From Mercenaries to Market

The Rise and Regulation of Private Military Companies

Oxford University Press, 2007

 

Edited by Simon Chesterman & Chia Lehnardt

 

 

Frequently characterized as either mercenaries in modern guise or the market’s response to a security vacuum, private military companies are commercial firms offering military services ranging from combat and military training and advice to logistical support. They play an increasingly important role in armed conflicts, UN peace operations, and providing security in unstable states.

 

Executive Outcomes turned around an orphaned conflict in Sierra Leone in the mid-1990s; Military Professional Resources Incorporated (MPRI) was instrumental in shifting the balance of power in the Balkans, enabling the Croatian military to defeat Serb forces and clear the way for the Dayton negotiations; in Iraq, estimates of the number of private contractors on the ground are in the tens of thousands. As they assume more responsibilities in conflict and post-conflict settings, their growing significance raises fundamental questions about their nature, their role in different regions and contexts, and their regulation.

 

This volume examines these issues with a focus on governance, in particular the interaction between regulation and market forces. It analyses the current legal framework and the needs and possibilities for regulation in the years ahead. The book as a whole is organized around four sets of questions, which are reflected in the four parts of the book. First, why and how is regulation of PMCs now a challenging issue? Secondly, how have problems leading to a call for regulation manifested in different regions and contexts? Third, what regulatory norms and institutions currently exist and how effective are they? And, fourth, what role has the market to play in regulation? 

 

 

Table of Contents:

 

Foreword — James O.C. Jonah

Introduction — Simon Chesterman & Chia Lehnardt (available online)

Part I: Concerns

1. Morality and regulation — Sarah Percy

2. What should and what should not be regulated? — Kevin A. O’Brien

3. Regulating the role of private military companies in shaping security and politics — Anna Leander

Part II: Challenges

4. Weak governments in search of strength: Africa’s experience of mercenaries and private military companies — Angela McIntyre & Taya Weiss

5. A government in search of cover: private military companies in Iraq — David Isenberg

6. Transitional states in search of support: PMCs and security sector reform — Elke Krahmann

Part 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

Part 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 & Sabrina Schulz

14. Conclusion: From mercenaries to market — Simon Chesterman & Chia Lehnardt

 

Select Bibliography

Index

 

 

 

Reviewed in

 

American Journal of International Law

 

British Journal of Criminology

 

Carnegie Reporter

 

Die Friedens-Warte (Journal of International Peace and Organization)

 

European Journal of International Law

 

International Journal of Legal Information

 

International Peacekeeping

 

International Spectator

 

Journal of Modern African Studies

 

Millennium: Journal of International Studies

 

Modern Law Review

 

New York University Journal of International Law and Politics

 

Perspectives on Politics

 

Survival

 

Verfassung und Recht in Ubersee

 

 

Purchase from

 

Oxford University Press in the United States

 

Oxford University Press in Britain

 

Oxford University Press in Australia

 

Amazon.com

 

Barnes & Noble

 

Collins Booksellers in Australia

 

 

Op-ed: Simon Chesterman, “The Dogs of War Can Keep the Peace”, International Herald Tribune, 13 August 2007.

 

www.SimonChesterman.com