EXPLORING THE LESSONS OF THE KIMBERLEY PROCESS FOR CLIMATE CHANGE ACTION

There has been a great deal of academic discourse about policy and governance choices embedded in the UNFCCC-based regimes for Climate Change action, and they point to the inefficiency and ineffectiveness of such regimes, which is often attributed to the fact that they hinge on the political authority of State actors and lack meaningful enforcement mechanisms. Against this backdrop, this paper argues that an alternative regime may be needed; and that for an effective regulatory framework for Climate Change action to emerge there needs to be a regulatory imperativeness similar to that upon which the Kimberley Process was created, where Non-State Actors play a leadership role. It also argues that in addition to regulatory imperativeness, the making and enforcement of the Kimberley Process provides helpful lessons towards crafting a more effective Climate Change remedial regime.

Diamonds Certify Themselves: Multivariate Statistical Provenance Analysis

The country or mine of origin is an important economic and societal issue inherent in the diamond industry. Consumers increasingly want to know the provenance of their diamonds to ensure their purchase does not support inhumane working conditions. Governments around the world reduce the flow of conflict diamonds via paper certificates through the Kimberley Process, a United Nations mandate. However, certificates can be subject to fraud and do not provide a failsafe solution to stopping the flow of illicit diamonds. A solution tied to the diamonds themselves that can withstand the cutting and manufacturing process is required. Here, we show that multivariate analysis of LIBS (laser-induced breakdown spectroscopy) diamond spectra predicts the mine of origin at greater than 95% accuracy, distinguishes between natural and synthetic stones, and distinguishes between synthetic stones manufactured in different laboratories by different methods. Two types of spectral features, elemental emission peaks and emission clusters from C-N and C-C molecules, are significant in the analysis, indicating that the provenance signal is contained in the carbon structure itself rather than in inclusions.

Diamond Trafficking

This chapter addresses diamond trafficking in four sections: the nature and extent of the harm; the structure of diamond trafficking (considered in terms of source, transit and demand); regulation and control; and finally a discussion about diamond trafficking as illicit business enterprise. The controversy around conflict diamonds is reviewed, along with the routines of mining, trafficking, refining and the marketplace. The changing nature of the international diamond market is noted, and the Kimberley Process Certification Scheme is discussed along with its critics. In the final section, we consider the symbolic nature of diamonds and the ideological work that has gone into creating this symbolism. Reports from brokers and traffickers in the diamond market are referred to in support of the proposition that diamond trafficking is framed by participants as ‘just business’.

Transnational Administration of Regional and Global Policies

Transnational administration is the routinization and bureaucratization of global governance. Concepts of transnational administration move beyond methodological nationalism and absolutist understandings of administrative sovereignty vested solely with nation-state authorities to articulate various administrative arenas of global policy. Transnational administration is a new “third scale” of public administration. The first two scales of public administration are national administration, and its internationalization due to globalization, and the international public administration located in the secretariats of international organizations. Transnational administration incorporates nonstate actors in decentralized, devolved, or delegated interactions within and between policy communities operating in global and regional spheres. Organizations such as the Bank of International Settlements, the Kimberley Process, the Global Health and Partnership Model, and Transparency International highlight the actions of transnational administrative actors. Critiques of these and other organizations have raised new concerns about accountability, representation, and transparency.

‘A Rough Trade’? Towards a More Sustainable Minerals Supply Chain

Target 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development. Nevertheless, the inherent vagueness of the notions of transparency and accountability poses difficulties for achieving the target. This is why this article examines how these notions have been conceptualized in international legal discourse and applied in practice. It does so within the context of the trade in natural resources that finance armed conflict, which is considered detrimental to the development opportunities of developing countries. The article examines how two of the most important initiatives in this field, namely the Kimberley Process for the Certification of Rough Diamonds and the oecd Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-affected and High-risk Areas, operationalize transparency and accountability. It posits that both initiatives fall short of establishing full accountability. However, notwithstanding their flaws and limitations, they make a valuable contribution to achieving target 16.6.