Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.

This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

This book describes and assesses an emerging threat to states’ territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends – the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations:" when a state privatizes an activity to another state’s public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.

The idea of 'hybrid sovereignty' describes overlapping relations between public and private actors in important areas of global power, such as contractors fighting international wars, corporations regulating global markets, or governments collaborating with nongovernmental entities to influence foreign elections. This innovative study shows that these connections – sometimes hidden and often poorly understood – underpin the global order, in which power flows without regard to public and private boundaries. Drawing on extensive original archival research, Swati Srivastava reveals the little-known stories of how this hybrid power operated at some of the most important turning points in world history: spreading the British empire, founding the United States, establishing free trade, realizing transnational human rights, and conducting twenty-first century wars. In order to sustain meaningful dialogues about the future of global power and political authority, it is crucial that we begin to understand how hybrid sovereignty emerged and continues to shape international relations.

How chartered company-states spearheaded European expansion and helped create the world’s first genuinely global order From Spanish conquistadors to British colonialists, the prevailing story of European empire-building has focused on the rival ambitions of competing states. But as Outsourcing Empire shows, from the seventeenth to the twentieth centuries, company-states—not sovereign states—drove European expansion, building the world’s first genuinely international system. Company-states were hybrid ventures: pioneering multinational trading firms run for profit, with founding charters that granted them sovereign powers of war, peace, and rule. Those like the English and Dutch East India Companies carved out corporate empires in Asia, while other company-states pushed forward European expansion through North America, Africa, and the South Pacific. In this comparative exploration, Andrew Phillips and J. C. Sharman explain the rise and fall of company-states, why some succeeded while others failed, and their role as vanguards of capitalism and imperialism. In dealing with alien civilizations to the East and West, Europeans relied primarily on company-states to mediate geographic and cultural distances in trade and diplomacy. Emerging as improvised solutions to bridge the gap between European rulers’ expansive geopolitical ambitions and their scarce means, company-states succeeded best where they could balance the twin imperatives of power and profit. Yet as European states strengthened from the late eighteenth century onward, and a sense of separate public and private spheres grew, the company-states lost their usefulness and legitimacy. Bringing a fresh understanding to the ways cross-cultural relations were handled across the oceans, Outsourcing Empire examines the significance of company-states as key progenitors of the globalized world.

"Rebuilding Expertise traces the decline in the reality of and public trust in federal bureaucratic expertise, and offers a step-by-step, practical roadmap for rebuilding the quality of federal regulation and Americans' faith in their regulatory apparatus"--

Other Global Issues books are a rather eclectic mash up of topics, headlines du jour, with an "and now this!" organizational scheme. The "hot" topics may have cooled by press time, and the presentation to students is disjointed, not clear. The approach is often a "scare 'em and leave 'em" presentation of a global horror show of problems, without clear arguments about the connections among the issues, or integrated discussions of solutions. In contrast, Global Issues Beyond Sovereignty provides a thesis and a common narrative throughout the "issue" chapters. The range of responses to manage global issues are compared and discussed throughout. Global problems move at internet speed; governments do not move so quickly. This creates gaps in what citizens expect the state to do, and what countries have the capacities to do. This paradox is a problem not only for weak or failing states; even the strongest states in the system struggle in how to effectively respond to global issues, from cybersecurity to environmental toxins. States cannot solve or manage trans-sovereign issues alone. The power of the private sector is growing (both legal and illegal, for profit and non-profit), while state power is flat or in some places declining. While private sector actors have means to impact transnational issues, they do not have a public mandate to do so. Countries increasingly must learn how to play well with others; this is easier said than done. Attempts to manage global issues flow through three channels: public sector responses, private sector responses, and mixed public-private partnerships. All three channels are explored throughout the book, uniting the issue chapters in a common discussion of challenges and responses. The conclusion presents lessons learned for theory and practice from managing global issues.

To be effective, government must be run by professional managers. When decisions that should be taken by government officials are delegated to private contractors without adequate oversight, the public interest is jeopardized. Verkuil uses his inside perspectives on government performance and accountability to examine the tendencies at both the federal and state levels to 'deprofessionalize' government. Viewing the turn to contractors and private sector solutions in ideological and functional terms, he acknowledges that the problem cannot be solved without meaningful civil service reforms that make it easier to hire, incent and, where necessary, fire career employees and officials. The indispensable goal is to revitalize bureaucracy so it can continue to competently deliver essential services. By highlighting the leadership that already exists in the career ranks, Verkuil senses a willingness, or even eagerness, to make government, like America, great again.

This new book by the well-known anthropologists Jean and John L. Comaroff explores the global preoccupation with criminality in the early twenty-first century, a preoccupation strikingly disproportionate, in most places and for most people, to the risks posed by lawlessness to the conduct of everyday life. Ours in an epoch in which law-making, law-breaking, and law-enforcement are ever more critical registers in which societies construct, contest, and confront truths about themselves, an epoch in which criminology, broadly defined, has displaced sociology as the privileged means by which the social world knows itself. They also argue that as the result of a tectonic shift in the triangulation of capital, the state, and governance, the meanings attached to crime and, with it, the nature of policing, have undergone significant change; also, that there has been a palpable muddying of the lines between legality and illegality, between corruption and conventional business; even between crime-and-policing, which exist, nowadays, in ever greater, hyphenated complicity. Thinking through Crime and Policing is, therefore, an excursion into the contemporary Order of Things; or, rather, into the metaphysic of disorder that saturates the late modern world, indeed, has become its leitmotif. It is also a meditation on sovereignty and citizenship, on civility, class, and race, on the law and its transgression, on the political economy of representation.

Warlords are individuals who control small territories within weak states, using a combination of force and patronage. In this book, Kimberly Marten shows why and how warlords undermine state sovereignty. Unlike the feudal lords of a previous era, warlords today are not state-builders. Instead they collude with cost-conscious, corrupt, or frightened state officials to flout and undermine state capacity. They thrive on illegality, relying on private militias for support, and often provoke violent resentment from those who are cut out of their networks. Some act as middlemen for competing states, helping to hollow out their own states from within. Countries ranging from the United States to Russia have repeatedly chosen to ally with warlords, but Marten argues that to do so is a dangerous proposition. Drawing on interviews, documents, local press reports, and in-depth historical analysis, Marten examines warlordism in the Pakistani tribal areas during the twentieth century, in post-Soviet Georgia and the Russian republic of Chechnya, and among Sunni militias in the U.S.-supported Anbar Awakening and Sons of Iraq programs. In each case state leaders (some domestic and others foreign) created, tolerated, actively supported, undermined, or overthrew warlords and their militias. Marten draws lessons from these experiences to generate new arguments about the relationship between states, sovereignty, "local power brokers," and stability and security in the modern world.