the flag states that allow the use of PCASPs commissioned by PMSCs on board
vessels of their nationality involved in international voyages to (some) high risk
areas.
Table 1 above provides a summary of some Flag states that allow the use of
PMSCs in areas prone to piracy attacks.
Notably, the delivery of these services occur on the high seas beyond their
territories. In contrast coastal states battling with security challenges, such as
Malaysia, Indonesia, Nigeria, Benin and Togo, demur from endorsing services that
involve the carriage of arms and ammunition on board vessels by foreign security
personnel.
107
2.1.3 Industry (Self) Regulation
Industry self-regulation refer to common set of understandings among participants in
a particular industry or profession regarding specific issues which include norms of
conduct, organization and limitations on activity.
108 Industry regulation of PMSCs
exists as a response to the need to create an acceptable operational standard in the use
of specific PMSC services.
109 Self-regulation of the PMSC industry can be roughly
divided along the lines of multi-stakeholder initiatives and industry association
initiatives.
110
There exists several multi-stakeholder initiatives geared towards the regulation of
the private security within the maritime industry.
111 The Montreux Document on
pertinent international legal obligations and good practices for states related to
operations and private military and security companies during armed conflict
(Montreux document) and the International Code of Conduct for Private Security
Providers (ICC Code)
112 surfaced as among the earliest initiatives of international
security guard against maritime piracy (2016) (Arrêté royal modifiant l’arrêté royal du 11 février
2013 fixant les zones maritimes pour l’utilisation de gardiennage privé contre le piraterie maritime).
107 Struwe (2012), p. 592; Liss (2012), pp. 60–61.
108 Richemond-Barak (2014), p. 779.
109 Interview with Maritime Security Expert, 12 April, 2017; Carreira Da Cruz (2017), p. 64. See
also Richemond-Barak (2014), p. 779; Percy (2012), p. 954.
110 Richemond-Barak (2014), p. 779.
111 These initiatives include the Montreux Document on pertinent international legal obligations
and good practices for states related to operations and private military and security companies
during armed conflict (Montreux document); International Code of Conduct, Association, International Code of Conduct for Private Security Providers, November 2010; Ship and Marine
Technology-Guidelines for Private Maritime Security Companies (PMSC) providing privately
Contracted Armed Security Personnel (PCASP) on board ships (and pro forma contract)
(ISO/28007-1: 2015); 100 Series Rules: An International Model Set of Maritime Rules for the
Use of Force (RUF); The Best Management Practice for the Protection against Somali Piracy.
112 Although the Code is open for signature by only private security companies, the principles
contained in it were developed after extensive consultation with a range of governments and
non-governmental organisations.
190
O. A. Eruaga
vessels of their nationality involved in international voyages to (some) high risk
areas.
Table 1 above provides a summary of some Flag states that allow the use of
PMSCs in areas prone to piracy attacks.
Notably, the delivery of these services occur on the high seas beyond their
territories. In contrast coastal states battling with security challenges, such as
Malaysia, Indonesia, Nigeria, Benin and Togo, demur from endorsing services that
involve the carriage of arms and ammunition on board vessels by foreign security
personnel.
107
2.1.3 Industry (Self) Regulation
Industry self-regulation refer to common set of understandings among participants in
a particular industry or profession regarding specific issues which include norms of
conduct, organization and limitations on activity.
108 Industry regulation of PMSCs
exists as a response to the need to create an acceptable operational standard in the use
of specific PMSC services.
109 Self-regulation of the PMSC industry can be roughly
divided along the lines of multi-stakeholder initiatives and industry association
initiatives.
110
There exists several multi-stakeholder initiatives geared towards the regulation of
the private security within the maritime industry.
111 The Montreux Document on
pertinent international legal obligations and good practices for states related to
operations and private military and security companies during armed conflict
(Montreux document) and the International Code of Conduct for Private Security
Providers (ICC Code)
112 surfaced as among the earliest initiatives of international
security guard against maritime piracy (2016) (Arrêté royal modifiant l’arrêté royal du 11 février
2013 fixant les zones maritimes pour l’utilisation de gardiennage privé contre le piraterie maritime).
107 Struwe (2012), p. 592; Liss (2012), pp. 60–61.
108 Richemond-Barak (2014), p. 779.
109 Interview with Maritime Security Expert, 12 April, 2017; Carreira Da Cruz (2017), p. 64. See
also Richemond-Barak (2014), p. 779; Percy (2012), p. 954.
110 Richemond-Barak (2014), p. 779.
111 These initiatives include the Montreux Document on pertinent international legal obligations
and good practices for states related to operations and private military and security companies
during armed conflict (Montreux document); International Code of Conduct, Association, International Code of Conduct for Private Security Providers, November 2010; Ship and Marine
Technology-Guidelines for Private Maritime Security Companies (PMSC) providing privately
Contracted Armed Security Personnel (PCASP) on board ships (and pro forma contract)
(ISO/28007-1: 2015); 100 Series Rules: An International Model Set of Maritime Rules for the
Use of Force (RUF); The Best Management Practice for the Protection against Somali Piracy.
112 Although the Code is open for signature by only private security companies, the principles
contained in it were developed after extensive consultation with a range of governments and
non-governmental organisations.
190
O. A. Eruaga