Dissertations / Theses on the topic 'Conflict Diamonds'

Established in 2003, the Kimberley Process (KP) is a binding agreement; backed by the United Nations, that unites civil societies, state actors and the diamond industry to safeguard ‘conflict' diamonds from entering legitimate rough diamond trade around the world. The unique international tripartite organization is voluntary but mandates state participants to abide by the Kimberley Process Certification Scheme (KPCS) minimum requirements in order to stem the financing or wars against legitimate governments. This study represents the first to explore the communications within the KP. The linguistic turn relies on Classical rhetoric theory with an emphasis on Aristotle's three appeals of persuasion (“pisteis”): ethos, logos and pathos of elite actors in the KP. As for the precise nature of the contribution to rhetorical analysis, this project is best characterised as an application of Classical principals of rhetorical analysis, rather than as a development of theory. A comprehensive literature review of the KP and KPCS is another distinctive contribution. Furthermore, this academic endeavour offers a unique method as shown in the observation of a KP Intersessional meeting. Supplementing the qualitative inquiry, semi-structured interviews were conducted with all of the KP groups and included a wide sample of civil society international and national non-government organizations, state actors and industry members otherwise not represented in previous empirical efforts on the subject. The data chapters achieve the primary aim to add to the understanding of the KP. Firstly, the civil societies engage in boycott rhetoric using ethos and negative pathos. As for state actors, the KP Chair exhibits charismatic leadership rhetoric, while ‘recognized' established states use logical reasoning, the ‘outlier' states evoke positive pathos. Lastly, the diamond industry experts appeal to negative emotions, the World Diamond Council to logos, and De Beers to positive emotional appeals. Combined, the rhetoric shows (a) how KP rhētors use different rhetorical strategies; (b) which in turn shape distinct discourses; (c) and contain dissimilar claims; (d) points to different motivations; (e) highlight different identities; (f) reveal key characteristics, and; (g) the nature of relationships within the KP. The organization rhetorical analysis also entails how the multiple KP leaders view the KP and KPCS and change. While the rhetoric helps demonstrate the constraints surrounding the KP and KPCS it also underlines the primary human rights and human security in which they all share. This thesis provides an extended critical view of the rhetoric by connecting Aristotelian pisteis with different conceptions of power outlined by French and Raven (1959) and Lukes (2005/1974). Combined, the rhetoric helps to explain the ways the KP attempts to achieve their specific political and economic goals while also building relationships with their stakeholders. Rhetoric is a worthwhile theory and methodological approach in order to explore organizations. The KP, and other international organizations provide an opportune arena for further rhetorical attention.

yes
The last few years have seen the emergence of a series of regulatory initiatives that have been developed, partly in response to the twin agendas of human security and strong states, but which represent a specific reaction to the political economies deemed to underpin contemporary civil conflicts ¿ most notably the way in which local and global markets in everything from diamonds to drugs have been exploited to fund often vicious civil conflicts, particularly in environments characterised by endemic corruption. This new body of local and global regulation, what might loosely be characterised as new laws and new codes to address the political economies of the new wars, include: UN embargoes on diamonds and timber being used to fund conflicts, the development of regimes such as the Kimberley certification system, and initiatives to ensure the transparent and effective use of natural resource revenues. Generally represented as a progressive response to the political economies that drive contemporary civil conflicts, these new initiatives have produced a set of formal and informal regulatory frameworks that are, in fact, profoundly asymmetric in their scope and application. Indeed, one of the defining features of these initiatives is not so much the impartial application of regulations to firms and corrupt elites but either their selective application or, alternatively, their selective relegation in favour of an emphasis on far weaker norms and voluntary codes. The aim of this paper then, is first, to examine the operation of the new codes and regulations in general and to demonstrate the problems in their implementation. Second, the paper will then go onto examine one specific innovation ¿ the Kimberley Certification Scheme designed to prevent the trade in conflict diamonds in order to demonstrate the asymmetries that exist in current regulatory mechanisms designed to introduce ethical markets. It will do this in particular by focussing on the impact of certification for the diamond sector in Sierra Leone. A key argument in this section will be that whilst this new regime for conflict diamonds aims to transform behaviour through transparency and policing, and whilst it appears to have had some success, it has not in fact transformed the conditions that gave rise to the illicit diamond trade in Sierra Leone prior to conflict. Along with the problems inherent in broader development policy on Sierra Leone this raises serious questions. In particular, whilst there may be little short-term risk of conflict, the planned departure of UNAMSIL, continued regional instability, persistent corruption and the failure to fundamentally transform the nature of the diamond market in Sierra Leone, all raise question marks regarding the nature (and indeed sustainability) of the peace that is being created.

