes the difference between economic policy in Russia and in England, the United States, France and Germany, which led to the lag of Russia. In the West (with the exception of France), economic policy developed spontaneously on the basis of private initiative. The Russian bureaucracy blocked private initiative, it sought to preserve the capital stored in state banks to finance the great power politic. On the other hand, the railroad “mania” in England was accompanied by a speculative boom and the ruin of many railroad companies. For the Russian bureaucracy, this was another argument in favor of refusing to attract private capital. Meanwhile, “mania” promoted the mobilization of capital from small shareholders for railway construction and spurred the development of industry. Another way of using controlled private initiative was possible, which was implemented in France in the “Legrand project”. But the Russian bureaucracy refused to use private initiative, which doomed the country to an economic lag.
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Spearin, Christopher. "Since you left: United Nations peace support, private military and security companies, and Canada." International Journal: Canada's Journal of Global Policy Analysis 73, no. 1 (March 2018): 68–84. http://dx.doi.org/10.1177/0020702017740158.
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In the late 1990s when Canada was largely removing itself from United Nations peace support endeavours, private military and security companies were heralded as likely replacements. Canada has indicated its desire to reengage in a United Nations peace support milieu in which there is now a private military and security presence. It is not the type of presence initially envisioned, but it is one with multiple impacts regarding training and operations. This article emphasizes the interventions in the first decade of the twenty-first century and the corresponding, defensively minded regulations that came about in the private military and security industry. The article reveals that commercial logics are now insinuated in United Nations peace support operations and the private military and security presence therein is indicative of a larger shift in United Nations activities towards insularity and protection.
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Gaiko, Oleg. "PRIVATE MILITARY COMPANIES AND THE “PRIVATIZATION” OF MILITARY CONFLICTS IN THE CONTEX OF THE DEMONOPOLIZATION OF THE STATE VIOLEN." Journal of V. N. Karazin Kharkov National University. Issues of Political Science, no. 40 (December 29, 2021): 58–65. http://dx.doi.org/10.26565/2220-8089-2021-40-07.
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The prerequisites for the emergence of private military companies and private security companies, the features of their functioning in the context of the demonopolization of state violence are considered. The influence of the establishment of a monopoly on the use of violence in the process of the formation of states of the modern type (states of the Modern era) is highlighted. In a historical retrospective, the reasons for the formation of a state monopoly on the use of violence, factors that contributed to the strengthening of royal power, led to the centralization of state power and the formation of depersonalized rational-bureaucratic state institutions are presented. The role of wars in the emergence of regular armies in the context of the formation of modern-type states is analyzed. The influence of the Cold War on the emergence of private military companies and low-intensity military companies is considered, structural prerequisites for the spread of private military companies both in developed countries and in developing countries are identified. The connection between the loss of the monopoly on the use of violence by states and the emergence of low-intensity wars is shown. The main reasons for the disappearance of high-intensity wars are analyzed. It is shown that the loss of a monopoly on the use of violence by states is not a constant, but is the result of the spread of low-intensity wars that arise due to the loss of advantages in waging high-intensity wars.
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Perrin, Benjamin. "Searching for Accountability: The Draft UN International Convention on the Regulation, Oversight, and Monitoring of Private Military and Security Companies." Canadian Yearbook of international Law/Annuaire canadien de droit international 47 (2010): 299–317. http://dx.doi.org/10.1017/s0069005800009899.
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SummaryThe proliferation of private military and security companies has attracted significant public and scholarly attention during the last decade. This comment examines the United Nations Draft International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies (Draft Convention). It discusses the significance of the Draft Convention and then describes the approach taken to the regulation of this controversial topic. Several problematic elements of the Draft Convention are identified including the definition of prohibited activities, State responsibility for the conduct of private military and security companies and the proposed International Criminal Court referral mechanism. Finally, specific policy recommendations are made for the government of Canada as a home state and contracting state of private military and security services, irrespective of the progress of negotiations on the Draft Convention.
