MacLeod, S. (2015) Private Security Companies and Shared Responsibility: The Turn to Multistakeholder Standard-Setting and Monitoring Through Self-Regulation-‘Plus'. Netherlands International Law Review, 62 (1). 119 - 140. ISSN 1741-6191
Abstract
The rapid and increasing outsourcing of security services by states to Private Security Companies (PSCs) in recent years and associated human rights violations have served as one of the catalysts for long overdue regulation of the global PSC industry. As part of an ‘empirical stocktaking’, this article focuses on current multistakeholder self-regulatory developments in relation to PSCs, in particular the International Code of Conduct for Private Security Providers and the PSC1 certification standard, and considers their likely impact on the responsibility of states in this area. What is clear is that the traditional conception of interna- tional responsibility is ineffectual when applied to PSCs because of its focus on the ex post facto responsibility of states for internationally wrongful acts. Furthermore, the fact that PSCs operate in high risk and complex environments and the fact that their clients are often non-state actors, means that an alternative prophylactic approach to responsibility for human rights violations by PSCs seems to be nec- essary. As it stands, however, the ‘self-regulation-plus’ approach adopted is not the definitive solution. While endeavouring to ensure that PSCs respect human rights, this approach may allow states to evade their own obligations to protect human rights.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © T.M.C. Asser Press 2015. This is an open access article, available under terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/3.0/) |
Keywords: | Private Security; Companies; Human rights; Regulation; Shared responsibility; Self-regulation; Auditing; Standard-setting |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 05 Feb 2016 12:13 |
Last Modified: | 05 Feb 2016 12:13 |
Published Version: | http://dx.doi.org/10.1007/s40802-015-0017-y |
Status: | Published |
Publisher: | Springer Verlag / T.M.C. Asser Press |
Refereed: | Yes |
Identification Number: | 10.1007/s40802-015-0017-y |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:87620 |