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Document Type

Note

Publication Date

Summer 2013

Publication Citation

20 Indiana Journal of Global Legal Studies 1425 (2013)

Abstract

Oversight of the multi-billion dollar global diamond trade involves state actors, multinational corporations, and sophisticated civil society groups operating under the umbrella of the Kimberley Process. This unique tripartite governance structure created an opportunity for the parties to develop a system in which conflict diamonds could not enter the stream of commerce, transparency would be institutionalized, and governments and industry participants would be held to account. Yet, the successes of the Kimberley Process are increasingly jeopardized by an overly statist approach that has led to subjugation of the participating nongovernmental organizations. This note argues that for the Kimberley Process to regain its legitimacy, it must reform by recommitting to civil society's central role, increasing transparency within the diamond industry, and refusing to shield governments from enforcement of its rules.

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