Private Security, Public Order: Governance & Limits
AGENDA
THURSDAY, APRIL 3, 2008
8:30am Breakfast
9am Privatization and Public Order: Globalization and Privatization of Public Security Functions
What are some of the principal issues raised by the private parties engaging in “public functions”? What are the strengths and weaknesses of different regulatory approaches and the mechanisms — traditional and non-traditional, formal, and informal — that have been invoked to respond to this trend? What are the similarities and differences between the privatization of security and privatization of other public functions? Should questions of governance for the private military and security sectors be considered within the broader governance framework for multinational corporations? What functions have PMSCs have taken on in the context of UN peace missions?
Chair
Simon Chesterman, New York University School of Law and National University of Singapore
Private Parties, Public Functions: Issues in Global Security Governance
Michael Likosky, University of Wisconsin
Globalization and the Rise of the Private Military and Security Industry
Francoise Hampson, University of Essex
Privatizing Peace? The United Nations, Peacekeeping and PMSCs
Chia Lehnardt, Humboldt University
Discussant
Victoria DiDomenico, Center on International Cooperation
11am Coffee Break
11:15am Privatization and Contracting-Out of Public Functions: Lessons from Global Legal & Regulatory Regimes
What international legal and regulatory regimes govern the activities of multinational corporations? What are the strengths and weaknesses of such regimes? What lessons can be drawn from the international regimes for governance of PMSCs? What are the prospects for regulation of private actors by international humanitarian law? What roles do various stakeholders (state, private actors, affected populations, etc.) play in monitoring and enforcement of the humanitarian legal regimes? What roles have they played in efforts to adapt to the increase in private actors?
Chair
Philip Alston, New York University School of Law
International Regulatory Regimes Governing Multinational Corporations in the Security Sector
Olivier De Schutter, Catholic University of Louvain
International Humanitarian Law Governing Private Actors in Armed Conflicts
Gabor Rona, Human Rights First
Discussant
Angelina Fisher, New York University School of Law
12:45 Lunch
1:45 pm Privatizing Defense: Blackwater, Contractors, and American Security, hosted by the Center on Law and Security and co-sponsored by the IILJ
Lipton Hall, 110 West 3rd street
FRIDAY, APRIL 4, 2008
8:30am Breakfast
9am Privatization and Contracting-Out of Public Functions: Lessons from Industries
What issues or concerns have been raised by the privatization of the industry or sector? What are some of the common arrangements between the state and the service provider? What type of regime(s), if any, governs the private provision of services? Are there mechanisms to prevent abuses and ensure accountability? If so, how are they structured? What are the strengths and weaknesses of the regulatory regime(s)? What are the respective roles of various stakeholders (state, private providers, consumers, etc.)? What lessons can be drawn from the particular industry for governance of other private actors providing public services, in particular PMSCs?
Chair
Euan MacDonald, New York University School of Law
Privatization of Public Utilities: The Latin American Experience
Mariana Mota Prado, University of Toronto
Privatization of Correctional Facilities
Fred Aman, Suffolk University Law School
Discussant
Surabhi Ranganathan, New York University School of Law
10:30am Coffee Break
10:45am Public Order: Limits on Privatization of Security Services
What are the main issues raised by the privatization of security functions? What regulatory framework, if any, applies to the private security service providers? What are the strengths and weaknesses of such framework? What are the gaps? What are the implications of private policing and private security services for democracy? Should limitations be placed on the type of security services that the state can contract out to private parties? If so, what should be the decision-making process for setting out such limitations?
Chair
David Golove, New York University School of Law
Private Security Companies: the U.S. Experience
Laura Dickinson, University of Connecticut School of Law
Privatization of Internal Security and Law Enforcement
Jacqueline Ross, University of Illinois College of Law
Privatization of Intelligence Services
Simon Chesterman, New York University School of Law and National University of Singapore
Discussant
Karen Greenberg, New York University School of Law
12:45pm Lunch
1:30pm Policy Implications
Drawing on the preceding discussion, what limits, if any, should there be on government capacity to outsource traditionally public functions? Where such functions are privatized and private actors thereby undertake tasks that affect the fundamental rights of a population, what regulatory framework is most effective and realistic in protecting those rights? What are the prospects for regulating PMSCs in particular?
Chair
Simon Chesterman, New York University School of Law and National University of Singapore
Panelists
Erica Razook, Amnesty International
Daphne Barak-Erez, Tel Aviv University
Ryan Kelty, United States Military Academy
Discussant
Andy Michels, International Civilian Organization / European Union Special Representative - Pristina, Kosovo