Thesis (Ph. D.)--George Mason University, 2007.
Title from PDF t.p. (viewed Jan. 21, 2008). Thesis director: Agnieszka Paczynska Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Conflict Analysis and Resolution. Vita: p. 375. Includes bibliographical references (p. 350-374). Also available in print.

Natural resources as well as mineral resources are one among several important factors needed for the existence of human beings, and many countries which posses few of these resources are likely to improve in development. But the opposite has been seen in many underdeveloped country’s that are rich in natural resources, but they still lack development, and above all they suffer from conflict in their societies.  The aim of this study is to look into the role which diamonds has played in the conflict between Sierra Leonean government and the Revolutionary United Front (RUF). And also to relate the behavior’s of both parties in the 1991 conflict to the issue of greed and grievance in detecting the actual causes. I was able to conclude in my study that diamonds in Sierra Leone was not the main cause of the conflict, but it acted as a propelling factor, due to its ability to prolong the war by generating income for both rebels and government. But grievances emerging from Sierra Leone’s history are more likely to have been the main driving force for the rebellion which took place.

Examples of state and non-state actors collaborating on issues of global politics abound. Non-state actors are increasingly involved in policy formulation processes, in peace-keeping processes, in human rights and environmental issues by advising governments or inter-governmental organisations. This type of collaboration mostly takes place at the discretion of states. However, non-state actors sometimes appear to initiate diplomatic processes. The Kimberley Process is an example of such a case. States and another non-state actor, namely business, were forced to the negotiating table by NGOs who were effectively raising consumer awareness about the role of diamonds in fuelling conflict and who held the power over launching a possible consumer boycott. Polylateralism is a term that was coined to represent the participation of non-state actors in the conduct of international relations. The study uses the Kimberley Process negotiations from 2000 to 2002 as a case study to analyse the dynamics of polylateral diplomacy by examining the nature and form of interaction between the three sets of actors, namely states, civil society and business in order to understand the role played by each group in both agenda setting and rule making, and the extent to which their interactions conform to the central ideas of polylateralism as advanced by international scholars. In so doing the study examines the evolving mode of interaction between states and non-state actors in the Kimberley Process, the ability of non-state actors to influence diplomatic processes, the extent to which states determined the boundaries of non-state diplomatic involvement and, finally, the limitations of polylateral diplomacy. The study concludes that the apparent increase in collaboration between state and non-state actors in diplomatic processes does not constitute a new method of diplomacy and that this will not change until non-state actors have become recognised polities. It also finds that the involvement of non-state actors in diplomacy, particularly as consumers of diplomatic outcomes is likely to become more-and-more prevalent and that professional diplomats, especially those in developing countries, may have to adapt their working methods in order to benefit from this phenomenon by allowing for a more systematic engagement with non-state actors. Finally, it finds that while the Kimberley Process is a good example of the involvement of non-state actors as producers of diplomatic outcomes, this phenomenon is less likely to reoccur and may well be the exception rather than the rule for the foreseeable future.
Dissertation (MDiplomatic Studies)--University of Pretoria, 2011.
Political Sciences
unrestricted

The United States jewelry industry recognized that the illegal import and trade of conflict diamonds is a matter of serious international and national concern, leading to human rights abuse. As such, human rights and conflicts became the primary impetus for establishing the Kimberly Process (KP) and corporate social responsibility (CSR) policies. The purpose of this quantitative study was to investigate the effectiveness of the KP and CSR policies in deterring the use of conflict diamonds in the U.S. jewelry industry. This study was an investigation as to whether conflict diamonds are entering the U.S. jewelry supply chain and a review of the ethics of the U.S. jewelry industry in light of the conflict diamond issue. Conflict theory provided the theoretical framework used to gather data on conflict diamond protocols and on corporate social responsibilities within the U.S. jewelry industry. The sample was composed of 59 randomly selected participants from the U.S. jewelry industry whose opinions were indicative of that industry. Data were analyzed descriptively and inferentially. Multiple statistical tests were used for the data analysis that included regression and the Mann-Whitney U test. The overall results indicated that the KP and the CSR policies were insignificant in deterring the use of conflict diamonds in the U.S. jewelry industry; therefore, the null hypothesis was retained. This study contributed to a better understanding of the ethical dimensions of conflict diamonds and the committed management practices of the U.S. jewelry industry. Positive social change can be realized when respect for fundamental human rights is achieved by the global diamond industry and becomes a requisite foundation for every society to bring an end to the flow of conflict diamonds.