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Pavych, A. V. "LEGAL REGULATION OF PRIVATE MILITARY AND SECURITY COMPANIES IN UNITED KINGDOM." Juridical scientific and electronic journal, no. 3 (2020): 148–51. http://dx.doi.org/10.32782/2524-0374/2020-3/35.
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van Klooster, Steven. "Conflict as Business." Proceedings of the International Association for Business and Society 31 (2020): 152–59. http://dx.doi.org/10.5840/iabsproc20203115.
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The state monopoly on violence is a core concept of modern public law, wherein only sovereign nation-states may lay claim to the legitimised usage of physical force. In recent years, however, this is commonly outsourced through Private Military Companies. Using Satz’s model and Weber’s definition of modern democracies, we argue that the market of Private Military Companies is a noxious one with severe ramifications in regards to democracy, freedom, and the autonomy of nation-states globally.
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Cottier, Michael. "Elements for contracting and regulating private security and military companies." International Review of the Red Cross 88, no. 863 (September 2006): 637–63. http://dx.doi.org/10.1017/s1816383107000756.
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AbstractKey issues raised by the use and operation of private military and security companies, particularly in conflict areas, are their accountability and how to control them. National regulation, however, is still rare. States have a role to play first as contractors. Considered selection, contracting and oversight procedures and standards may help promote respect for human rights and international humanitarian law by companies and their staff. Secondly, territorial and exporting states may consider adopting regulations to increase control and promote accountability. In view of this still largely unregulated phenomenon, this contribution considers elements of contracting and regulatory options.
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Han, Xiaoou (Jane), and Eric Hansen. "Marketing sophistication in private sawmilling companies in the United States." Canadian Journal of Forest Research 46, no. 2 (February 2016): 181–89. http://dx.doi.org/10.1139/cjfr-2015-0242.
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Recent research in the field of marketing documents a shift from a production–sales orientation to a customer–market–stakeholder orientation. However, there is no systematic investigation of marketing sophistication in firms. This study examines marketing sophistication in the context of private sawmilling companies in the United States using a case study approach. Specifically, marketing culture and marketing strategies in the companies are the focus of the study. Data were collected from 20 firms via personal interviews, website information, and field notes. Findings show that the studied companies do not have a holistic understanding of marketing and a production-oriented mentality still largely presents. An enhanced understanding of marketing would benefit the firms. However, it is also quite clear that many of the studied companies are starting to pursue an outward-looking, market-oriented approach to marketing.
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CAUIA, Alexandr, and Corina ZACON. "HISTORICAL EVOLUTION OF PRIVATE MILITARY AND SECURITY COMPANIES (PART I)." Administrarea Publica, no. 3(115) (October 2022): 39–45. http://dx.doi.org/10.52327/1813-8489.2022.3(115).04.
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From the earliest civilizations to the Middle Ages, in addition to the participation of mercenaries in hostilities, the presence of well-organized private structures that acted for material benefits, regardless of the nature and purpose of the armed conflict, can be highlighted. The Middle Ages are considered to be the period in which private structures made up of well-trained people reached their peak. Some states have built their own private military and security companies to meet their colonial claims. This article reflects on the historical evolution of the place and role of private structures in armed conflict, aiming at the complex analysis of this phenomenon.
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de Groot, Tom, and Salvador Santino F. Regilme. "Private Military and Security Companies and The Militarization of Humanitarianism." Journal of Developing Societies 38, no. 1 (December 25, 2021): 50–80. http://dx.doi.org/10.1177/0169796x211066874.
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The widespread use of private military and security companies (PMSCs) in United Nations peacebuilding missions often undermines the effectiveness of these missions. PMSCs tend to encourage, in unnecessary ways, what is called security risk management and promote the militarization of humanitarian efforts. They encourage humanitarian aid organizations to protect their personnel with barbed wire fences, security guards, armed convoys, and secure aid compounds, even if the security risks are relatively low. Consequently, these militarized humanitarian efforts heighten the perception of risks and intensify security measures, which create physical and psychological barriers between humanitarian aid personnel and the local communities in which they carry out their tasks. This situation undermines local ownership of peacebuilding efforts and makes them less responsive to the local communities involved in these efforts. This article provides a comparative analysis of the nature of this problem and its effects in the Global South.
