The use and regulation of private military companies

Galai, Katerina (2017) The use and regulation of private military companies. Doctoral thesis (PhD), University of Sussex.

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Abstract

My research investigates the use and regulation of private military companies (PMCs) in international law. This legal research adopts a critical method of historical sociology to accommodate changing modes of governance. By exploring historical patterns of the use of private force I analyse the effectiveness and applicability of contemporary attempts to regulate PMCs.
There are numerous overlapping forms of regulation that attempt to govern PMC conduct. The key gap, identified by analysing relevant bodies of international and domestic law, is the lack of a corporate liability mechanism strong enough to tackle grave international crimes committed by PMCs and the challenges posed by the corporate veil.
By assessing the prevailing form of governance and the role that private security plays in state policy, it becomes clear that states are the main PMC clients who rely on companies for providing security services. Meanwhile the industry treats military activity just like any other commodity that can be self-regulated by the free market. In order to close the gap of PMC impunity, an international legal response is required that can target PMCs as companies and to invoke criminal corporate responsibility.
This is why I develop a corporate criminal responsibility approach that has the potential of addressing the legal gap in PMC regulation. I argue that due to the military nature of their activity, PMCs are different to other companies as they took on a portion of state functions that requires a proportionate legal response in terms of responsibility.
Transnational nature of PMC activity signals the need for these companies to be recognised as actors on the international level and acquire international legal personality. Finally, I explore the possibility of invoking criminal corporate responsibility through international criminal law as it offers the most tailored approach of regulating a changing governance.

Item Type: Thesis (Doctoral)
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > KZ Law of Nations > KZ6350 Enforced settlement of international disputes > KZ6378 Law of war and neutrality. Jus belli
U Military Science > UB Military administration
Depositing User: Library Cataloguing
Date Deposited: 22 May 2017 15:33
Last Modified: 11 Jul 2019 13:35
URI: http://sro.sussex.ac.uk/id/eprint/68194

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