安全私有化与东南亚海上安保
发布时间：2018-07-29 11:48
【摘要】：作为全球化时代安全和私有化"联姻"的产物,当代安全私有化趋势越来越成为国际政治实践中一个不容忽视的现象。回顾历史,安全私有化是一项普遍规范而非例外。历史上,安全私有化主要表现为私人行为体的暴力行为。直至1648年民族国家和国家军队出现后,随着国家主权观念深入人心,国家逐渐成为暴力垄断的唯一合法主体,取代了私人行为体的暴力行为,安全私有化一度在历史上"消失"。然而,到了 20世纪90年代,安全私有化再度兴起,主要以私人军事公司和私人安保公司等私人行为体的方式得到复兴。安全私有化的再度兴起是一系列因素综合作用的结果。首先,新自由主义革命和私有化浪潮是安全私有化产生和发展的前提。其次,安全私有化的兴起是在新形势下对新安全威胁的直接反应。再次,安全概念范式的转变是安全私有化兴起的重要背景。第四,学界围绕私人行为体的争论是安全私有化的外部推力。最后,安全私有化的兴起也折射出安全规范的变化。安全私有化包括自上而下和自下而上的私有化。自下而上的安全私有化是指非国家行为体从国家手中自主接管安全职能,以提供安全公共产品的现象。自上而下的安全私有化可划分成两种类型。第一种是指国家行为体将原来由其垄断的特定军事和安全职能,通过外包合同转让给私人行为体;第二种是指非政府组织及政府间组织等国际组织主动购买私人行为体提供的安全公共产品服务。安全私有化有3个显著特征:满足了一系列国际行为体的需要;与国家之间关系复杂,并非简单的二元对立;手段多样且目的明确。依据私有化程度的高低和实践手段的差异,安全私有化包括极端私人化和国家职能委托2种运行机制,雇佣兵、非国家武装团体、私人军事公司和私人安保公司4种实践形式。随着安全私有化在全球范围的蓬勃发展,它对当前世界安全局势影响巨大,体现在安全治理、道德伦理和国际法等方方面面。伴随着当代安全私有化进程,安全私有化的范围也得到横向拓展。全球化的持续推进、非传统安全威胁的增多以及全球海上贸易的繁荣,促使该现象从陆上扩展到海上,这是一个新趋势。全球海上安全私有化体现在全球、国家、地区各个层次,从国际海事及国际商业组织到西方发达国家甚至中国,再到船东个人,他们都倾向使用廉价的私人安保服务保障海上安全。具体到东南亚地区,海上安全私有化表现为私人安保公司参与到海上安全治理中来。东南亚地区的私人安保公司主要有两类:外生性私人安保公司和内生性私人安保公司,不过根据东南亚各国现实情况,东南亚私人安保公司多为外生性的。外生性私人安保公司参与东南亚海上安全治理的原因有三个。根本原因源于国际安全行为体的多元化趋势;直接原因为东南亚地区长期滋生的海盗和海上恐怖主义问题,东南亚各国国内的内政改革是其生长和发展的刺激因素。私人安保公司参与东南亚海上安全治理利弊共存。私人安保公司可以为东南亚海上来往船只提供安保服务,打击海盗和恐怖主义;然而同时,其与东南亚各国关系复杂,挑战各国对安全暴力的垄断,甚至恶化与国家间的关系。鉴于此,应加强对东南亚海上私人安保公司的规则与引导。从行业自身层面看,应加强行业自律;从国家层面看,应制定具体严格的规制措施;从国际层面看,应出台具有约束力的法律条款。近年来,随着中国海外利益增多和中国企业"走出去",中国的私人安保公司也如雨后春笋蓬勃发展。对中国而言,在东亚,规制和利用好私人安保公司不仅有助于维护中国海外企业安全,也有助于推动其为亚太新安全架构贡献力量。未来的安全治理是国家"再安全化"的过程,应充分利用发挥私人安保公司提供安全公共产品的辅助性作用,与国家提供核心安全公共产品相配合,两者"一主一辅",共同维护地区安全与稳定。
[Abstract]:As the product of the "marriage" of security and privatization in the era of globalization, the trend of Contemporary Security privatization has become a phenomenon that can not be ignored in international political practice. Review of history, security privatization is a universal norm, not an exception. After the emergence of the national and national army, with the concept of state sovereignty deeply rooted in the hearts of the people, the state gradually became the only legal body of the monopoly of violence and replaced the violence of private actors. The privatization of security was once "disappearing" in history. However, in 1990s, the privatization of security was reborn again, mainly by private Military companies and private. The re emergence of privatization of security is the result of a series of factors. First, the new liberalism and privatization wave is the prerequisite for the emergence and development of security privatization. Secondly, the rise of security privatization is a direct response to new security threats under the new situation. Thirdly, the transformation of the security concept paradigm is an important background of the rise of security privatization. Fourth, the debate around private actors is the external thrust of security privatization. Finally, the rise of security privatization also reflects the change of security norms. Privatization of security includes top-down and bottom-up privatization. Privatization refers to the phenomenon that non state actors take over the security functions independently from the state to provide safe public products. Top-down security privatization can be divided into two types. The first means that the state actors transfer the original monopolistic military and security functions through the outsourcing contract to the private actors; the second types of acts are transferred to private actors. International organizations such as non-governmental organizations and intergovernmental organizations take the initiative to purchase the safe public product services provided by private actors. Security privatization has 3 significant features: meeting the needs of a series of international actors; complex relations with the state, not a simple two yuan confrontation; various means and clear purposes. Based on the degree of privatization The difference between high and low and practical means, security privatization includes 2 operating mechanisms, such as extreme privatization and state function, 4 practical forms of mercenaries, non state armed groups, private Military companies and private security companies. With the vigorous development of security privatization in the world, it has a great impact on the current world security situation. In all aspects of security governance, ethics and international law. Along with the process of Contemporary Security privatization, the scope of security privatization has also been expanded horizontally. The continued advancement of globalization, the increase of non-traditional