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Gillard, Emanuela-Chiara. "Business goes to war: private military/security companies and international humanitarian law." International Review of the Red Cross 88, no. 863 (September 2006): 525–72. http://dx.doi.org/10.1017/s1816383107000768.
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AbstractRecent years have witnessed an increase in the number of private military and security companies (PMCs/PSCs) operating in situations of armed conflict, as well as a change in the nature of their activities, which are now increasingly close to the heart of military operations and which often put them in close proximity to persons protected by international humanitarian law. It is often asserted that there is a vacuum in the law when it comes to their operations. In situations of armed conflict, however, there is a body of law that regulates both the activities of the staff of PMCs/PSCs and the responsibilities of the states that hire them. Moreover, other states also have a role to play in promoting respect for international humanitarian law by such companies. This article examines the key legal issues raised by PMCs/PSCs operating in situations of armed conflict, including the status of the staff of these companies and their responsibilities under international humanitarian law; the responsibilities of the states that hire them; and those of the states in whose territory PMCs/PSCs are incorporated or operate.
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Nebolsina, M. A. "Private Military and Security Companies (PMSCs) in the Modern International Processes." Journal of International Analytics 13, no. 2 (June 28, 2022): 107–33. http://dx.doi.org/10.46272/2587-8476-2022-13-2-107-133.
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The period of rapid growth and development of the phenomenon, that is presently characterized as private military and security companies (PMSCs), coincided with the two processes of modern history of international relations: the end of the Cold War and the beginning of the U.S. Global War on Terror (GWOT) in Afghanistan. At the same time state attitude towards violence and transformation of warfare has been changing as well. Two diff erent approaches to the history of the private security market’ rise unveil the fact, that, in one way or another, the originators of the private security services were associated with the defense industry and armed forces. Non-state security actors look back on a history, that stretches to the middle and the second half of the 20th century – the period of national liberation movements across the world. Meanwhile, the 90-s of the 20th century marked the fast growth in the number of PMSCs and in the development and enlargement of the private security services’ market. Its growth is ongoing to date with gaining more new states that are interested in utilizing its capacity as an instrument of politics. Against the backdrop of the world political processes the private security market experienced technological growth and enhancement. Together with that, both the normative regulation and the approaches of the international community to the phenomenon of private military and security companies have been evolving and changing. Despite its functionality, fl exibility and technological advantages, the market of private security can challenge human rights as well as bare responsibility for the facts of corruption and improper fulfi llment of contractual obligations. Still the episodes of revealed grieve violations rarely reach courts, with infrequent cases of sentencing the perpetrators to punishment. These and other problems occurring in the private security industry require close attention by the states and international community, which has been making eff orts for elaboration of the applicable normative mechanisms to regulate private military and security activity for more than fi fteen years.
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TONKIN, HANNAH. "Common Article 1: A Minimum Yardstick for Regulating Private Military and Security Companies." Leiden Journal of International Law 22, no. 4 (October 28, 2009): 779–99. http://dx.doi.org/10.1017/s0922156509990227.
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AbstractTens of thousands of contractors work for private military and security companies (PMSCs) during armed conflict and occupation, often hired by states to perform activities that were once the exclusive domain of the armed forces. Many of the obligations and standards that guide states in regulating their armed forces are lacking in relation to PMSCs, raising concerns that states might simply outsource their military policy to PMSCs without taking adequate measures to promote compliance with international humanitarian law (IHL). This article argues that the universally applicable obligation ‘to ensure respect’ for IHL in Common Article 1 of the Geneva Conventions can provide a key mechanism for addressing these concerns.
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Sánchez, Mario Iván Urueña. "Private Military and Security Companies: The End of State Responsibility?" Mediterranean Journal of Social Sciences 10, no. 5 (September 1, 2019): 72–77. http://dx.doi.org/10.2478/mjss-2019-0068.
