Under the influence of globalization many countries have been compelled to privatize the provision of a number of State and public services. This trend towards privatization has been met with skepticism from the human rights world. In this study, the privatization phenomenon is analyzed with the aim of establishing whether it can be reconciled with the human rights obligations of States. The dynamic nature of privatization and the role of the various actors involved in the privatization process are examined together with the legal obligations stemming from international and human rights law. The study addresses the issue of accountability for the conduct of entities exercising governmental functions and discusses the need for a new paradigm for holding privatized entities directly accountable for human rights abuses. It also focuses on two case studies involving privatization in two different sectors: the alleged abuses of contractors from two private military and security companies in Abu Ghraib, Iraq, and the privatization of water in the city of Buenos Aires, Argentina.
This study offers a paradoxical insight. One of the goals of privatization is to reduce the size of the State. However, the concerns for privatization’s effects on human rights may lead to reaffirming the need for an active role of the State through regulation.
About this book
‘This book offers a fascinating look to the future of the (international) legal control of states’ regulation of markets.’
Juan M. Amaya-Castro in Rechtsgeleerd Magazijn Themis (2014) 59
Chapter I. General Introduction (p. 1)
Chapter II. Privatization in Context (p. 17)
Chapter III. Issues of Doctrine (p. 59)
Chapter IV. Accountability for Injury Caused by Privatization (p. 199)
Chapter V. Privatization and the Practice of Human Rights Monitoring Mechanisms (p. 353)
Chapter VI. Privatization of Security and Military Services (p. 457)
Chapter VII. Privatization of Essential Public Utilities (p. 529)
Chapter VIII. Summary and General Conclusions (p. 683)
Samenvatting (p. 697)
Selected Bibliography (p. 707)
Table of Cases (p. 721)
Index (p. 737)
Curriculum Vitae (p. 745)
The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.
The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.
Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).
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