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The Resource The role of the inter-American system of human rights in the regulation of private military and security companies (PMSCs) in Latin America, Antoine Perret

The role of the inter-American system of human rights in the regulation of private military and security companies (PMSCs) in Latin America, Antoine Perret

Creator
Contributor
Summary
The use of private military and security companies (PMSCs) is a growing phenomenon in Latin America and the Caribbean, where complex situations are common. Even though the use of PMSCs is not per se problematic, the lack of an efficient international and national regulatory framework for PMSCs raises several concerns about the protection of human rights. This study aims first to analyze PMSCs' activites and regulation thereof in conditions in which there is a mix of several types of situation, such as armed conflict and criminal activities or post-disaster and post-conflict. This complexity challenges the identification of the law applicable<U+0127> �international humanitarian law or/and international human rights law<U+0127> �and, thus, challenges the enforcement of any adequate regulation for PMSCs. Three case studies<U+0127> � Colombia, Mexico, and Haiti<U+0127> �illustrate these issues. In Colombia, a non-international armed conflict has been ongoing for approximately fifty years alongside criminal activities linked to drug trafficking. In Mexico, the War on Drugs has escalated to a situation technically classifiable as an armed conflict. Finally, in Haiti, the situation evolved from an armed conflict (2004-2007), to a situation of peace with a high criminal rate before the earthquake (2007-2010), to a post-earthquake disaster situation in which criminality is rising but the intensity of the violence has not reached the level to be classified an armed conflict (2010-present). In order to implement international standards concerning PMSC regulation it is necessary to consider both bodies of law and force territorial states to assume their responsibilitities. Considering these elements I then argue that the Inter-American System of Human Rights can play a significant role in improving PMSCs' regulation in Latin America and the Caribbean thanks to is avant-gardiste features. Its jurisprudence on non-state actors coupled with its use of external sources to interpret the American Convention on Human Rights would allow the implementation of international norms, including international initiatives on PMSCs, in the region
Language
eng
Work
Publication
Extent
x, 325 pages
Note
Examining Board: Professor Francesco Francioni, European University Institute (Supervisor); Professor Nehal Butha, European University Institute; Professor Andrew Clapham, Graduate Institute of International and Development Studies; Professor Jorge E. Viñuales, University of Cambridge
Instance
Label
The role of the inter-American system of human rights in the regulation of private military and security companies (PMSCs) in Latin America
Title
The role of the inter-American system of human rights in the regulation of private military and security companies (PMSCs) in Latin America
Statement of responsibility
Antoine Perret
Creator
Contributor
Subject
Language
eng
Summary
The use of private military and security companies (PMSCs) is a growing phenomenon in Latin America and the Caribbean, where complex situations are common. Even though the use of PMSCs is not per se problematic, the lack of an efficient international and national regulatory framework for PMSCs raises several concerns about the protection of human rights. This study aims first to analyze PMSCs' activites and regulation thereof in conditions in which there is a mix of several types of situation, such as armed conflict and criminal activities or post-disaster and post-conflict. This complexity challenges the identification of the law applicable<U+0127> �international humanitarian law or/and international human rights law<U+0127> �and, thus, challenges the enforcement of any adequate regulation for PMSCs. Three case studies<U+0127> � Colombia, Mexico, and Haiti<U+0127> �illustrate these issues. In Colombia, a non-international armed conflict has been ongoing for approximately fifty years alongside criminal activities linked to drug trafficking. In Mexico, the War on Drugs has escalated to a situation technically classifiable as an armed conflict. Finally, in Haiti, the situation evolved from an armed conflict (2004-2007), to a situation of peace with a high criminal rate before the earthquake (2007-2010), to a post-earthquake disaster situation in which criminality is rising but the intensity of the violence has not reached the level to be classified an armed conflict (2010-present). In order to implement international standards concerning PMSC regulation it is necessary to consider both bodies of law and force territorial states to assume their responsibilitities. Considering these elements I then argue that the Inter-American System of Human Rights can play a significant role in improving PMSCs' regulation in Latin America and the Caribbean thanks to is avant-gardiste features. Its jurisprudence on non-state actors coupled with its use of external sources to interpret the American Convention on Human Rights would allow the implementation of international norms, including international initiatives on PMSCs, in the region
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Perret, Antoine
Date time place
Defence date: 8 December 2014
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2014.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • Inter-American Court of Human Rights
  • Human rights
  • Private military companies
  • Private security services
Label
The role of the inter-American system of human rights in the regulation of private military and security companies (PMSCs) in Latin America, Antoine Perret
Instantiates
Publication
Note
Examining Board: Professor Francesco Francioni, European University Institute (Supervisor); Professor Nehal Butha, European University Institute; Professor Andrew Clapham, Graduate Institute of International and Development Studies; Professor Jorge E. Viñuales, University of Cambridge
Bibliography note
Includes bibliographical references (pages 258-305)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb1762888x
Dimensions
30 cm.
Extent
x, 325 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)914479596
Label
The role of the inter-American system of human rights in the regulation of private military and security companies (PMSCs) in Latin America, Antoine Perret
Publication
Note
Examining Board: Professor Francesco Francioni, European University Institute (Supervisor); Professor Nehal Butha, European University Institute; Professor Andrew Clapham, Graduate Institute of International and Development Studies; Professor Jorge E. Viñuales, University of Cambridge
Bibliography note
Includes bibliographical references (pages 258-305)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb1762888x
Dimensions
30 cm.
Extent
x, 325 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)914479596

Subject

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