State Responsibility And New Trends In The Privatization Of Warfare

Contracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime. Focussing on the Articles on State Responsibility (ASR) the author considers under which conditions states are, or should be, responsible for the acts of private contractors given new trends towards remote warfare involving drones and increasingly autonomous weapon systems. Rigorous academic research and case studies, combined with insights from numerous interviews with practitioners, serve to highlight the challenges to applying the ASR. These challenges range from the relativity of key concepts of attribution to the issue of when reliance on private contractors becomes a violation of the principle of distinction under International Humanitarian Law and also illustrate where the current state responsibility regime needs to be modified to adequately address evolutions in warfare. This astute and incisive book will prove a key resource for legal scholars and theorists with an interest in public international law, IHL and IHRL. Government officials, practitioners and think tanks engaged in compliance matters and new trends in warfare will also benefit from this work's pragmatic approach.

Contracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime.

General introduction -- Privitization of war and security : war is business and vice versa -- Existing legal framework of PMSC operation -- Legal status of PMSC employees -- State responsibility under the draft articles on state responsibility -- State responsibility for non-compliance with positive international law obligations -- Summary, overall conclusions, and final observations

The book concludes with an assessment of the complexities surrounding responses to security privatization - and an exploration of when, and whether, it should be promoted rather than prevented."--BOOK JACKET.

Migrant women stepping into ethnic catering; homeless men employed to take care of bees producing honey for sale; young people on the edge getting microcredit funding to start social businesses; or former criminals joining forces to create social and economic structures for an honest lifestyle. These initiatives capture the transformative power of social enterprise and might indicate how social enterprises have the potential to make a difference for people and societies. The Nordic countries represent an interesting case. Social enterprises and co-operatives played a significant part in paving the way for the Nordic solicaristic welfare state. As the welfare state grew, civil society organizations and co-operatives lost ground, to a certain extent. But in recent decades, the welfare state has been restructured and, simultaneously, the concepts social entrepreneurship and social enterprises have gained attention. The Nordic context, with extensive public welfare structures and a high degree of citizens’ participation in public affairs, might affect the emergence of social entrepreneurship and social enterprises.

This handbook provides a comprehensive, problem-driven and dynamic overview of the future of warfare. The volatilities and uncertainties of the global security environment raise timely and important questions about the future of humanity’s oldest occupation: war. This volume addresses these questions through a collection of cutting-edge contributions by leading scholars in the field. Its overall focus is prognostic rather than futuristic, highlighting discernible trends, key developments and themes without downplaying the lessons from the past. By making the past meet the present in order to envision the future, the handbook offers a diversified outlook on the future of warfare, which will be indispensable for researchers, students and military practitioners alike. The volume is divided into six thematic sections. Section I draws out general trends in the phenomenon of war and sketches the most significant developments, from the past to the present and into the future. Section II looks at the areas and domains which actively shape the future of warfare. Section III engages with the main theories and conceptions of warfare, capturing those attributes of contemporary conflicts which will most likely persist and determine the dynamics and directions of their transformations. The fourth section addresses differentiation and complexity in the domain of warfare, pointing to those factors which will exert a strong impact on the structure and properties of that domain. Section V focuses on technology as the principal trigger of changes and alterations in the essence of warfare. The final section draws on the general trends identified in Section I and sheds light on how those trends have manifested in specific local contexts. This section zooms in on particular geographies which are seen and anticipated as hotbeds where future warfare will most likely assume its shape and reveal its true colours. This book will be of great interest to students of strategic studies, defence studies, war and technology, and International Relations.