Adverse Selection and Humanitarian Intervention: Mitigation of Undesired Effects.

Abstract

This paper analyses the positions and relations between the players in a scenario of possibility of humanitarian intervention, using elements of economic analysis of law. The possibility of humanitarian intervention analyzed is set in a non-international armed conflict between the State forces and an internal non-State group of combatants. Considerations are drawn over the possible intervention of a third party, a State, providing intelligence, supplies, ammunition, logistics, health, training, weapons and even combatants. On such scenario this paper describes the application of principal-agent theory, moral hazard and adverse selection mechanism, as well as, commitment dilemma. This paper suggests that prior, permanent and binding international regulation over the matter would be more advantageous for all the players involved, provided that those player are interested in the reduction of human suffering, dialog development and the building peace and stability.