WHY THE KIMBERLY PROCESS DOES NOT WORK AND WHAT THE COMING FIGHT OVER MAN-MADE DIAMONDS MEANS FOR THE FUTURE OF BLOOD DIAMONDS

Abstract: This thesis analyzes blood diamonds and the human rights issues surrounding them. The problems they pose and the promises and limitations of the Kimberly Process are covered along with the development and future impact of man-made diamonds on the demand side of the blood diamond problem. There are two main sections--the first covers blood diamonds and the second man-made diamonds. The introduction sets for the nature of the problem--what are blood diamonds and what has been done about them. In section 2, I discuss possible ways to reform or improve the Kimberly Process, which the current method by which the world tries to limit the trade in and impact of these stones. Section 3 covers human rights and related problems that the Kimberly Process does not address. So even if it were reformed to work as intended, those intentions do not cover all sorts of problems related to the diamond industry that go beyond the issue of blood diamonds. Section 4 discusses the possible connections between the trade in blood diamonds and terrorism. As terrorism is the hot issue of the day and one that the U.S. as the sole remaining superpower is anxious to address, such a connection could impact how seriously this problem is taken. An overview to man-made diamonds, their past and their present is contained in Section 5. Section 6 delves into the possibilities offered by the future technological advances stemming from cheaper and better production of diamonds. This is necessary background to understanding some of the potential patent issues that will come up later. Section 7 covers how man-made diamonds are distinguished from natural ones. Section 8 raises the spectre of De Beers and its efforts to patent diamond making technologies, perhaps so as to lock up such inventions. The possibilities contained in the TRIPS agreement regarding compulsory licenses are covered here. Section 9 goes over the trademark like issues surrounding what label gets attached to man-made diamonds. The fight over labelling may well determine the future of this nascent enterprise. Finally, Section 10 presents a short conclusion to this paper.