Pub Date : 2022-09-12DOI: 10.1163/15718069-bja10073
Anders Ahnlid
This article focuses on how Sweden, as a member of the European Union, has acted as a broker between the conflicting justice notions of developing and developed WTO members. Drawing on the author’s experiences as a participating Swedish trade negotiator, the article concentrates on selected Swedish actions and measures taken between the inception of the WTO in 1995 and 2008, when the latest, and probably also last, full attempt to move the Doha round to a close ended in failure. Have the measures taken contributed to a reduction of the conflicting justice notions, and if so, how has this impacted on the process and the outcome? In addition, the article examines the question of how the pursuit of justice, and the management of conflicting justice notions, can aid practitioners to set up more efficient negotiation processes which lead to higher quality and more durable outcomes.
{"title":"Conflicting Justice Notions in the World Trade Organization: Sweden as a Broker","authors":"Anders Ahnlid","doi":"10.1163/15718069-bja10073","DOIUrl":"https://doi.org/10.1163/15718069-bja10073","url":null,"abstract":"\u0000This article focuses on how Sweden, as a member of the European Union, has acted as a broker between the conflicting justice notions of developing and developed WTO members. Drawing on the author’s experiences as a participating Swedish trade negotiator, the article concentrates on selected Swedish actions and measures taken between the inception of the WTO in 1995 and 2008, when the latest, and probably also last, full attempt to move the Doha round to a close ended in failure. Have the measures taken contributed to a reduction of the conflicting justice notions, and if so, how has this impacted on the process and the outcome? In addition, the article examines the question of how the pursuit of justice, and the management of conflicting justice notions, can aid practitioners to set up more efficient negotiation processes which lead to higher quality and more durable outcomes.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46043126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-12DOI: 10.1163/15718069-bja10070
I. Zartman
Conflict over justice is the basis of negotiation, as the parties search for an outcome that is just enough, both to be preferable to their initial, but unilaterally unreachable, priorities and to the alternative of continued conflict. They do this in preparation for negotiating the exchange or division of items contested between them; the parties come to an agreement on the notion of justice that will govern this disposition. If they do not, the negotiations will not be able to proceed to a conclusion. Conflicting notions of justice act as a substantive veto on agreement and must be coordinated and accepted as the first stage of negotiation. The resulting notion of justice constitutes a formula, general principles defining the nature of the process, including the nature of the problem and the terms of trade. Ten historical cases are considered.
{"title":"Justice in Negotiating: How and Where to Find It and Use It","authors":"I. Zartman","doi":"10.1163/15718069-bja10070","DOIUrl":"https://doi.org/10.1163/15718069-bja10070","url":null,"abstract":"\u0000Conflict over justice is the basis of negotiation, as the parties search for an outcome that is just enough, both to be preferable to their initial, but unilaterally unreachable, priorities and to the alternative of continued conflict. They do this in preparation for negotiating the exchange or division of items contested between them; the parties come to an agreement on the notion of justice that will govern this disposition. If they do not, the negotiations will not be able to proceed to a conclusion. Conflicting notions of justice act as a substantive veto on agreement and must be coordinated and accepted as the first stage of negotiation. The resulting notion of justice constitutes a formula, general principles defining the nature of the process, including the nature of the problem and the terms of trade. Ten historical cases are considered.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46369097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-12DOI: 10.1163/15718069-bja10072
Alexandra K. McAuliff
Since the passage of UNSCR 1325, women’s formal inclusion in peace negotiations has been advocated as a means to pursue gender equality and improve peace outcomes. A narrow focus on inclusion and the embodied presence of women, however, does not address the gendered hierarchies embedded within negotiations. This article highlights how gender functions as a power structure that normalizes masculinity as the operating standard within the practice of peace negotiations. By focusing on the centrality of militarization and masculinity to liberal peacebuilding, I suggest three ways negotiations function as patriarchal institutions: the issues centered as essential peace components; the types of violence that “count” as conflict-related; and the actors deemed legitimate for inclusion. While inclusion is a critical aspect of improving gendered peace outcomes, attention to gendered bodies must include recognition of gender as an analytical category that shapes not just who is included but how the process is built.
