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Multilevel Regulation of Military and Security Contractors: The Interplay between International, European and Domestic Norms

Edited by: Christine Bakker, Mirko Sossai

ISBN13: 9781849462488
Published: February 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £130.00



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The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations.

Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs.

It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.

Subjects:
Public International Law
Contents:
Part I: General Overview
1. Regulatory Initiatives at the International Level Nigel D White
2. The Regulatory Context of Private Military and Security Contractors at the EU Level Guido den Dekker
3. The European Union and Private Military and Security Contractors: Existing Controls and Legal Bases for Further Regulation Marco Gestri
4. The Role of EU External Relations in Ensuring Compliance with Human Rights and Humanitarian Law by Private Contractors Mirko Sossai and Christine Bakker
5. A Comparative Overview of European and Extra-European National Regulation of Private Military and Security Services Ottavio Quirico

Part II: Existing Regulation and Case Law in EU Member States
6. The Baltic States 1 Ieva Miluna
7. Belgium Axelle Reiter
8. Czech Republic Petra Ochmannova
9. France Vanessa Capdevielle and Hamza Cherief
10. Germany Ralf Evertz
11. Italy Andrea Atteritano
12. The Netherlands Guido den Dekker
13. Spain Joana Abrisketa
14. Sweden Andreas Bergman
15. The United Kingdom Alexandra Bohm, Kerry Senior and Adam White

Part III: Options for Regulation: the Experience of Relevant Third States 16. United States: Law and Policy Governing Private Military Contractors after 9/11 Kristine Huskey and Scott Sullivan
17. Canada: Beyond the Law? The Regulation of Private Military and Security Companies Operating Abroad David Antonyshyn, Jan Grofe and Don Hubert
18. Colombia: Regulating Private Military and Security Companies in a 'Host State' Irene Cabrera and Antoine Perret
19. Israel: Going Private: The Use and Regulation of Private Military and Security Companies in Situations of Armed Conflict Yael Ronen
20. Russian Federation: Regulatory Tools Regarding Private Entities Performing Military and Security Services Signe Zaharova
21. South Africa: The Regulatory Context of Private Military and Security Services Faustin Z Ntoubandi
22. Australia: Regulating Private Military and Security Companies Tim McCormack and Rain Liivoja
Part IV: Challenges to the Regulation of Private Military and Security Companies
23. Jurisdictional Competence and Applicable Criminal Law with Regard to Private Military and Security Companies Ieva Miluna
24. Military Criminal Justice and Jurisdiction over Civilians: The First Lessons from Strasbourg Stefano Manacorda and Triestino Mariniello
25. The Regulation of Private Military and Security Companies: Tax Aspects Giuseppe Melis and Alessio Persiani Annex: Priv-War Recommendations for EU Regulatory Action in the Field of Private Military and Security Companies and their Services

Series: Hart Studies in International Law

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Transnational Corporations and Human Rights ISBN 9781841136530
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Biotechnology and International Law ISBN 9781841136318
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Enforcing International Law Norms Against Terrorism
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Regional Organisations and Development of Collective Security ISBN 9781841134802
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Enforcing International Law Norms Against Terrorism
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Hart Publishing
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The Permanent International Criminal Court ISBN 9781841132815
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Hart Publishing
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The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
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Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
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