Feral Jundi

Wednesday, February 3, 2010

Letter Of Marque: CATO–Privateering And The Private Production Of Naval Power

     Another great hidden gem of a paper about one of my favorite topics.  I also really perked up on the conclusions of the paper.  That privateering did not go away because the concept sucked. Nope.  It went away, because of competition with government owned Navies who wanted to do it all. It kind of reminds me of the ridiculous fears that popped up when privatized mail and shipping companies came on to the scene.

     The post office (government) folks actually had to compete with private industry for the business of the citizenry, and despite the early fears of those folks thinking they will lose their good deal government job, that competition only helped invigorate the innovation and business processes of both groups.  And best of all, the PO and private industry are still around and still slinging it out for that business.  If you also look at the PO, they are continuing to look more and more like UPS and  Fedex all the time.

    I also like the lighthouse example listed below as well. I think private naval and military companies can exist along side the militaries and navies they are serving just fine.  Hell, we are seeing that right now with the war, with thousands of contractors being used. So to take that one step further with issuing LoM’s to companies, to help even further in the war effort, would not be a bridge too far.  It would also provide a pretty nice cost savings for the government, and the military and navies of those governments would now have competition.

     That competition would be healthy in my opinion, and with carefully constructed LoM’s and today’s technological advances, it would not be a problem at all to keep tabs on companies issued LoM’s. And like Matt Armstrong mentioned, issuing LoM’s to today’s PMC’s would be a quick fix for keeping them in line.  Either abide by the wishes of a congress and their issued contract (LoM), or instantly be turned into a criminal organization for crossing the line. That would be some serious legal control if you know what I mean. It would also cut out inefficient contracting offices and weak laws that fall short of keeping companies under control. Just some thoughts on a different way of doing business.-Matt

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Privateering and the Private Production of Naval Power

Gary M. Anderson and Adam Gifford, Jr.

     The early history shows that, contrary to the belief of many economists, a lighthouse service can be provided by private enterprise. The lighthouses were built, operated, financed, and owned by private individuals. … We may conclude that economists should not use the lighthouse as an example of a service which could only be provided by the government. —Ronald Coase (1974) 

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Introduction

     Privatization and the “contracting-out” of services traditionally provided by means of governmental monopoly continue to attract increasing interest from both politicians and scholars. Many studies have found that private provision of certain goods and services tends to be more efficient than comparable arrangements provided directly by the government.

     One of the very few areas relatively untouched by the recent attempts at privatization, or contracting-out, of governmental services is the military. Although some economists have argued that the priva-tization of major elements of the provision of national defense would be both feasible and efficient, in modern times military forces are essentially a pure governmental monopoly. Not only are private military forces illegal, but the military force maintained by the govern-ment is invariably wholly owned and operated by the government. National defense, like lighthouses, frequently serves as a stylized illustration of the need for governmental provision of “public goods” in economics textbooks.

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Thursday, January 14, 2010

Publications: Is The Privatization Of Force Organic To Western Liberal Democracy?, By Matthew C. Armstrong

   Ok folks, this is cool.  Sometimes I stumble upon stuff that really gets the juices flowing, and this is one of those deals.  Matt has written a very interesting paper that basically talks about using the Letter of Marque as a mechanism to control and manage PMC’s.  That with our current system, there is not an efficient means of putting checks and balances on what PMC’s do in the name of the country, and that a direct link with congress, via the LoM, would be far more efficient. It would help to alleviate many of the problems that we are bumping up against now.

   This was written back in 2007, but I still think the ideas are spot on, and something to rally around. I also have Matt’s permission to post this. Be sure to check out Matt’s excellent blog called Mountain Runner.  It is a fascinating look at strategic communications with tons of conversations about power and influence.

   By the way, I have also started a Letter of Marque category, just to add another means of easily finding information about the concept. You can also use the Feral Jundi search box, or hit one of the tags. The search box would be the best to retrieve other past discussions about the LoM. –Matt

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Is The Privatization Of Force Organic To Western Liberal Democracy?

By Matthew C. Armstrong

Abstract:

     Popular wisdom maintains that the State holds a monopoly on the use of force and that private military forces are usurpers of this monopoly. Popular wisdom also suggests the use of private military forces is antithetical to the idea of liberal democracy. A review of history shows neither of these are true. By bringing history back into the discussion it is clear the use of private military forces results from decisions based on political economy independent of liberal democratic theories.

