Regulating War: A Taxonomy in Global Administrative Law

European Journal of International Law, Vol. 22, p. 1027, 2011

43 Pages Posted: 10 Dec 2010 Last revised: 15 Oct 2013

See all articles by Daphné Richemond-Barak

Daphné Richemond-Barak

Interdisciplinary Center (IDC Herzliya) - Lauder School of Government, Diplomacy and Strategy

Date Written: February 20, 2012

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 industry’s 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 GAL’s 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 GAL’s potential in understanding and contending with the growth of the private security and military industry.

Keywords: Global administrative law, war, regulation, self-regulation, outsourcing, mercenaries

Suggested Citation

Richemond-Barak, Daphné, Regulating War: A Taxonomy in Global Administrative Law (February 20, 2012). European Journal of International Law, Vol. 22, p. 1027, 2011, Available at SSRN: https://ssrn.com/abstract=1723036

Daphné Richemond-Barak (Contact Author)

Interdisciplinary Center (IDC Herzliya) - Lauder School of Government, Diplomacy and Strategy ( email )

P.O. Box 167
Herzliya, 4610101
Israel

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