The difficulty of transforming war economies into peace economies has become increasingly problematic in the search for long-term peace and stability in Africa. In many African countries such as Sierra Leone, Angola and the Democratic Republic of Congo, conflict actors have created distinct war economies in order to maintain the conflict in these countries. The enduring nature of the war economies presents a unique challenge to actors involved in ensuring that peace returns to a country by applying a peacebuilding strategy. The economic environment during a conflict has a vast influence on a post-conflict economy and a post-conflict reconstruction strategy. Although post-war rebuilding occurred during the reconstruction of Europe and Japan after the Second World War, the terms "post-conflict peacebuilding" and "post-conflict reconstruction" have only came to prominence during the mid-1990s. Using the case study of Sierra Leone, this study explores the challenge of war economies and its impact on post-conflict reconstruction. Sierra Leone presents an appealing case study as the country experienced a very profitable war economy during the armed conflict in the country between 1991 and 2002, and continues to struggle to transform this war economy into a peace economy. The case study of Sierra Leone is well researched, however, most studies focus on the conflict period, and only briefly look at the post-conflict period. In addition, discussions of post-conflict reconstruction in Sierra Leone have failed to adequately address the challenges presented by the war economy. This study uses existing analyses about the war economy in Sierra Leone, and links these to the current post-conflict reconstruction strategy, focusing specifically on the economic dimension. Therefore, this study represents a departure from traditional approaches to exploring war economies because it considers the direct impact these economic systems have on the process of post-conflict reconstruction.
Dissertation (MA)--University of Pretoria, 2010.
Political Sciences
unrestricted

The objective of this diploma thesis is to bring different views on the issue of resource dependence and the origins of conflicts connected to the diamonds from Sub-Saharan Africa; and to point out on the existence of conflict diamonds and the disinterest of international forum to solve this problem in the present and in the past. The diploma thesis consists of three chapters. First chapter analyses the resource dependence, conflict and the connection between them. Second chapter is focused on the definition of conflict diamonds, international initiatives and Kimberley Process. Third chapter represents the practical part of this diploma thesis, it analyses two conflicts connected to diamonds, the conflict in Angola and in Sierra Leone.

In the first chapter of this dissertation, I consider a recent program crafted in the United States that was designed to undermine violent groups operating in the Democratic Republic of the Congo (DRC). By requiring companies to account for the sources of minerals that could be linked to violent conflict, the effort was an attempt to balance between the adverse impacts of using economic leverage against violent targets abroad and the effectiveness of regulations. The US Congress’s stated ambition was to constrain commerce that supported violence in the DRC, while allowing legitimate production of the regulated minerals to continue. Many observers were skeptical that such a balance could be achieved, and claimed that the rules were a de facto ban on mineral exports from the DRC. I show however that market responses to changes in legislation were not consistent with the view that the US banned the use of regulated minerals from the DRC completely. Because the returns for companies in the US remained responsive to rules issued by the DRC’s Minister of Mines, it is more likely the case that investors expected at least some trade in the regulated minerals to continue. In the second chapter, I focus on regulations and important events relating to the global diamond industry. I investigate the importance of the Kimberley Process Certification Scheme (KPCS) especially, because the organization regulates diamond production and trade in many countries. That industry actors participated in the development of the KPCS caused considerable controversy however, and many critics of the KPCS claimed that it did not go far enough to undermine violence in diamond producing countries. The results I present in the second chapter support the point of view that regulations and events relating to the KPCS had (and may continue to have) a significant impact on diamond markets, but also call into question common descriptions of the diamond industry, and the industry’s relationship to the KPCS. Although it is often argued in the literature that the creation of the KPCS benefited large diamond mining companies, I show that reactions in financial markets were inconsistent with this point of view. I also provide evidence of an important nuance in the relationship between regulations and the diamond industry. Retail companies, including large-scale jewelry companies, experienced abnormally high returns coinciding with events that supported the credibility of the KPCS, while they experienced abnormally low returns for events that called that credibility into question. This suggests that the companies that benefit from the credibility brought by the KPCS are mostly in the retail side of the business, and that such companies have incentives for the Process to at least appear effective in its mission. In the final chapter I analyze factors that predict a country using or threatening to use sanctions against another country. I focus on the extent to which variation in the economic leverage one country has over another leaves a pair of countries more, or less likely to use sanctions. In that framework, I consider several questions that have been posed in the recent literature, and identify a number of characteristics of sending and receiving countries that are strongly predictive of sanction use. I show that countries with large national economies dominate among those that use and threaten to use sanctions, and that smaller economies rarely initiate sanctions against others. The results also show that countries that are poorer are more often targeted with sanctions, and that an ongoing conflict in either a sending or a target country predicts sanction use. The last chapter also shows that many indicators of economic vulnerability, and particularly issues of trade concentration and diversity, play a crucial role in the decision to initiate or refrain from using sanctions. These three chapters taken together provide an empirical investigation into the effects and determinants of sanctions and other forms of coercive economic statecraft. The results contribute to the ongoing discussion over how best to understand economic sanctions and similar programs in the current policy environment.