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Abstract The objective of this article is to observe the redefinition of state responsibility based on its interaction with Private Military Security Companies. The boom, consolidation and decline of these companies between the end of the Cold War era and the first decade of the 21st century pose a dilemma to international law regarding State responsibility towards security issues within its territory. The lack of effective international law mechanisms and the political agenda of the States are both limitations for preserving human dignity in institutional and humanitarian fragile contexts. Hence, an interdisciplinary approach must be considered in order to seek an alternative path to this dilemma. This research used empirical data and documental analysis to achieve this objective.
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Riley, Morgan. "The Use of Private Force by the United Nations to Coercively Prevent or Halt Gross Violations of the ‘Responsibility to Protect’ Doctrine." Global Responsibility to Protect 5, no. 2 (2013): 215–32. http://dx.doi.org/10.1163/1875984x-00502005.
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The United Nations’ ability to coercively intervene to prevent or stop gross violations of the Responsibility to Protect doctrine is weakened by its reliance on ad hoc mechanisms to secure troops. Although controversial, the deployment of private force to intervene in such circumstances is not prohibited by extant international law and may provide a pragmatic solution. Developing international legal norms can be interpreted to allow the United Nations to employ Private Military and Security Companies to protect vulnerable populations. Existing standards and guidelines for more conventional operations could be used to construct a robust framework of accountability for the United Nations, the corporations and their personnel. In turn, this could lead to the de facto international regulation of much of the global private military and security industry.
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Perrin, Benjamin. "Promoting compliance of private security and military companies with international humanitarian law." International Review of the Red Cross 88, no. 863 (September 2006): 613–36. http://dx.doi.org/10.1017/s1816383106000713.
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AbstractPrivate security and military companies have become a ubiquitous part of modern armed conflict and post-conflict reconstruction. Their diverse clients include governments in the developed and developing world alike, non-state belligerents, international corporations, non-governmental organizations, the United Nations, and private individuals. The implications of this proliferation of private security and military companies for international humanitarian law and human rights are only beginning to be appreciated, as potential violations and misconduct by their employees have come to light in Iraq and Afghanistan. The author critically examines the theoretical risks posed by private military and security company activity with respect to violations of international humanitarian law and human rights, together with the incentives that these companies have to comply with those norms. Empirical evidence is also presented to expand on this theoretical framework. Taking a multidisciplinary approach, the author draws on law, international relations theory, criminology, economics, corporate strategy and political economy, as well as psychology and sociology, to analyse the competing “risk-factors” and “compliance levers” that interact at each level of private military and security company activity to enhance or reduce the likelihood of a violation occurring. These findings are then applied by the author to assess emergent measures to deal with private security and military companies outside the legal sphere, including a programme of the International Committee of the Red Cross and the advent of the International Peace Operations Association.
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Pingeot, Lou. "The United Nations Guidelines on the Use of Armed Private Security." International Community Law Review 16, no. 4 (October 24, 2014): 461–74. http://dx.doi.org/10.1163/18719732-12341290.
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The un is increasingly relying on private military and security companies (pmscs) for a wide range of services. Until recently, un use of pmscs was not governed by systemwide rules and standards. The establishment of guidelines on the use of armed private security in late 2012 has led to greater accountability and transparency around this practice. The guidelines clarify the decision-making process and the criteria for the selection and hiring of companies providing armed security. However, they are overly reliant on self-regulation by pmscs and remain limited, raising questions about their capacity to avoid companies with objectionable records and prevent potential incidents. Moreover, the guidelines raise concerns that the use of pmscs by the un may become normalised, with yet unexamined effects on the organisation’s security policies and its image.
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Buriakovska, Kateryna. "Human Rights Obligations of Private Security and Military Companies: A Review of the Current Legal Framework and Practices." Philosophy of law and general theory of law, no. 1 (December 21, 2021): 262–78. http://dx.doi.org/10.21564/2707-7039.1.247620.
