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Private actors are increasingly taking on roles traditionally arrogated to the state. Both in the industrialized North and the developing South, functions essential to external and internal security and to the satisfaction of basic human needs are routinely contracted out to non-state agents. In the area of privatization of security functions, attention by academics and policy makers tends to focus on the activities of private military and security companies, especially in the context of armed conflicts, and their impact on human rights and post-conflict stability and reconstruction. The first edited volume emerging from New York University School of Law's Institute for International Justice project on private military and security companies, From Mercenaries to Market: The Rise and Regulation of Private Military Companies broadened this debate to situate the private military phenomenon in the context of moves towards the regulation of activities through market and non-market mechanisms. Where that first volume looked at the emerging market for use of force, this second volume looks at the transformations in the nature of state authority. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, the book examines private military and security companies through the wider lens of private actors performing public functions. In the past two decades, the responsibilities delegated to such actors - especially but not only in the United States - have grown exponentially. The central question of this volume is whether there should be any limits on government capacity to outsource traditionally "public" functions. Can and should a government put out to private tender the fulfilment of military, intelligence, and prison services? Can and should it transfer control of utilities essential to life, such as the supply of water? This discussion incorporates numerous perspectives on regulatory and governance issues in the private provision of public functions, but focuses primarily on private actors offering services that impact the fundamental rights of the affected population.
Public functions are increasingly being outsourced to the private sector. This includes activities that impact on human rights and security. Drawing on insights from various disciplines, this book looks at the costs and benefits of privatization and at whether there are limits to this trend.
The book examines recent innovations and strategies employed by the private security industry, and discusses how the industry may be better equipped to deal effectively with crime than traditional public law enforcement agencies. This volume provides an overview of the functions of the private security industry, focusing on the industry's expanding role in the delivery of community law enforcement. For law enforcement agents in the public or private sector.
Public Safety and Security Administration addresses public safety and security from a holistic and visionary perspective. For the first time, safety and security organizations, as well as their administration, are brought together into an integrated work. The protection of persons and property involves many public agencies and priivate organizations. Entities from the criminal jutics system (law enforcement, courts, corrections) as well as the fire service, private security and hazardous materials all contribute to public safety and security. This book addresses these entities, as well as safety and security issues, from a holistic and visionary perspective. It addresses criminal and non-criminal safety and security concerns, provides an overview of each entity (component) of the system of public safety and security, presents an overview of the administration process involved in planning, organizing, managing and evaluating public safety and security organizations and describes collateral functions of investigations, documentation and report writing. Public safety and security organizations should not work in isolation. Rather, they should collaborate to protect persons and property. This book represents the first time all the public safety and security entities have been addressed in one text. Focuses on the theories, concepts, practices and problems related to the present and future of public safety and security Examines different strategies for problem solving which personnel working in the field may utilize Synthesizes college-level lectures prepared, presented, and updated by the author over the past twenty years
Private Security and the Law, Fourth Edition, is a unique resource that provides a comprehensive analysis of practices in the security industry as they relate to law, regulation, licensure, and constitutional questions of case and statutory authority. It is an authoritative, scholarly treatise that serves as a solid introduction for students regarding the legal and ethical standards that shape the industry. The book takes you step-by-step through the analysis of case law as it applies to situations commonly faced by security practitioners. It describes the legal requirements faced by security firms and emphasizes the liability problems common to security operations, including negligence and tortious liability, civil actions frequently litigated, and strategies to avoid legal actions that affect business efficiency. It also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that are likely to intensify in the future. New features of this edition include: a chapter on the legal implications of private contractors operating in war zones like Afghanistan; updated coverage of statutory authority, as well as state and federal processes of oversight and licensure; and special analysis of public-private cooperative relationships in law enforcement. A historical background helps readers understand the present by seeing the full context of recent developments. This book will appeal to: students in physical security, security management, and criminal justice programs in traditional and for-profit schools; security professionals; and those working in law enforcement. - Authoritative, scholarly treatise sheds light on this increasingly important area of the law - Historical background helps readers understand the present by seeing the full context of recent developments - National scope provides crucial parameters to security practitioners throughout the US - NEW TO THIS EDITION! A chapter on the legal implications of private contractors operating in war zones like Afghanistan, updated coverage of statutory authority, updated coverage of state and federal processes of oversight and licensure, special analysis of public-private cooperative relationships in law enforcement
This book explores the human rights consequences of the new mercenarism, as channeled through so-called private military and security companies (PMSCs), and offers an overview of the evolution and status quo of both non-legal (soft law and self-regulation) and legal initiatives seeking to limit them. It addresses various topics, including the impact of the presence of non-state actors on human security using the cases of Afghanistan and Syria; research on PMSCs’ impact on human rights in specific cases; the insufficiency and ineffectiveness of existing direct and indirect legal prohibitions on the use of mercenaries; various aspects of international human rights law and international humanitarian law related to the conduct of PMSCs; soft-law and self-regulation mechanisms; and the international minimum standard in general international law regarding the privatization, export, import, and contracting of PMSCs.
This study presents intriguing analysis of the impact of private security companies' practices upon the fields of security and politics in the Czech Republic. It situates cases concerning ABL, the biggest Czech private security company, in the larger social, political, legal and economic contexts of the booming private security business. This company's extensive linkages with Czech politics suggest that the continued absence of specific legislation for the regulation of private security companies' activities is due to too much, rather than too little, political interest in their activities. This is problematic, arguably, because the practices of private security companies have already contributed to a significant transformation of the Czech security field by enhancing the commodification and depoliticization of security, while ABL's use of security methods for political purposes and a business approach to politics have profoundly transformed the field of politics. Reflecting the growing interest in the privatization of security, this timely study unpacks the relationship between politics, business and security in the Czech Republic.
The trends, data, and battle-tested logic don't lie. A perfect storm of extremist ideologies is on the horizon that threatens to challenge the current state of public safety forcing police chiefs, public administrators, and security professionals to rethink their approach to policing the streets of America. Professor James Pastor, a recognized auth
Security Law and Methods examines suggested security methods designed to diminish or negate the consequence of crime and misconduct, and is an attempt to understand both the legal exposures related to crime and the security methods designed to prevent crime. The clear and concise writing of this groundbreaking work, as well as its insightful analysis of specific cases, explains crime prevention methods in light of legal and security principles. Divided into five parts, Security Law and Methods discusses the topics of premises liability and negligence, intentional torts and claims, agency and contract based claims, legal authority and liability, and the subject of terrorism. It also offers an evocative look at security issues that may arise in the future. The book serves as a comprehensive and insightful treatment of security, and is an invaluable addition to the current literature on security and the law. - Contains clear explanations of complicated legal concepts - Includes case excerpts, summaries, and discussion questions - Suggests additional research and relevant cases for further study