     This paper reviews the reality of private military forces and suggests the marginalization and disfavor of mercenaries on land and sea was the result of a political economy and not liberal democratic theories. Reaching back four millennia before Westphalia gives witness to much the same. Sealing off the present from the past leads to false assumptions of the factors that led to the marginalization, but not disappearance, of private force in the nineteenth century. This bracketing of historic events and processes blinds us and prevents seeing and understanding engines of change. Investigating history and it is apparent the history of mercenaries on land and sea begins with the history of war and was subject to changing infrastructural power of the state. The evolution and introduction of liberal democratic principles had little impact on the wholesale removal of mercenaries from the battlefield.

     The return of mercenaries today is marked by systemic changes similar to those of the nineteenth century that pushed private military forces out of mainstream use. However, the return is not complete as the institutional and theoritical structures of before have not been adopted, especially in the central example of the paper, the United States. Whereas the US Congress explicitly authorized and licensed private military force in the past it has implicitly done so now. Before, it explicitly controlled the contracts and monitoring. Today, it does nothing. Through public law and investigative powers, Congress has the power restrict the use of PMCs. These powers were exercised before in the interest of the state to protect the national execution of US foreign policy. The failure to act today is an abrogation of the responsibility intended through words and deeds of the Founding Fathers in striking parallel to the culpability at the root of Machiavelli’s misdirected warning. As war is a continuation of politics and military force is central to this, it is understandable private military companies are an increasingly important solution tool in the toolbox of US foreign policy in an era of accountability. However, unlike the past, oversight is absent and the agent may represent the principal in distasteful ways without repercussion or acknowledgement.

     The return to mercenaries has not been complete in that the rules governing their use by the employer have not been resurrected. This is not a failure of democracy, liberal or not, but a failure of the hiring client. In fact, in many ways private military companies today have re-democraticized war by allowing almost anyone to participate as they did in the past. It might also be said that instead of outsourcing, we have temporarily “in-sourced” war for the past one hundred and fifty years. Perhaps with that in mind, we can get beyond the hyperbole and discuss privatization in terms of real impact while acknowledging that many of the faults today are rooted in the use and not existence of private forces.

View paper here.

Link to Mountain Runner blog here.

From the author:

“Go ahead and post the paper, but please include the caveat that the author understands it is still a draft, at least in presentation. The arguments are sound but there are likely errors in grammar and punctuation. I do not have any updates nor do I plan to make any.”

Sunday, December 20, 2009

Mexico: Drug War Update–Tijuana Gets A Tough Guy, Drug Cartels Lose Leyva

    Big news with the drug war down south.  The Mexican Navy kills Beltran Leyva, a major drug boss with a two million dollar bounty on his head.  No word if anyone actually collected on that bounty.

    The other story that grabbed my attention is the new security jefe in Tijuana.  This guy is definitely working on being ‘bad ass of the week’.  I just hope he stays alive long enough to do some damage upon the cartels.

   Finally, I would like to say that if Mexico thinks they are doing all they can to stop these guys, think again.  Mexico could certainly open up the cartel killing market using the Letter of Marque concept, and open up a new front in the drug war.

     Mexico has a bounty system for these cartels already, but in order for it to work properly, they need to bring in companies under that system. Individuals, who have no way of protecting themselves and fear retribution if they turn in a drug boss or his buddies, are not likely to partake in a bounty system. But entire companies will join in, because they have the means to protect itself and usually has the kind of guys who can take care of themselves.

     And if there are hundreds of companies going after cartels, along with the police and military, well then you have a diversified strategy with a total drug war concept. More importantly, they need to give the companies involved with taking on the cartels, legal protections–hence the reason behind the LoM.

    One last thing. Mexico is not a signatory of the Declaration of Paris. And what is really cool about the LoM, is it is warfare on the cheap.  Just the kind of solution a country would need in case they ran out of money do to a protracted war or were in a deep recession because of other factors throughout the world.

     Drug cartels are loaded with loot, they fight to bring over billions of dollars of hard cash into the US in order to launder it, and they buy all sorts of ridiculous things with that money.  Privateers would love to take that wealth away from the cartels as well as kill or capture individuals to collect on the state offered bounties.  Seems pretty logical to me.  Dios mio. –Matt

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Death of a Mexican drug lord

Mexican forces won this battle, killing Arturo Beltran Leyva. But the war is far from over.