MA
Thesis (MA (Political Science))--University of Stellenbosch, 2010.
ENGLISH ABSTRACT: Consumers are gradually becoming influential actors in the international arena. The 21st century consumer has taken on a new identity, namely that of a citizen-consumer. A rising awareness of the importance of ethical purchasing behaviour has made political citizen-consumers a vehicle through which change in normative behaviour in the capitalist world economy could be attained. Activists have realised the support that political consumers could give to campaigns that strive to achieve norm change. Consumers have the power to hold multinational corporations (MNCs) accountable for unjust practices, and through their purchasing decisions, pressure MNCs to change the manner in which they operate. In order to determine to what extent political consumerism could contribute to international norm change, one has to understand how norms emerge, when norms are accepted and at which point norms become internalised. The theoretical framework of the life-cycle of norms is ideal to test the possibilities that political consumerism holds in the quest for norm change. The application of norm life-cycle framework to case studies provides evidence that political consumerism has already announced itself as a vehicle for change. Campaigns such as the conflict diamonds campaign and the Fair Trade movement have already successfully co-opted consumers to support the goals of these campaigns and have achieved some results in changing the behaviour and policies of MNCs. Political consumers have therefore already embarked on the journey towards norm change, but have not yet been able to bring the norm to internalisation. The study determines which stage in the norm life-cycle political consumerism has managed to reach. Related to this, it asks whether it is in fact possible for activists and political consumers to complete the norm life-cycle and thereby effect norm change to enhance capacity for social justice in capitalism. The study also concerns itself with the persuasion strategies that have been used and could still be used by activists to pursue change in the normative behaviour of consumers and MNCs. Persuasion is central to convincing actors to accept and internalise a new norm. The study situates these persuasion strategies within the norm life-cycle, in order to identify the challenges facing the consumer movement and possible solutions to assist political consumerism to reach its full potential.
AFRIKAANSE OPSOMMING: In die internasionale arena het verbruikers gaandeweg die rol van invloedryke akteurs begin aanneem, naamlik dié van burgerlike-verbruikers. ‘n Toenemende bewustheid van die belangrikheid van etiese aankope het gedurende die 21ste eeu die politieke burgerlike-verbruiker in ‘n akteur omskep, wat normatiewe verandering in die kapitalistiese globale ekonomie te weeg kan bring. Aktiviste het besef dat politieke verbruikers steun aan veldtogte kan verleen wat na norm verandering streef. Omdat verbruikers oor die vermoë beskik om multi-nasionale korporasies (MNKs) vir onregverdige gebruike aanspreeklik te hou deur aankoop besluite, kan hul sodoende MNKs dwing on hul gebruike te verander. ‘n Begrip van die ontstaan en aanvaarding van norme, kan ook help om vas te stel tot watter mate politieke verbruiking tot internasionale norm verandering bydra. Die teoretiese raamwerk van die lewens-siklus van norme is ideaal om die potensiaal van politieke verbruiking te toets. Die toepassing van die norm lewens-siklus op gevallestudies bewys dat politieke verbruiking alreeds as ‘n middel vir verandering uitgekristaliseer het. Veldtogte, soos die konflik diamante veldtog en die “Fair Trade” beweging, het alreeds daarin geslaag om verbruikers te werf om die doelwitte van hierdie veldtogte te steun. Hierdie veldtogte het sodoende daarin geslaag om die verandering van MNKs se gedrag en beleid te bewerkstellig. Politieke verbruikers het hul reeds met die veldtog geassosieer om norm-verandering te laat plaasvind. Die studie het bepaal watter stadium in die norm lewens-siklus politieke verbruiking reeds bereik het, asook of dit moontlik vir aktiviste en verbruikers is om die siklus te voltooi en norm-verandering te laat plaasvind. Hierdie norm-verandering sal ook die vermoë vir die sosiale regverdiging van die kapitalistiese stelsel verbeter. Die studie het ook die aktiviste se oorredingstrategië uiteengesit, asook watter strategië in die toekoms kan gebruik word om die normatiewe gedrag van verbruikers en MNKs te verander. In die aanvaarding van nuwe norme speel oorreding ‘n belangrike rol. Die studie plaas daarom hierdie oorredingstrategië binne die norm lewens-siklus, sodat dit die uitdagings kan identifiseer wat die verbruikers-beweging in die gesig staar. Dit sal daarom vir die studie moontlik maak om werkbare opplossings voor te stel, wat politieke verbruiking tot sy volle potensiaal kan voer.

