Regulating Private Military Companies : Conflicts of Law, History and Governance /: Conflicts of Law, History and Governance. (2019)

• Record Type: Book
• Further Information: Note: Katerina Galai.
• Authors: Galai, Katerina
• Contents: Table of Contents Introduction Introduction Conceptual framework Power and Legitimacy Identifying forms of governance Chapter Outline Chapter 1: Private Military Companies, a contemporary problem? Mercenaries, Contractors, Civilians Definition of Private Military Companies Challenges of the Definitions PMC Classification Regulation and accountability: who should be regulated and to what end? Regulation The Purpose of Regulation Accountability Conclusion Chapter 2: Private forces in different forms of governance: historical typologies Feudalism and Absolutism Professional Armies Italian City-Republics and Civilian Militia Civilian Militia as a Norm Against Mercenaries The French Revolution and the Nation-State La Levée en Masse The British Empire and the EIC The EIC and its Accession to Power The Army of the EIC Was the Army of the EIC Private or Public? Normative Approaches to Mercenaries Conclusion Chapter 3: Mercenaries of the Twentieth Century and State Responsibility The Rise of International Legal Norms Non-Intervention as an International Legal Norm Decolonisation and Proxy Warfare Decline of Non-Interventionism Mercenary Forces in the Congo and Angola International Legal Response to the Use of Irregular Forces Anti-Mercenary Norms The Nicaragua Case Conclusion Chapter 4: New Wars, Neoliberalism, and the Rise of PMCs New Wars and the Rise of PMCs Neoliberalism Accountability and State Control Governance and Governmentality Conclusion Chapter 5: Legal mechanisms and challenges in invoking individual and state responsibility for PMCs Between civilians and combatants: responsibility and impunity of private contractors Legitimacy of private contractors Status of a non-combatant Proximity to conflict International dimension State as a client and the main actor in international law IHL and state responsibility for PMCs: Gaps in the ILC Articles on Attribution of Conduct States as PMC Clients and Limitations of Contract Law State-Centric Regulation Concerning PMCs Conclusion Chapter 6: The role of international regulation and the growing power and legitimacy of companies The Human Rights Regime: UN Guiding Principles, UN Resolution 26/9, UN Draft Convention UN Draft Convention Industry-Focus Regulation: the ICoC, the Montreux Document and Other Industry Bodies Corporation as a form of governance Conclusion Chapter 7: Limitations and opportunities arising from the corporate status of PMCs: domestic and transnational procedure for invoking corporate responsibility Procedural Obstacles Territorial Limitations & Examples of Domestic Jurisdiction on PMCs Civil procedure in establishing corporate accountability in tort law (Establishing) Corporate responsibility for international crimes Conclusion Chapter 8: Exploring the mechanisms of international criminal law to develop corporate accountability for PMCs International criminal law and possible lineages of corporate responsibility Limitations of international criminal legal procedure Lessons from addressing international crimes through ICL and possible lineages of international criminal responsibility Universal Jurisdiction and Piracy War Crimes and Crimes Against Humanity Considerations and opportunities for future regulation Criminalising Mercenarism Include Corporations (or at least PMCs) in the Jurisdiction of the Rome Statute ‘Pairing’ ICL to Domestic Legal Systems Employing Transnational Law to Construct Corporate Criminal Responsibility Conclusion Index
• Edition: 1st
• Publisher Details: Routledge
• Publication Date: 2019
• Extent: 1 online resource (210 pages)
• Languages: English
• ISBNs: 9780429879968; 0429879962
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.