December 19, 2009

Understandably, Mexican President Felipe Calderon is trumpeting the navy’s success in taking down Arturo Beltran Leyva, wanted in the United States and Mexico for his part in the $15-billion to $20-billion-a-year drug trade. He was a criminal known to behead his rivals and believed to be responsible for last year’s killing of the federal police chief in his Mexico City home; he was the most powerful cartel boss to be removed by security forces since Calderon launched his drug war in 2006. The operation reportedly was the result of improved U.S.-Mexican intelligence cooperation, and although the naval troops failed to take Beltran Leyva and six cohorts alive, it should yield a trove of new information. Moreover, the battle between cartel grenades and the navy’s mounted machine guns was carried out without civilian casualties or, apparently, some of the other abuses that have marked army operations.For all the accomplishments, however, the operation reveals the extent of unfinished business in Calderon’s campaign. Beltran Leyva was discovered at a luxury apartment complex near the governor’s mansion in the city of Cuernavaca, just south of the national capital. Clearly he felt he had bought enough protection from security forces to stray far from his home base in Sinaloa and into the weekend getaway for Mexico City’s rich. But someone either infiltrated his inner circle or turned on him — possibly for the $2-million bounty on his head. (more…)

Monday, December 14, 2009

Strategy: The Five Elements of the Letter of Marque and Reprisal

Filed under: Legal News,Strategy — Tags: , , , , — Matt @ 8:03 AM

   This is unique.  This is the first website that I have found, that actually listed various LoMs from all over the world and from different time periods, and has reduced the LoM to these five basic elements.  So if anyone is interested, follow the link below, and you can check out what the various countries set up. It lists France, Holland, Britain, America, and Spain as just a few.

   Now if I could get a hold of the LoM that we issued to the Airship Resolute during World War Two, then that would be really cool. I imagine it is in some congressional archives deal, and maybe that will be a future post.

   The Resolute was a Goodyear ship as well, and did advertisements after the war.  If there are any documentarians out there, this would be a very unique subject to work on and present.  There is nothing out there that talks about it, to include any serious wikipedia stuff, and I think it would be a fascinating subject if tied into a modern day usage of the LoM. –Matt

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The Five Elements of the Letter of Marque and Reprisal

Letters of marque and reprisal are commissions or warrants issued to someone to commit what would otherwise be acts of piracy. They will normally contain the following first three elements, unless they imply or refer to a declaration of war to define the enemies, and may optionally contain the remainder:

1. Names person, authorizes him to pass beyond borders with forces under his command.

2. Specifies nationality of targets for action.

3. Authorizes seizure or destruction of assets or personnel of target nationality.

4. Describes offense for which commission is issued as reprisal.

5. Restriction on time, manner, place, or amount of reprisal.

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American Letter of Marque, 1812

The Letter below is an example of an American letter of marque of an actual privateering commission issued by the government of the United States to the schooner Patapsco during the War of 1812.

JAMES MADISON, President of the United States of America.

TO ALL WHO SHALL THESE PRESENTS, GREETING:BE IT KNOWN, That in pursuance of an Act of Congress passed on the eighteenth day of June one thousand eight hundred and twelve, I have commissioned, and by these presents do commission, the private armed Schooner called the Patapsco of the burthen of 159 tons, or thereabouts, owned by Andrew Clopper, Levi Hollingsworth, Amos A. Williams and Henry Fulford of the City of Baltimore mounting 6 carriage guns, and navigated by 40 men, hereby authorizing James M. Mortimer Captain,

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Monday, November 23, 2009

Podcasts: The Pirates of ’76’–NPR Interviews Robert Patton, Author of Patriot Pirates

     Check it out. It is a little old, but still a pretty cool little show about Robert Patton’s book. Probably the most interesting parts are the comparisons between today’s Somali pirates or security contractors in the war, and yesteryear’s privateers.  

   The one thing they did touch on that I thought was particularly interesting, and might be a future Building Snowmobiles topic, is the privateer versus privateer concept.  I guess the British got so fed up with the American pirates, that they started issuing letters of marque to their own privateers to go after these American privateers.  They even were able to get some Loyalist privateers out of New York to go after these guys, and according to Patton, these privateer vs. privateer battles were some of the most bloodiest and most desperate battles.  The fear of being captured by one side or the other, plus the fight over hard gained loot, all contributed to a fierce desire to win the fight. Interesting stuff.-Matt

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Patriot Pirate

The Pirates of ‘76

Thursday, August 27, 2009

Originally broadcast: May 11, 2009

When Americans think of the Revolutionary War, the War for Independence, they think fife and drum, Minute Men, tri-cornered hats, George Washington on horseback.

When the British of 1776 — and ‘77 and ‘78 — thought of the American Revolution, many thought “pirates.” Cannon and cutlass and brigands on the high seas.

Washington and the Continental Congress unleashed thousands of American vessels — patriots and fortune seekers — to go after British shipping. And they did it with a vengeance.

This hour, On Point: Privateers, private booty, and the American Revolution.

Listen to Podcast here. 

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