{"title":"Peace Negotiations as Sites of Gendered Power Hierarchies","authors":"Alexandra K. McAuliff","doi":"10.1163/15718069-bja10072","DOIUrl":"https://doi.org/10.1163/15718069-bja10072","url":null,"abstract":"\u0000Since the passage of UNSCR 1325, women’s formal inclusion in peace negotiations has been advocated as a means to pursue gender equality and improve peace outcomes. A narrow focus on inclusion and the embodied presence of women, however, does not address the gendered hierarchies embedded within negotiations. This article highlights how gender functions as a power structure that normalizes masculinity as the operating standard within the practice of peace negotiations. By focusing on the centrality of militarization and masculinity to liberal peacebuilding, I suggest three ways negotiations function as patriarchal institutions: the issues centered as essential peace components; the types of violence that “count” as conflict-related; and the actors deemed legitimate for inclusion. While inclusion is a critical aspect of improving gendered peace outcomes, attention to gendered bodies must include recognition of gender as an analytical category that shapes not just who is included but how the process is built.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48143795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-31DOI: 10.1163/15718069-bja10075
B. Spector
Advances in information technology (IT) have not only become the subject of international negotiation, but also an important channel by which the international negotiation process operates. International agreements have been negotiated to regulate and govern e-commerce, technology transfer, cybersecurity, and electronic communications. As well, IT applications using the internet offer a vehicle for real-time cyber diplomacy, especially when parties cannot gather face-to-face. IT-based analytical tools have also been developed to enable negotiators to better analyze the context and their options for upcoming talks, in addition to testing and simulating the possible implications of alternate strategies and tactics. This thematic issue of International Negotiation updates earlier studies, addressing the impact of IT on negotiation from various angles.
{"title":"International Negotiation and Information Technology","authors":"B. Spector","doi":"10.1163/15718069-bja10075","DOIUrl":"https://doi.org/10.1163/15718069-bja10075","url":null,"abstract":"\u0000Advances in information technology (IT) have not only become the subject of international negotiation, but also an important channel by which the international negotiation process operates. International agreements have been negotiated to regulate and govern e-commerce, technology transfer, cybersecurity, and electronic communications. As well, IT applications using the internet offer a vehicle for real-time cyber diplomacy, especially when parties cannot gather face-to-face. IT-based analytical tools have also been developed to enable negotiators to better analyze the context and their options for upcoming talks, in addition to testing and simulating the possible implications of alternate strategies and tactics. This thematic issue of International Negotiation updates earlier studies, addressing the impact of IT on negotiation from various angles.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49391899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-18DOI: 10.1163/15718069-bja10067
G. Faure
China does not have a unified and consistent ethical understanding. Ethics have to be mostly conceived and applied in personal terms. At the negotiation table, parties bring their own moral principles and values from their cultural background, education, and experience. Justice principles anchored in Chinese moral philosophy clearly take precedence over legal justice principles. For a Chinese negotiator, striking a deal is a process of balancing between two contradictory sets of values: Confucius’ notions of rightness, and those of modern distributive (and procedural) justice. Now, distributive justice implies a whole range of criteria, such as rewards according to efforts, merits, and contribution, as well as need. Equality is still not on the Chinese justice agenda. Fairness has to find its own way between guanxi requirements, traditional nepotism, the influence of symbols, propitious numbers, references to ancestors, feng shui, and astrology.
{"title":"Negotiating in China: Principles of Justice","authors":"G. Faure","doi":"10.1163/15718069-bja10067","DOIUrl":"https://doi.org/10.1163/15718069-bja10067","url":null,"abstract":"\u0000 China does not have a unified and consistent ethical understanding. Ethics have to be mostly conceived and applied in personal terms. At the negotiation table, parties bring their own moral principles and values from their cultural background, education, and experience. Justice principles anchored in Chinese moral philosophy clearly take precedence over legal justice principles. For a Chinese negotiator, striking a deal is a process of balancing between two contradictory sets of values: Confucius’ notions of rightness, and those of modern distributive (and procedural) justice. Now, distributive justice implies a whole range of criteria, such as rewards according to efforts, merits, and contribution, as well as need. Equality is still not on the Chinese justice agenda. Fairness has to find its own way between guanxi requirements, traditional nepotism, the influence of symbols, propitious numbers, references to ancestors, feng shui, and astrology.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42924192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-18DOI: 10.1163/15718069-bja10062
Paul Meerts
The notion of justice is a vital element in international negotiation training especially if the participants are from the political and diplomatic realms. This is the case not only because trainees need to be aware of existing judicial organizations, but foremost, because of the role that fairness plays in helping negotiation processes develop and conclude agreements that are then implemented successfully. Unfair outcomes are normally ineffective. This article highlights the role of justice in a training environment of growing complexity. It deals with simple bilateral exercises, as well as negotiations that involve constituencies and mediators, multiparty bargaining situations, and complex multilateral diplomatic conferences. Justice in the training environment touches upon issues like positions and interests, power and influence, strategy and tactics, skills and styles, culture and emotions, and above all, on actors and processes in the context of politics, diplomacy and history.