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The rapid growth in demand for private military and security services among states,international organizations and non-state actors has turned this activity into a powerful industry withmillions of people who perform – on a contractual basis and in exchange for monetary rewards – actions,which, however, often pose risks to the rights of others, local communities and nations around theworld. The author explains the urgency of the article by high-profile cases of possible participationof private military companies in the events of the occupation of Crimea and the armed conflict inDonbas, initiation of new legislation on military consulting in Ukraine and, at the same time, by themodest attention of Ukrainian jurisprudence to human rights obligations of companies providingsecurity services as non-governmental entities. The author examines the evolution of some approaches to the international legal regulation of private military and security activities and their compliance with modern approaches to humanrights. The author analyzes the features of corporate responsibility in the field of human rights ofprivate military and security companies, the content of which is embodied in the InternationalCode of Conduct for Private Security Providers (ICoC). The analysis compares the approaches ofthe International Code of Conduct for Private Security Providers and the UN Guiding Principleson Business and Human Rights.
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Karska, Elzbieta. "Human rights violations committed by private military and security companies: an international law analysis." Espaço Jurídico Journal of Law [EJJL] 17, no. 3 (December 20, 2016): 753–66. http://dx.doi.org/10.18593/ejjl.v17i3.12377.
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Abstract: This paper is devoted to the growing phenomenon of the private military and security industry with respect to human rights obligations. In the first part, it will analyze the concept of a private security company, which is not clear in national regulations and has few relevant provisions in international conventions. The second part will contain a short description of examples of human rights violations committed by private military and security companies, or with their participation, during service delivery or other forms of activity. The third part of this paper discusses possible methods of responsibility enforcement, with respect to the transnational character of many private security companies involved in human rights violations worldwide. One of the most important elements of the discussion in international community should focus on binding international instrument, preferably a convention, which would be able to establish at least very elementary rules for states and international organizations, responsible for using private military and security companies. The international community has witnessed a lot of initiatives from non-governmental entities, also model laws and self-regulations of the private security industry, but still the real problem has not even been reduced. The number of human rights violations has grown.
Keywords: Human rights. Private security companies. Liability.
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Petersohn, Ulrich. "Private Military and Security Companies (PMSCs), Military Effectiveness, and Conflict Severity in Weak States, 1990–2007." Journal of Conflict Resolution 61, no. 5 (August 23, 2015): 1046–72. http://dx.doi.org/10.1177/0022002715600758.
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For more than two decades, private military and security companies (PMSCs) have become increasingly involved in armed conflicts. A common view is that PMSCs are menaces who simply take economic advantage of—and thereby aggravate—already bad situations. Yet, empirical research has rarely investigated these claims or the impact of commercial actors’ selling force-related services. This article investigates how PMSCs impact the severity of armed conflict in weak states and advances the argument that PMSC services increase the client’s military effectiveness. In turn, increased military effectiveness translates into increased conflict severity, the extent of which depends on type of service provided by the PMSC, the level of competition on the market, and oversight.
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Clive, Walker, and Whyte Dave. "CONTRACTING OUT WAR?: PRIVATE MILITARY COMPANIES, LAW AND REGULATION IN THE UNITED KINGDOM." International and Comparative Law Quarterly 54, no. 3 (July 2005): 651–89. http://dx.doi.org/10.1093/iclq/lei021.
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It was Robert Nozick who, distinguishing the classical liberal ‘night-watchman State’ which protected citizens against violence and enforced contracts on their behalf, conjured instead the ‘ultra-minimal State’1in which the task of the State is confined to the monopolization of violence rather than the actual provision of security (unless paid for by citizens by choice). On the face of it, it seems that Western governments are increasingly keen to move towards this model of the ultra-minimal State and to allow even the provision of force to be assumed by private enterprise on a contractual model in which the rich or the desperate may choose to avail themselves of fortifications at the going rate while the rest take their chances in life. The ultra-minimal State is left with a residual steering2policy role in which the parameters of contractual engagement for protection can be set. In short, it appears that nothing is sacrosanct in the onward march of the principles of neo-liberalism. Even the ultimate bastions of establishment—Her Majesty's armed forces—are not immune from processes of commodification and marketization that have previously been applied to core functions such as policing3and imprisonment.4
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Ettinger, Aaron. "Private Military and Security Companies and States: A Force Divided, by Christopher Spearin." International Journal: Canada's Journal of Global Policy Analysis 73, no. 2 (June 2018): 331–33. http://dx.doi.org/10.1177/0020702018782977.
