To legislate or not to legislate, that is the question
(2010) FKVK01 20101Department of Political Science
- Abstract (Swedish)
- This essay presents the contemporary research debate on if and how to regulate the use of PMSCs. Providing an extensive overview of the current arguments for and against the regulation of this market, this essay focuses specifically on the legal dimension of this question. Presenting arguments for and against new legislation in this area, the essay investigates the question of applicability of existing international conventions against mercenaries and the problem with classification of the PMSCs. Further, the essay attempts to provide an explanation for the current shape of the research debate. Confined to using the limited amount of international instruments and because of the extreme lack of transparency regarding the state use of PMSCs,... (More)
- This essay presents the contemporary research debate on if and how to regulate the use of PMSCs. Providing an extensive overview of the current arguments for and against the regulation of this market, this essay focuses specifically on the legal dimension of this question. Presenting arguments for and against new legislation in this area, the essay investigates the question of applicability of existing international conventions against mercenaries and the problem with classification of the PMSCs. Further, the essay attempts to provide an explanation for the current shape of the research debate. Confined to using the limited amount of international instruments and because of the extreme lack of transparency regarding the state use of PMSCs, it is a difficult subject to investigate. Since this area of research is fairly new, it has not yet developed a verifiable theoretical base. Instead, discussions focus primarily on if the current legislation is applicable to the corporate entities or the individual employees. In a very simplified analysis, two camps seem to be formed, with one side advocating that the current rules can be applied, while the other side regards new legislation as a necessity. Other debated topics include immunity and impunity for the PMSCs, the relevance of the debate of individual responsibility and applicability of the conventions against mercenaries and the reasons for the shape of the current debate regarding legislationg. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1609562
- author
- Nääf, Amanda LU
- supervisor
- organization
- alternative title
- a critical study of the contemporary legal debate on the Global Security Industry
- course
- FKVK01 20101
- year
- 2010
- type
- M2 - Bachelor Degree
- subject
- keywords
- PMSC, GSI and legislation
- language
- English
- id
- 1609562
- date added to LUP
- 2010-06-29 12:56:39
- date last changed
- 2015-12-14 13:34:37
@misc{1609562,
abstract = {{This essay presents the contemporary research debate on if and how to regulate the use of PMSCs. Providing an extensive overview of the current arguments for and against the regulation of this market, this essay focuses specifically on the legal dimension of this question. Presenting arguments for and against new legislation in this area, the essay investigates the question of applicability of existing international conventions against mercenaries and the problem with classification of the PMSCs. Further, the essay attempts to provide an explanation for the current shape of the research debate. Confined to using the limited amount of international instruments and because of the extreme lack of transparency regarding the state use of PMSCs, it is a difficult subject to investigate. Since this area of research is fairly new, it has not yet developed a verifiable theoretical base. Instead, discussions focus primarily on if the current legislation is applicable to the corporate entities or the individual employees. In a very simplified analysis, two camps seem to be formed, with one side advocating that the current rules can be applied, while the other side regards new legislation as a necessity. Other debated topics include immunity and impunity for the PMSCs, the relevance of the debate of individual responsibility and applicability of the conventions against mercenaries and the reasons for the shape of the current debate regarding legislationg.}},
author = {{Nääf, Amanda}},
language = {{eng}},
note = {{Student Paper}},
title = {{To legislate or not to legislate, that is the question}},
year = {{2010}},
}