{"title":"Justice in International Negotiation Training","authors":"Paul Meerts","doi":"10.1163/15718069-bja10062","DOIUrl":"https://doi.org/10.1163/15718069-bja10062","url":null,"abstract":"The notion of justice is a vital element in international negotiation training especially if the participants are from the political and diplomatic realms. This is the case not only because trainees need to be aware of existing judicial organizations, but foremost, because of the role that fairness plays in helping negotiation processes develop and conclude agreements that are then implemented successfully. Unfair outcomes are normally ineffective. This article highlights the role of justice in a training environment of growing complexity. It deals with simple bilateral exercises, as well as negotiations that involve constituencies and mediators, multiparty bargaining situations, and complex multilateral diplomatic conferences. Justice in the training environment touches upon issues like positions and interests, power and influence, strategy and tactics, skills and styles, culture and emotions, and above all, on actors and processes in the context of politics, diplomacy and history.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45093117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.1163/15718069-bja10065
Rami Goldstein
The Palestinian refugee problem is considered one of the most intractable and complex issues surrounding the Israeli-Palestinian conflict. This article examines the gaps between Israel and the Palestinians concerning the Palestinian refugee problem and considers whether back-channel diplomacy can help promote possible lasting solutions. To answer this question, several sets of peace negotiations are presented that involved back-channel communications and offered possible solutions to the problem. These include the Camp David II summit in 2000 (including the Taba talks of 2001), the intensive back-channel negotiations between Israeli Prime Minister Ehud Olmert and the Palestinian Authority Chairman Abu-Mazen (2006–2008) ongoing when the 2007 Annapolis Conference was held, and the Kerry Proposals of 2016. The main argument is that back-channel negotiations may contribute to a solution to conflicts involving issues of human dignity and responsibility, like the issue of the Palestinian refugees.
{"title":"The Palestinian Refugee Problem: Theory and Practice in Light of Back-Channel Negotiations","authors":"Rami Goldstein","doi":"10.1163/15718069-bja10065","DOIUrl":"https://doi.org/10.1163/15718069-bja10065","url":null,"abstract":"\u0000The Palestinian refugee problem is considered one of the most intractable and complex issues surrounding the Israeli-Palestinian conflict. This article examines the gaps between Israel and the Palestinians concerning the Palestinian refugee problem and considers whether back-channel diplomacy can help promote possible lasting solutions. To answer this question, several sets of peace negotiations are presented that involved back-channel communications and offered possible solutions to the problem. These include the Camp David II summit in 2000 (including the Taba talks of 2001), the intensive back-channel negotiations between Israeli Prime Minister Ehud Olmert and the Palestinian Authority Chairman Abu-Mazen (2006–2008) ongoing when the 2007 Annapolis Conference was held, and the Kerry Proposals of 2016. The main argument is that back-channel negotiations may contribute to a solution to conflicts involving issues of human dignity and responsibility, like the issue of the Palestinian refugees.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47393071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.1163/15718069-bja10066
Siddhartha K. Rastogi, A. Sengupta
The 2013 WTO Bali package was to be discussed for adoption during the 2014 Geneva meeting. Members were particularly keen on the Trade Facilitation Agreement (TFA), which was supposed to boost world trade and benefit developing countries. However, India surprised all members by withholding its support for TFA and demanding further dialogue on the unrelated issue of food security, which was supposedly settled in Bali with a time-bound peace clause. This action posed an existential challenge to WTO. This article explores India’s position through a game-theoretic negotiation framework with rational and indicative payoffs. We assert that India adopted a ‘suicide-bomber’ strategy and succeeded in ‘hostage-taking’ to extract the desired ‘ransom.’ Since India exploited the first-mover advantage, the rest of the world had no better choice than to pay the ransom. This is a Nash equilibrium of dominant strategies but with unequal bargaining power between the two players.