Thesis advisor: James Cronin
The Northern Ireland conflict has often been viewed as parochial, closed off from the currents of international opinion and foreign influence. Yet nationalists, unionists, and pacifists consistently recruited supporters and confronted their adversaries on an international stage. The relative success or failure of these groups within the Northern Ireland political system was based in large part on their ability to navigate the changing global context. This dissertation demonstrates that to understand the development of the conflict and that of the peace process, it is necessary to take a comprehensive look at the role of the international community. The conflict in Northern Ireland was fundamentally international from its inception in the late 1960s and grew increasingly so over the next thirty years. Many of the ideas that motivated the groups involved in the Northern Ireland conflict were global in nature and origin, as were the institutions and organizations that became important players in the conflict and its resolution. Given that international ideas, institutions, and organizations were so central in forming the contours of the conflict, the conflict must be analyzed within a framework of international history
Thesis (PhD) — Boston College, 2011
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: History

Les guerres civiles en Afrique sont multiples, désastreuses et multicausales. Cependant les analyses privilégient fréquemment les causes identitaires liées à l‟ethnique ou à des faits historiques. Il est proposé ici, une analyse différente par une approche économique. Si au sens de l‟économie classique ou néoclassique, les ressources naturelles sont une dotation constituant un avantage absolu ou comparatif, en Afrique, elles contribuent à alimenter les guerres intra-étatiques pénalisant ainsi tout effort de développement. L‟exploitation d‟uranium au Niger, loin de permettre une performance économique grâce aux revenus qu‟elle génère, représente a contrario une double source de « malédiction » : Conforme au « syndrome hollandais » accompagné de la médiocrité économique qui le caractérise mais constitue également un enjeu autour duquel se fonde la rébellion armée
The civil wars in Africa are multiple, disastrous and multicausal. However analyses privilege frequently the identical causes connected to the ethnic or to the historic facts. It is proposed here, a different analysis by an economic approach. If in the sense of the classic or neo-classic economy, natural resources are an endowment constituting an absolute or comparative advantage, in Africa, they contribute to feed the intra-state wars punishing any effort of development. The exploitation of uranium in Niger, far from allowing an economic performance thanks to the income which it generates, represents a double source of "curse": in compliance with the "dutch disease" accompanied with the economic mediocrity which characterizes it but also constitutes a stake in which bases the armed rebellion

Over the course of the 2007/2008 school year, I visited three classrooms to investigate the effectiveness of Augusto Boal’s drama method, Image Theatre, with elementary-aged students. In Image Theatre, the practitioners and students use their bodies to create frozen images, which in turn become the focus of collaborative meaning- making. I applied the reflective practitioner methodology in my work as it allowed me to adapt to the rapidly altering situations that arise in elementary classrooms. Through reflecting on my interactions with students, I refined a set of teaching techniques that worked best to integrate Image Theatre into the classroom and ultimately into the curriculum. My research provides a qualitative analysis of the power of Image Theatre to foster student dialogue, develop empathic learning, and introduce conflict awareness techniques. My thesis highlights some specific exercises and theoretical frameworks that guided my work and produced the most effective results. The effects of applying Image Theatre to elementary-aged classrooms has not been extensively studied in the past and my research attempts to address this academic gap. It is my hope that future researchers will adapt my activities and further demonstrate the capacities of this theatre technique. Ultimately, I hope that Image Theatre methods can find a place in standard curricula.

