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Unpublished Paper
But is it law? An Analysis on the Legal Nature of the Kimberley Process Certification Scheme on Conflict Diamonds and its Treatment of Non-state Actors
ExpressO (2007)
  • Kimberly J Curtis
Abstract

In 2003, faced with the growing problem of illicit diamonds funding conflict and human rights abuses in Africa, representatives from states, the diamond industry and civil society formed the Kimberley Process Certification Scheme to regulate the flow of the so-called conflict diamonds. Since then, the agreement has developed into an authoritative legal agreement and enforceable regime. It demonstrates an example of a soft law agreement that through state practice, has been elevated to a higher level of obligation in international law.

The Kimberley Process also illustrates a growing trend in international law to incorporate non-state actors, particularly multinational corporations, into the realm of international law. Although far from legally binding, the Kimberley Process presents a scheme where the commitments of the diamond industry can be enforced, and potentially regulated. This may open the door to new approaches regarding the obligations and liability of non-state actors in the wider context of international law.

Keywords
  • international law,
  • soft law,
  • customary law,
  • Kimberley Process Certfication Scheme,
  • conflict diamonds,
  • blood diamonds,
  • resource trade
Disciplines
Publication Date
May, 2007
Citation Information
Kimberly J Curtis. "But is it law? An Analysis on the Legal Nature of the Kimberley Process Certification Scheme on Conflict Diamonds and its Treatment of Non-state Actors" ExpressO (2007)
Available at: http://works.bepress.com/kimberly_curtis/1/