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War by ContractHuman Rights, Humanitarian Law, and Private Contractors$
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Francesco Francioni and Natalino Ronzitti

Print publication date: 2011

Print ISBN-13: 9780199604555

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199604555.001.0001

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

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

Chapter:
(p.343) 17 The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account
Source:
War by Contract
Author(s):

Sorcha MacLeod

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199604555.003.0018

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

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