In recent years consumers, NGOs, and governments alike have become increasingly concerned about the problem of `conflict¿ or `blood¿ diamonds in relation to on-going armed conflicts in Angola, Sierra Leone, and the Democratic Republic of Congo (DRC). Allegations by NGOs, governments and the UN that many conflicts are fuelled by illicit exports of diamonds have begun to be acknowledged by the diamond industry. Diamonds, and the money they generate, have been used to purchase arms, ammunition, uniforms and other equipment, as well as to pay soldiers and to cultivate strategic alliances for those armed groups in control of territory rich in this lucrative resource. This has facilitated the intensification and protraction of violent conflicts in Africa. Additionally, the wealth to be gained from the illicit extraction and sale of diamonds has contributed to the prominence of economic agendas in many civil wars that motivate faction leaders to continue the conflict in order to protect their businesses.1 For example, the Angolan rebel group UNITA (União Nacional para a Inedepência Total de Angola) is believed to have received US$3.7 billion in a six year period during the 1990s - a far greater amount than the foreign aid received from patrons like the United States and South Africa during the Cold War. This money has both funded large scale arms purchases and swelled the personal coffers of UNITA leaders, thereby contributing to the intransigence of those leaders in agreeing and implementing peace and facilitating continued violence.2 In Sierra Leone the Revolutionary United Front (RUF) has funded its arms acquisitions with illicit diamond revenues and the extraction of diamonds is seen as one of the main factors behind the lack of implementation of the Lomé peace accord and the subsequent resurgence of violence. In the Democratic Republic of Congo (DRC) both the government and rebel forces have financed their war efforts through the diamond trade, as have some of the intervening regional powers. As a result the fighting around diamond rich areas and trading centres has been particularly intense. For example, in spite of a unilateral ceasefire declared by Rwanda on the 29th of May 1999, it is believed to have sent 7,000 fresh troops to the DRC in June as the battle for the diamond rich area of Mbuji-Mayi escalated. However the prominence of `conflict diamonds¿ in the policy discourse related to these conflicts and their resolution has served to obscure a range of other issues which are equally, if not more, central to finding lasting solutions to these wars. In spite of the fact that the arms flows which sustain these conflicts are only partly financed by `conflict diamonds¿ they are often only mentioned as one aspect of the illegal diamond trade rather than as a core issue. Even more concerning, perhaps, is that the discourse of `greed¿ rather than `grievance¿ as the foundation and driving force of conflicts obscures the complexity of political, social, and other economic dimensions of these wars. Thus, while efforts to reduce the conflict diamond trade may be an essential element of the resolution of these conflicts, other factors of potentially greater import are pushed down the agendas of many of the governments and NGOs whose input into those processes may be the key to success. In short, therefore, the issue 2 of conflict diamonds is one aspect of the complex dynamics and processes of ongoing African conflicts, not vice-versa.

碩士
國立中興大學
科技法律研究所
99
The issue of conflict diamonds has not only caused political turmoils in Africa, but also conscience struggling in the western world. To resolve the problem and faci-litate the trade in diamonds, the Kimberley Process Certification Scheme (KPCS) was developed by the diamonds industry and endorsed by the United Nations as well as the World Trade Organization. It seems as if the international society has once again successfully dealt with the problem. This thesis is an attempt to analyse the KPCS from a socio-legal perspective. It is argued that the operation of the KPCS, which has flaws in its definition and the implementing process, was very much con-ditioned by international political and economic factors to the extent that only limited success could be achieved. Although national laws to enforce the KPCS can be found, ironically they have further exacerbated trade in conflict diamonds. The interna-tional community still needs to form a political and economic power to solve this long standing problem. Democracy and the market need to be upheld by specific and influential laws.

The Kimberley Process Certification Scheme was born out of international security concerns triggered by rebel groups that were using the proceeds of rough diamonds to fund conflict. Rebel groups used rough diamonds, acquired through gross human rights abuses, to fund conflicts aimed at overthrowing legitimate governments. The situation was particularly calamitous and ruinous in Angola, Sierra Leone, Liberia and the Democratic Republic of the Congo. In response to this situation a unique coalition of governments, civil society groups and stakeholders in the diamond industry, came together with the support of the United Nations and established a scheme to separate illicitly acquired diamonds from legally traded diamonds. The historical situation at the time allowed the KPCS to define conflict diamonds as "rough diamonds used by rebel movements or their allies to finance conflict aimed at undermining legitimate governments". However, the exploitation of Marange diamonds in Zimbabwe shows that the use of the proceeds of so-called conflict in diamonds is not limited to rebel movements aiming to wield power but such conflict can be political, economic and military in nature. In Zimbabwe, there was a link between human rights abuses and the ZANU PF led government. ZANU PF financed terror using Marange diamonds. There was international dissatisfaction with the way the KPCS scheme certified Marange diamonds. The USA maintained sanctions on Zimbabwe and Global Witness withdrew from the scheme in protest over the refusal of the scheme to evolve. On the other hand, some participant countries applauded the scheme for its work in certifying Marange diamonds. This study evaluates the efficacy of the scheme in curbing conflict diamonds brought into legal trade by legitimate governments. The study concludes that there is need for reform in the KPCS to successfully separate conflict diamonds from clean diamonds in the face of changing forms of conflict. In meeting its objective, the KPCS applies an exclusion mechanism where participants of the scheme do not trade with non-participants. The World Trade Organisation (WTO) rules prohibit discrimination amongst participants and the KPCS clearly violated this rule. Scholars have debated human rights exceptions in the General Agreement on Tariffs and Trade (GATT). There is strong legal support for the idea that the KPCS is justified under GATT article XX and XI. The KPCS is presently operating under a waiver granted from by the WTO under article IX (3) and (4). Another challenge the scheme faces is the legal nature of the scheme. Scholars do not agree on whether to classify the scheme as hard law or soft law. There is a need for clarity on the legal nature of the scheme.
LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

