Study On The National Responsibility Of Private Military And Security Company In Escorting

In recent years, the situation of pirate in the Red Sea and Gulf of Aden are rampant as never before in the history. The way protecting personnel and property security of merchant ships by warship is not as effective as before. More and more merchant ships choose to hire private security companies with armed escort. Private Military and Security Companies as a new armed forces, was developed from the initial Private Military Companies. Fully inherited the characteristics of motivated by profit, Private Military and Security Companies charges high fees to provide escort services to merchant ships. On one hand, Private Military and Security Companies has become a new force against piracy measures, but on the other hand, in the international laws there no specific regulatory legal documents or treaties of armed escort for such behavior. Therefore, this thesis started from the illegal acts of Private Military and Security Companies illegal acts, discuss whether the wrongdoings of Private Military and Security Companies should be attributed to the relevant countries or not, and the responsibilities relevant countries should take. Try to found the way to regulate the behaviors of Private Military and Security Companies and their employees.This thesis is studied about three questions:First of all, the thesis is overviewed about the legal entity of The Private Military and Security Companies, from the definition of the concept of Private Military and Security Companies to analyze its essential difference through the origin to the current situation and the difference between mercenaries. And the International treaties about mercenaries can not be used on the Private Military and Security Companies. Then analyze the legal status of Private Military and Security Companies home and abroad.Secondly, the thesis is analyzed the constituent elements of state responsibility. Analysis on the objective the wrongdoings can be attributed to the counties which belongs or not, and on the subjective which parts of those illegal behaviors can be attributed to the belonged countries, and the international commitments the counties should taken. Then determining when the subjective and objective constituent elements are true, the hiring state of Private Military and Security Companies, the nationality state of Private Military and Security Companies, are supposed to assume the corresponding responsibility of states for the wrongdoings. Finally, the thesis is analyzed mainly from the national responsibility of Private Military and Security Companies located country. Because the large percent of the countries which Private Military and Security Companies behavior activated are underdevelopment and lack of perfect legal systems. So there are some difficulties with the taken of the national responsibility for the problem. But this responsibility can not be ignored. Appealing the international community to puts more attentions on the legal problems of Private Military and Security Companies and their employee. Only a comprehensive legal regulation on the Private Military and Security Companies, can we effectively in the Private Military and Security Companies’ regulation constraints.