The Privatization of Warfare and Inherently Governmental Functions

The Privatization of Warfare and Inherently Governmental Functions
Author: Nicolai Due-Gundersen
Publisher:
Total Pages: 0
Release: 2016
Genre: Iraq War, 2003-2011
ISBN: 9781780683799

While many texts focus only on existing or proposed legislation, this book analyses the public perception of private military companies (PMCs) and how their use by states affects how the general public perceives state legitimacy of monopolizing force. Subject: Politics, Military Studies]

Outsourcing Sovereignty

Outsourcing Sovereignty
Author: Paul R. Verkuil
Publisher: Cambridge University Press
Total Pages: 248
Release: 2007-12-19
Genre: Political Science
ISBN: 0511346360

Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.

State Responsibility and New Trends in the Privatization of Warfare

State Responsibility and New Trends in the Privatization of Warfare
Author: Frauke Renz
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2020-03-28
Genre: Law
ISBN: 1789909376

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.

Inherently Governmental Functions and Department of Defense Operations

Inherently Governmental Functions and Department of Defense Operations
Author: John R. Luckey
Publisher: DIANE Publishing
Total Pages: 60
Release: 2010
Genre: Technology & Engineering
ISBN: 1437918859

An ¿inherently governmental function¿ is one that, as a matter of law and policy, must be performed by fed. gov¿t. employees and cannot be contracted out because it is ¿intimately related to the public interest.¿ This report provides background, issues, and options for Congress on defining inherently governmental functions within the context of U.S. Dept. of Defense (DoD) operations. The report focuses upon DoD because of the specific functions that it performs; its prominent role in fed. contracting; its unique workforce, which consists of military and civilian personnel; and recent allegations that DoD, among other agencies, has improperly contracted out inherently governmental functions. Charts and tables.

Government by Contract

Government by Contract
Author: Jody Freeman
Publisher: Harvard University Press
Total Pages: 550
Release: 2009-02-28
Genre: Business & Economics
ISBN: 9780674032088

The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.

Privatizing War

Privatizing War
Author: Lindsey Cameron
Publisher: Cambridge University Press
Total Pages: 757
Release: 2013-03-07
Genre: Law
ISBN: 1107328683

A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.

The Privatization of Warfare and Inherently Governmental Functions

The Privatization of Warfare and Inherently Governmental Functions
Author: Nicolai Due-Gundersen
Publisher:
Total Pages: 210
Release: 2016
Genre: Iraq War, 2003-2011
ISBN: 9781780687414

"Since the 2003 U.S. led invasion of Iraq, the private military sector has seen the largest growth of profit for decades. As Iraq continues to be the focal point of private military clients, staff and related actors, the recurring issue of legitimacy must be addressed. While many texts focus only on existing or proposed legislation, this book analyses the public perception of private military companies (PMCs) and, of wider significance, how their use by states affects how the general public perceives state legitimacy of monopolizing force. Furthermore, this book provides a timely overview of how the energy sector and PMCs are challenging the established sovereignty of politically fragmented oil states, illustrating how energy firms may become as culpable as states in their partnerships with the private military sector and subsequent political ramifications"--Back cover.

Contracting Out to Private Military and Security Companies

Contracting Out to Private Military and Security Companies
Author: Nikolaos Tzifakis
Publisher: Wilfried Martens Centre for European Studies
Total Pages: 78
Release: 2012-04-29
Genre: Political Science
ISBN: 2930632186

PDF can be downloaded for free from: http://martenscentre.eu/publications/contracting-out-private-military-and-security-companies The global trend for contracting out the supply of military and security services is growing. Security is being transformed from a service for the public or common good into a privately provided service. This paper argues that the implications of outsourcing security services to private agencies are neither a positive nor negative phenomenon. However, proper regulation of private military and security services is important. The author recommends that states should determine their 'inherently governmental functions' and keep these functions out of the market's reach.

War by Contract

War by Contract
Author: Francesco Francioni
Publisher: Oxford University Press, USA
Total Pages: 578
Release: 2011-01-13
Genre: History
ISBN: 019960455X

The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.