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Marks, Suzanne M., Rachel Yelk Woodruff, Kwame Owusu-Edusei, Garrett R. Beeler Asay, and Andrew N. Hill. "Estimates of Testing for Latent Tuberculosis Infection and Cost, United States, 2013." Public Health Reports 134, no. 5 (July 24, 2019): 522–27. http://dx.doi.org/10.1177/0033354919862688.
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Objectives: Tracking trends in the testing of latent tuberculosis infection (LTBI) can help measure tuberculosis elimination efforts in the United States. The objectives of this study were to estimate (1) the annual number of persons tested for LTBI and the number of LTBI tests conducted, by type of test and by public, private, and military sectors, and (2) the cost of LTBI testing in the United States. Methods: We searched the biomedical literature for published data on private-sector and military LTBI testing in 2013, and we used back-calculation to estimate public-sector LTBI testing. To estimate costs, we applied Medicare-allowable reimbursements in 2013 by test type. Results: We estimated an average (low-high) 13.3 million (11.3-15.4 million) persons tested for LTBI and 15.3 million (12.9-17.7 million) LTBI tests, of which 13.2 million (11.1-15.3 million) were tuberculin skin tests and 2.1 million (1.8-2.4 million) were interferon-γ release assays (IGRAs). Eighty percent of persons tested were in the public sector, 18% were in the private sector, and 2% were in the military. Costs of LTBI tests and of chest radiography totaled $314 million (range, $256 million to $403 million). Conclusions: To achieve tuberculosis elimination, millions more persons will need to be tested in all sectors. By targeting testing to only those at high risk of tuberculosis and by using more specific IGRA tests, the incidence of tuberculosis in the United States can be reduced and resources can be more efficiently used.
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Pollard, Michael R. "Pharmaceutical Innovation in the United States: Factors Affecting Future Performance." International Journal of Technology Assessment in Health Care 9, no. 2 (1993): 167–73. http://dx.doi.org/10.1017/s0266462300004402.
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AbstractFueled by high returns on its investments, the pharmaceutical industry in the United States has flourished for the past 50 years. The regulatory strategy of demanding stringent testing then allowing market-based pricing has allowed private companies to fund ambitious research and development activities with the assurance that these investments will be recovered. However, aggressive managed-care cost-containment strategies threaten the companies' ability to recoup research and development expenses and may affect their willingness to invest in future innovative research.
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Bures, Oldrich, and Jeremy Meyer. "The Anti-Mercenary Norm and United Nations’ Use of Private Military and Security Companies." Global Governance 25, no. 1 (March 1, 2019): 77–99. http://dx.doi.org/10.1163/19426720-02501002.
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Abstract This article offers an analysis of the influence of the anti-mercenary norm on the United Nations’ use of services provided by private military and security companies (PMSCs). It follows a constructivist approach which focuses on violations of the anti-mercenary norm within the UN system and on the justifications and condemnations of these violations in official UN documents. The findings suggest that while the anti-mercenary norm is no longer puritanical, two key aspects of the norm—the lack of a proper cause and the lack of control—remain influential within the UN system. Although all parts of the UN system nowadays routinely use a wide variety of services of PMSCs and the UN Secretary-General officially sanctioned security outsourcing in 2011, the UN continues to insist that it is only using PMSCs as a last resort, when no other options are available. The continuing need to justify the use of PMSCs’ services suggests that this practice challenges both the long-established identity of the UN as a key anti-mercenary norm entrepreneur and its ontological security.