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.