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Outsourcing in the Defence Sector

Bernard Markušić orcid id ; student pete godine pravnog studija na Pravnom fakultetu Sveučilišta u Zagrebu

Puni tekst: hrvatski pdf 317 Kb

str. 437-464

preuzimanja: 851



The use of outsourcing in the defence sector represents a current trend of running the state defence policy and a relatively new phenomenon in the governance of most countries outside the Anglo-Saxon area of influence. The paper analyses the economic and legal aspects of a wide range of public–private partnerships in the defence sector in search of an answer to the question of the real level of cost-effectiveness and efficiency of such an approach on the one hand, and legal justification and possible implications for the standards of democracy on the other. To find the answers to these questions, the analysis begins with a general conceptual definition of outsourcing on the PPP scale, a review of the models of cooperation between the private and the public sector accompanied by practical examples, and the legal regulation of this type of cooperation at EU level. The general overview of the practice of outsourcing is primarily based on the example of the United States, with an emphasis on the typology and a brief historical overview of the private military sector. This is followed by a cost-benefit analysis
of outsourcing military services to private actors. The legal analysis is equally important because of a mostly uneven and often non-existent legal framework that would regulate private military companies. The author uses a global approach and analyses the application of private contractors in peacekeeping and military missions by reviewing the models found in the USA, the UK and Germany. The final confirmation of the thesis that the outsourcing of military services to private
actors is effective, but insufficiently regulated from a legal point of view, is based on a case study analysis and interviews with relevant experts.

Ključne riječi

outsourcing; public–private partnerships; private military corporations; private security corporations; PMCs; UN; Montreux Document

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