Regulating War: A Taxonomy in Global Administrative Law
Author: Richemond-Barak, Daphn
Source: European Journal of International Law, Volume 22, Number 4, November 2011 , pp. 1027-1069(43)
Publisher: Oxford University Press
Abstract:This article examines the intersection between the private security and military industry and the emerging framework of global administrative law (GAL). I explore in this article one aspect of this intersection, namely the use of GAL to create a taxonomy of the industrys regulatory schemes. The industry is characterized by a fragmented and decentralized regulatory framework, which has yet to be presented in a complete and orderly fashion. This article fills the gap by applying GALs methodology to the private security and military industry. Using the industry as a case study in GAL, I identify (1) international formal administration (the United Nations Working Group on Mercenaries); (2) distributed domestic administration (contract and domestic legislation); (3) hybrid modes of administration (multi-stakeholder initiatives); and (4) private modes of administration (industry associations and codes of conduct). By emphasizing but not limiting itself to hybrid and private modes of administration, this article describes what is an increasingly complex manifestation of global governance. Its purpose is to highlight GALs potential in understanding and contending with the growth of the private security and military industry.
Document Type: Research Article
Publication date: 2011-11-01
- The European Journal of International Law is firmly established as one of the world's leading journals in its field. With its distinctive combination of theoretical and practical approaches to the issues of international law, the journal offers readers a unique opportunity to stay in touch with the latest developments in this rapidly evolving area. Each issue of the EJIL provides a forum for the exploration of the conceptual and theoretical dimensions of international law as well as for up-to-date analysis of topical issues. Additionally, it is the only journal to provide systematic coverage of the relationship between international law and the law of the European Union and its Member States.