Diamonds have played a dual role in society since their discovery. On the one hand, they have brought smiles to the faces of many exhibiting love, beauty, wealth and brilliance. On the other hand, they have been at the heart of many conflicts. This juxtaposition has different impacts in usage. For those whom diamonds were a positively and morally accepted benefit, it did not present problems. Where diamonds spurned conflicts, it caused harm to lives and territories. Human rights abuses became the cause of international conflicts. Humanitarian interventions appeared on the United Nations Security Council agenda. The United Nations had to address the human rights abuses and had to confront the escalation of human rights abuses. Human rights abuses reached significant proportions forcing the application of humanitarian intervention mechanisms. Control of the diamond trade industry was fast becoming an item on many international peace keeping agendas. International organisations such as the World Trade Organisation, the International Criminal Court, the African Union, the European Union, the World Diamond Council and the United Nations have all tried to influence the diamond trade and its consequential impact upon human rights. These organisations are regulated by law, making them a preferred mechanism for establishing accountability for human rights abuse, arising from the illegal trade in rough diamonds and the maintenance of peace and security.Pressed by the United Nations and, De Beers; NGOs; the Partnership Africa Canada and Global Witness; the World Diamond Council; and many States initiated a formalised voluntary international certification scheme for the export and import of diamonds. Thisinternational certification scheme for the trade of rough diamonds became known as the Kimberley Process Certification Scheme. The Kimberley Process Certification Scheme has been hailed as a milestone in the diamond trade industry. Simultaneously, the Certification Scheme has been criticised for its inefficacy in regulating the legitimate trade of rough diamonds. Whether the Certification Scheme in its present form is suitable to address the crisis in the trade of rough diamonds is central to this study. Thus, the characterisation, monitoring, implementation and evolution of the Kimberley Process Certification Scheme will be examined.
Jurisprudence
LLD

Diamonds have played a dual role in society since their discovery. On the one hand, they have brought smiles to the faces of many exhibiting love, beauty, wealth and brilliance. On the other hand, they have been at the heart of many conflicts. This juxtaposition has different impacts in usage. For those whom diamonds were a positively and morally accepted benefit, it did not present problems. Where diamonds spurned conflicts, it caused harm to lives and territories. Human rights abuses became the cause of international conflicts. Humanitarian interventions appeared on the United Nations Security Council agenda. The United Nations had to address the human rights abuses and had to confront the escalation of human rights abuses. Human rights abuses reached significant proportions forcing the application of humanitarian intervention mechanisms. Control of the diamond trade industry was fast becoming an item on many international peace keeping agendas. International organisations such as the World Trade Organisation, the International Criminal Court, the African Union, the European Union, the World Diamond Council and the United Nations have all tried to influence the diamond trade and its consequential impact upon human rights. These organisations are regulated by law, making them a preferred mechanism for establishing accountability for human rights abuse, arising from the illegal trade in rough diamonds and the maintenance of peace and security.Pressed by the United Nations and, De Beers; NGOs; the Partnership Africa Canada and Global Witness; the World Diamond Council; and many States initiated a formalised voluntary international certification scheme for the export and import of diamonds. Thisinternational certification scheme for the trade of rough diamonds became known as the Kimberley Process Certification Scheme. The Kimberley Process Certification Scheme has been hailed as a milestone in the diamond trade industry. Simultaneously, the Certification Scheme has been criticised for its inefficacy in regulating the legitimate trade of rough diamonds. Whether the Certification Scheme in its present form is suitable to address the crisis in the trade of rough diamonds is central to this study. Thus, the characterisation, monitoring, implementation and evolution of the Kimberley Process Certification Scheme will be examined.
Jurisprudence
LLD