security threats and the prosperity of global maritime trade have prompted the phenomenon to expand from land to sea. This is a new trend in the global sea. Security privatization is embodied in the global, national and regional levels, from the international maritime and international commercial organizations to the western developed countries and even to China, and to the owners of the shipowners, they all tend to use cheap private security services to ensure the safety of the sea. There are two main types of private security companies in Southeast Asia: private private security companies and private private security companies in Southeast Asia. However, according to the reality of Southeast Asian countries, the private security companies in Southeast Asia are mostly external. There are three reasons for the participation of exogenous private security companies in the maritime security management in Southeast Asia. The root cause is the pluralistic trend of international security actors; the direct cause is the long-standing piracy and maritime terrorism in Southeast Asia, the domestic internal reform of Southeast Asian countries is the stimulant for its growth and development. Private security companies are involved in the advantages and disadvantages of maritime security governance in Southeast Asia. Private security companies can At the same time, the relationship with Southeast Asian countries is complex, and it challenges the monopoly of security violence and even worsens the relationship with the state. In view of this, we should strengthen the rules and guidance of the private maritime security companies in Southeast Asia. Strengthen the self-discipline of the industry; from the national level, we should formulate specific and strict regulatory measures; from the international level, the binding legal provisions should be issued. In recent years, as China's overseas interests increase and Chinese enterprises "go out", China's private security companies have springing up like bamboo shoots after the rain. For China, in East Asia, regulation and benefit A good private security company not only helps to safeguard the safety of Chinese overseas enterprises, but also helps to promote its contribution to the new security architecture in the Asia Pacific region. Future security governance is the process of national "re security". It should make full use of the auxiliary role of private security companies to provide safe public products and provide core security public with the state. The products should be coordinated with each other to maintain regional security and stability.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D815.5
本文编号：2152585
[Abstract]:As the product of the "marriage" of security and privatization in the era of globalization, the trend of Contemporary Security privatization has become a phenomenon that can not be ignored in international political practice. Review of history, security privatization is a universal norm, not an exception. After the emergence of the national and national army, with the concept of state sovereignty deeply rooted in the hearts of the people, the state gradually became the only legal body of the monopoly of violence and replaced the violence of private actors. The privatization of security was once "disappearing" in history. However, in 1990s, the privatization of security was reborn again, mainly by private Military companies and private. The re emergence of privatization of security is the result of a series of factors. First, the new liberalism and privatization wave is the prerequisite for the emergence and development of security privatization. Secondly, the rise of security privatization is a direct response to new security threats under the new situation. Thirdly, the transformation of the security concept paradigm is an important background of the rise of security privatization. Fourth, the debate around private actors is the external thrust of security privatization. Finally, the rise of security privatization also reflects the change of security norms. Privatization of security includes top-down and bottom-up privatization. Privatization refers to the phenomenon that non state actors take over the security functions independently from the state to provide safe public products. Top-down security privatization can be divided into two types. The first means that the state actors transfer the original monopolistic military and security functions through the outsourcing contract to the private actors; the second types of acts