Between Complicity and Irrelevance? Industry Associations and the Challenge of Regulating Private Security Contractors

By Ranganathan, Surabhi | Georgetown Journal of International Law, Winter 2010 | Go to article overview
Save to active project

Between Complicity and Irrelevance? Industry Associations and the Challenge of Regulating Private Security Contractors


Ranganathan, Surabhi, Georgetown Journal of International Law


CONTENTS

INTRODUCTION
     The Neglect of Industry Associations in Academic and Policy
     Discussion
     The Preference for Formal Regulation
  I. AN OVERVIEW OF KEY INDUSTRY ASSOCIATIONS
       i. Formative Influences, Organizational Structures
          a) International Peace Operations Association
          b) Private Security Companies Association of Iraq
          c) British Association of Private Security Companies
      ii. Membership
     iii. Initiatives for Promoting Better Standards of Service
          a) Coercive Mechanisms
          b) Normative and Mimetic Mechanisms
          c) Cooperation with Other Initiatives
 II. INDUSTRY REGULATION IN CONTEXT
       i. Regulatory Claims
          a) "Private" Bodies
          b) Status of Private Governance Arrangements
      ii. Legitimacy and Accountability Concerns Arising from the
          Close Nexus between PMSCs and Industry Associations
          a) Bona Fide Consent and Insulation from the
             Interests of Particular Members
          b) Effectiveness and/or Continued Consent
          c) Accountability/Responsiveness to Justifiable
             Interests of Third Parties
     iii. Concerns Relating to the Nature of PMSC Services
          a) Human Rights Concerns of Populations in the
             Area of Operation of PMSCs
          b) Interests of Military Forces
          c) State Interests
          d) Potential for Conflict
          e) Comparing State and Industry Association
             Motivations to Regulate
      iv. Regulation by the State: Possibilities and Limits
          a) Adoption of Legal Rules
          b) Enforcement of Rules: The Blackwater Incident
III. CLAIMS TO LEGITIMACY, ACCOUNTABILITY AND EFFECTIVENESS
       i. A Few Preliminary Points
      ii. Legitimacy
          a) Availability of Information
          b) Organizational Structure
          c) Procedures Followed
     iii. Accountability
          a) Internal Accountability
          b) External Accountability
          c) External Accountability Through Market and
             Reputational Controls
          d) Accountability Driven by Systemic Forces
      iv. Effectiveness
          a) Some Advantages
          b) Some Positive Interventions to Promote Higher
             Standards of Operation among PMSCs
          c) Factors Determining the Success of Industry
             Associations' "Initiatives to Promote Standards of
             Service"
          d) Other Considerations
CONCLUSION

INTRODUCTION

The Neglect of Industry Associations in Academic and Policy Discussion

In discussing regulation of the private military and security industry, (1) scholars and policy advocates do not ignore the role of industry associations, but they do sideline them. The focus is on regulation by states, (2) or by an international office created by treaty, (3) or a combination of the two. (4) Such "formal" regulation is undeniably important. However, a preference for it is not irrational only insofar as it can be assumed that states and international offices are willing and able to effectively regulate PMSCs. This is often not the case. On several occasions states have shown themselves unwilling or unable (or both) to regulate PMSCs. An international office that can do so is far from being realized. On the other hand, several industry associations have come into being in the last few years, each with at least a partial mandate for regulation of PMSCs. It is surprising then that their regulatory potential has received little serious consideration. To date there does not exist a single analytical account of their activities. Little effort has been made to grapple with issues relating to the legitimacy of their regulatory claims, and the effectiveness and accountability of their regulatory activities. This paper aims to fill that gap.

In this paper, I examine the reasons for and against giving serious consideration to the regulatory function of industry associations and engage in a critical evaluation of their claims to legitimacy, accountability and effectiveness as regulatory bodies.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited article

Between Complicity and Irrelevance? Industry Associations and the Challenge of Regulating Private Security Contractors
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?