Diamonds are a symbol of love, purchased to celebrate marriage in many parts of the world. It is, therefore, a dark irony that the diamond trade has become linked with both warfare and human rights violations committed in African producer countries such as Sierra Leone and Angola. Graphic accounts of murder and mayhem, fuelled by the diamond black market, continue to emerge from the Democratic Republic of Congo, Cote d'Ivoire, Zimbabwe, and Angola, posing an existential threat to the multi-billion dollar industry. These human rights violations fall under the legal categories of war crimes, crimes against humanity and genocide, the most serious crimes under international law. In response to the grim reality of the blood diamonds trade, De Beers and other major corporate players joined with non-governmental organisations and national governments to create the Kimberley Process Certification Scheme in 2002. The objective of the Kimberley Process is to distinguish the legitimate rough diamond trade from the trade in diamonds linked to serious human rights abuses, known as 'conflict diamonds' or 'blood diamonds'. It involves a system of export and import certificates attesting to the 'clean' character of the rough diamonds traded, and is backed up by a peer review system to monitor compliance. The Kimberley Process has been supported through the regulatory action of national governments at the domestic level, as well as the United Nations Security Council and the International Criminal Court internationally. The first research question considered by this thesis is: (1) to what extent has the conflict diamonds governance system achieved its objectives? In response, it can be said that the conflict diamonds governance system has made significant progress in its core mandate. The quantity and value of the international legitimate diamond industry, once the very paradigm of secrecy, has become more transparent through publicly available Kimberley Process statistics. Based on these statistics, the Kimberley Process estimates that the blood diamond trade now constitutes less than one per cent of the world's rough diamond trade. However, it has not always been smooth sailing for the Kimberley Process, which has recently arrived in particularly stormy waters. The integrity of the system has been endangered by the seeming inability of the Kimberley Process to take appropriate action in the face of serious non-compliance by three important national government stakeholders, Venezuela, Zimbabwe and Angola. In short, commentators are asking whether the Kimberley Process 'lion' has forgotten how to 'roar'. The second research question is: (2) does an application of the networked pyramid regulatory model to the system provide descriptive or normative insights into its effectiveness? In considering both the relative success, and the current challenges facing the conflict diamonds governance system, important insights may be gained by looking at the system with reference to the networked pyramid regulatory model. Before applying the model the thesis suggests a modification, dubbed the 'dual' inetworked pyramid model', whereby the micro-regulatory system at the national level is seen as a networked pyramid within the greater networked pyramid of the international system. The relative success of Kimberley to date, when analysed against this theoretical hybrid of network and pyramid models, is largely linked to its self-conscious incorporation of insights from network theory. At the international level, the Kimberley Process can be seen as the central node, or command-centre, in which information is gathered, and regulatory action coordinated, from networks of corporations, national governments and non-government organisations. Its relative success to date can largely be attributed to a process of socialisation whereby big business as well as most national governments have become its key supporters. It is, however, in the theoretical domain of the regulatory pyramid that the Kimberley Process might find a way out of its current deadlock. Pyramid theory recognises the primacy of soft power, such as dialogue and socialisation, but demands escalation to more coercive measures where regulated parties are unresponsive or recalcitrant. It is suggested that improved procedures for managing 'serious non-compliance', combined with an agreed pathway to expulsion from the Kimberley Process in such cases, would bring the KP into better alignment with the pyramid model and help it to move out of the log jam in which it currently finds itself. Furthermore, a more defined pathway of escalation to the United Nations Security Council and the International Criminal Court would bolster the ongoing efficacy of the conflict diamonds governance system. A recommended mechanism for doing this would be to amend the Statute of the International Criminal Court to include a crime of trafficking in conflict diamonds, to be defined in terms of contravening a UNSC diamond embargo. Beyond breaking the current deadlock, the KP has an opportunity to reinvent itself by embracing the concept of 'development diamonds'. First suggested by NGOs, this label might be applied to diamonds from the informal sector which are not merely free from the taint of international crime, but also comply with other human rights standards, most notably freedom from child labour. A further modification to the 'dual networked pyramid model', assisted by insights from the 'pyramid of rewards' theoretical model, reveals that the KP has the chance to systematically ratchet up human rights, health, safety and environmental standards in the artisanal sector, thereby buttressing the industry against the return of blood diamonds.

碩士
輔仁大學
財經法律學系
96
International trade has become a very important part in our daily life. Trade rules, which aimed at liberalizing or regulating international trade in so many areas, are almost bound to impact on a number of non-trade issues, including human rights. Ever since the adoption of General Agreement on Tariffs and Trade in 1947 and the Universal Declaration of Human Rights in 1948, each of them evolved in their own and distinctive ways, with their own logic and institutions. Although human rights and international trade are two important fields nowadays, the connection between them has rarely been noticed until recently years. Since both trade regulation and human rights have strongly contributed to the development of international law, the debates on both are complicated. It addresses a multitude of different problems. For many decades, the legal relationship between human rights and international trade may be described as a matter of co-existence. Interactions have existed since their inception, but remained marginal or largely ineffective. There are vast range of human rights issues that could be discussed with regard to international trade law system. Conflict diamond is only one of them, which can clearly expound the relationship between both trade and human rights. In the case of trade restriction seems clear that such measures should not be able to successfully challenge through World Trade Organization, but the waiver granted to the Kimberley Process Certification Scheme does show the capacity of WTO to be institutionally sensitive to efforts to protect and promote human rights. This thesis tries to connect human rights and international trade and to proof both of them are the necessary to maintain human dignity.