are transferred to private actors. International organizations such as non-governmental organizations and intergovernmental organizations take the initiative to purchase the safe public product services provided by private actors. Security privatization has 3 significant features: meeting the needs of a series of international actors; complex relations with the state, not a simple two yuan confrontation; various means and clear purposes. Based on the degree of privatization The difference between high and low and practical means, security privatization includes 2 operating mechanisms, such as extreme privatization and state function, 4 practical forms of mercenaries, non state armed groups, private Military companies and private security companies. With the vigorous development of security privatization in the world, it has a great impact on the current world security situation. In all aspects of security governance, ethics and international law. Along with the process of Contemporary Security privatization, the scope of security privatization has also been expanded horizontally. The continued advancement of globalization, the increase of non-traditional security threats and the prosperity of global maritime trade have prompted the phenomenon to expand from land to sea. This is a new trend in the global sea. Security privatization is embodied in the global, national and regional levels, from the international maritime and international commercial organizations to the western developed countries and even to China, and to the owners of the shipowners, they all tend to use cheap private security services to ensure the safety of the sea. There are two main types of private security companies in Southeast Asia: private private security companies and private private security companies in Southeast Asia. However, according to the reality of Southeast Asian countries, the private security companies in Southeast Asia are mostly external. There are three reasons for the participation of exogenous private security companies in the maritime security management in Southeast Asia. The root cause is the pluralistic trend of international security actors; the direct cause is the long-standing piracy and maritime terrorism in Southeast Asia, the domestic internal reform of Southeast Asian countries is the stimulant for its growth and development. Private security companies are involved in the advantages and disadvantages of maritime security governance in Southeast Asia. Private security companies can At the same time, the relationship with Southeast Asian countries is complex, and it challenges the monopoly of security violence and even worsens the relationship with the state. In view of this, we should strengthen the rules and guidance of the private maritime security companies in Southeast Asia. Strengthen the self-discipline of the industry; from the national level, we should formulate specific and strict regulatory measures; from the international level, the binding legal provisions should be issued. In recent years, as China's overseas interests increase and Chinese enterprises "go out", China's private security companies have springing up like bamboo shoots after the rain. For China, in East Asia, regulation and benefit A good private security company not only helps to safeguard the safety of Chinese overseas enterprises, but also helps to promote its contribution to the new security architecture in the Asia Pacific region. Future security governance is the process of national "re security". It should make full use of the auxiliary role of private security companies to provide safe public products and provide core security public with the state. The products should be coordinated with each other to maintain regional security and stability.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D815.5
【参考文献】
相关期刊论文 前10条
1 辛田;;中国海外利益保护私营化初探[J];国际展望;2016年04期
2 张春;;安全私有化的当代发展及其国际政治意义[J];世界经济与政治;2016年06期
3 赵可金;李少杰;;探索中国海外安全治理市场化[J];世界经济与政治;2015年10期
4 刘波;杨甜娜;;私营军事公司及其对国际安全的影响[J];现代国际关系;2015年09期
5 邢瑞利;刘艳峰;;东南亚安全治理中的私人安保公司[J];国际展望;2015年04期
6 邢瑞利;郑先武;;私人安全公司与东南亚海上安保[J];东南亚南亚研究;2015年02期
7 杨晋;;“黑水模式”与“战争私有化”[J];世界知识;2015年09期
8 戴斌;;高风险区域船舶使用武装保安人员问题[J];世界海运;2015年03期
9 王秀梅;;《蒙特勒文件》对私营军事和安保服务公司的规制评析[J];西安政治学院学报;2009年05期
10 张茗;;美国私营军事服务业透视[J];现代国际关系;2009年10期
相关硕士学位论文 前5条
1 于雪;私人海事武装保安民事法律问题研究[D];大连海事大学;2014年
2 陈佳琪;私营武装保安公司护航中的国家责任问题研究[D];大连海事大学;2014年
3 曹瑞璇;私营军事和安保公司法律规制[D];华东政法大学;2014年
4 胡丹;私人武装保安抗击海盗的法律问题研究[D];大连海事大学;2013年
5 黄炎;论私人军事公司在国际法上的地位及责任承担[D];华东政法大学;2012年
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