Norms and interests have shaped state choices towards the Montreux Document, the only tool to account for new networks and relations between states and markets and the only instrument to address the concern that Private Security Provision operate in a legal vacuum. The neo-liberal norm stirred greater unconstrained use of private security with increased contracting. At the domestic level, and particularly in contexts of late state development, choices bear much more upon the varying influence of the anti-mercenary norm. I distinguish between regulatory choices at the global and state level. I show the content and the unforeseen directions of the anti-mercenary norm, which narrows at the global level but regenerates at the state level in competition with the neoliberal norm.Contingency and crisis favor the latter while domestic dynamics of electoral politics and political entrepreneurs stir the anti-mercenary norm. In the empirical comparison of attitudes and expectations around norms in African states, I illustrate the approaches to contracting and PMSCs norms. State practice reveals greater agency than expected as well as past pathways of contestation and plausible strategies of extraversion. South Africa alternated between leadership, collaboration and criticism of governance choices. In Nigeria, an engagement with regulatory cooperation represents a reversal of long-standing position. The agency of states can be traced even in post-conflict contexts like Liberia and Sierra Leone with distinctive contributions to prospective regulatory efforts. The international influence of strong states, I argue, can either improve regime creation or indirectly weaken it. Thus, the emergence of a regime for PMSCs norms and recognition of ;;PMSC’ as an assigned name builds upon the tepid support of strong states- the United States and China, whose influence I examine.
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STATE CHOICES IN THE GOVERNANCE OF PRIVATE SECURITY PROVISION
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