Chapter

The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account

Sorcha MacLeod

in War by Contract

Published in print January 2011 | ISBN: 9780199604555
Published online May 2011 | e-ISBN: 9780191725180 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199604555.003.0018
The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account

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This chapter considers the role of international regulatory initiatives in the sphere of business and human rights and corporate social responsibility in regulating private military and security companies (PMSCs). In particular, it analyses the effectiveness of the UN Global Compact and the OECD Guidelines for Multinational Enterprises and considers them within the context of the Protect, Respect and Remedy framework of the UN Secretary-General's Special Representative on business and human rights, John Ruggie. It concludes that while these initiatives possess some regulatory strengths, ultimately they are inadequate for ensuring effective PMSC accountability, due in particular to the lack of remedies available to those harmed by PMSC human rights violations. Furthermore, because of the lack of enforceability they lack any deterrent effect. A top-down–bottom-up, hybrid approach incorporating international and domestic regulation, as well as an effective, transparent, and enforceable remedy is proposed.

Keywords: international regulatory initiatives; regulation; social responsibility; John Ruggie; accountability

Chapter.  8909 words. 

Subjects: Public International Law

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