Private Military and Security Companies: A transnational legal approach.

In this chapter, we will argue that the development of bottom up transnational social responsibilities within the business sector constitutes a robust and workable alternative to the concept of legal accountability. First, we will provide and overview of the debates and policy initiatives on private military and security corporations in order to establish the discursive legal/political context. Secondly, we will discuss the concept of transnational law as it developed since Phillip Jessup popularized the idea 60 years ago.13 I will juxtapose the concept of a transnational legal space with the Benthamian conception of law14 being either national or international and argue that PMSCs are operating in a transnational business and security environment Thirdly, we will set out and examine the diversity of roles of the private military and security companies in order to map roles and activities against possible responsibility and accountability schemes. Fourthly, the concepts of international and transnational responsibility and accountability are reviewed in order to identify the linkages between international and transnational regulation, and determine areas of overlap and the need for clarification. Finally, we will formulate some conclusions and suggestions for understanding initiatives within the sector from a transnational legal perspective.