ABSTRACT
This chapter presents the possibility and prudence of relying upon contractual provisions to ensure that private military and security companies protect and promote human rights in the course of their operations. It emphasises the shortcomings of contract law in adequately fulfilling the regulatory roles urged upon it by developing soft law instruments that seek to regulate the private security companies (PSC) industry. It then presents the characteristics of contract law that result in it micros coping towards the minutiae of bipartite agreements rather than telescoping to the cosmos of concerns beyond mere contractual provisions. The independent status of each contracting party and their relative equality within the contract flows as a consequence of the freedom of contract ideal, transforming the nature of responsibility. The doctrine of privity holds three main implications for the potential to regulate PSCs through contract law: discretionary enforcement, limited incentives and restricted third party intervention.