{"title":"Political Economy of the WTO Negotiations: A Game-Theoretic Explanation","authors":"Siddhartha K. Rastogi, A. Sengupta","doi":"10.1163/15718069-bja10066","DOIUrl":"https://doi.org/10.1163/15718069-bja10066","url":null,"abstract":"The 2013 WTO Bali package was to be discussed for adoption during the 2014 Geneva meeting. Members were particularly keen on the Trade Facilitation Agreement (TFA), which was supposed to boost world trade and benefit developing countries. However, India surprised all members by withholding its support for TFA and demanding further dialogue on the unrelated issue of food security, which was supposedly settled in Bali with a time-bound peace clause. This action posed an existential challenge to WTO. This article explores India’s position through a game-theoretic negotiation framework with rational and indicative payoffs. We assert that India adopted a ‘suicide-bomber’ strategy and succeeded in ‘hostage-taking’ to extract the desired ‘ransom.’ Since India exploited the first-mover advantage, the rest of the world had no better choice than to pay the ransom. This is a Nash equilibrium of dominant strategies but with unequal bargaining power between the two players.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46932758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.1163/15718069-bja10063
Elizabeth S. Corredor
Gender mainstreaming and peacemaking are fundamentally about spurring institutional change. Much of the literature on gendering peace negotiations does not explicitly address the institutional nature of these spheres. Using a feminist institutionalist framework, I analyze the 2010–2016 Colombian peace talks to uncover the endogenic formal and informal ‘rules of the game’ that both enabled and constrained feminist work and the eventual incorporation of a gender perspective within the final agreement. I show that Colombia’s exceptional gender perspective in its 2016 peace agreement was due not just to the inclusion of women at the negotiation table but also paradoxically because of and despite continued gendered logics that prioritized the masculine over the feminine. These findings demonstrate that to understand gender mainstreaming outcomes in peace processes we must not simply account for how many women and which women are at the table, but also for the gendered logics of the negotiation space.
{"title":"Feminist Action at the Negotiation Table: An Exploration Inside the 2010–2016 Colombian Peace Talks","authors":"Elizabeth S. Corredor","doi":"10.1163/15718069-bja10063","DOIUrl":"https://doi.org/10.1163/15718069-bja10063","url":null,"abstract":"\u0000Gender mainstreaming and peacemaking are fundamentally about spurring institutional change. Much of the literature on gendering peace negotiations does not explicitly address the institutional nature of these spheres. Using a feminist institutionalist framework, I analyze the 2010–2016 Colombian peace talks to uncover the endogenic formal and informal ‘rules of the game’ that both enabled and constrained feminist work and the eventual incorporation of a gender perspective within the final agreement. I show that Colombia’s exceptional gender perspective in its 2016 peace agreement was due not just to the inclusion of women at the negotiation table but also paradoxically because of and despite continued gendered logics that prioritized the masculine over the feminine. These findings demonstrate that to understand gender mainstreaming outcomes in peace processes we must not simply account for how many women and which women are at the table, but also for the gendered logics of the negotiation space.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49176553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-01DOI: 10.1163/15718069-bja10061
G. Faure
The interrogation situation is a particularly asymmetric type of negotiation where the interrogated persons are prisoners and/or terrorists, having nothing more to lose because they know that their fate is already sealed. This type of relationship strictly responds to the definition of what is a negotiation, a process involving two or more parties to achieve a transaction. The objective of this article is to highlight the logic and techniques available to interrogators so that they succeed in establishing a form of exchange allowing them to gather strategic information, in particular when the parties to the conflict are engaged in open warfare. Five types of methods are distinguished and their effectiveness assessed: emotionally focused interrogation, morally based interrogation, manipulation, hard questioning, and extended object interrogation. Cases and examples are provided as illustrations.
{"title":"Negotiating Information under Conditions of High Asymmetry: An Exploration into the Domain of Interrogation","authors":"G. Faure","doi":"10.1163/15718069-bja10061","DOIUrl":"https://doi.org/10.1163/15718069-bja10061","url":null,"abstract":"\u0000The interrogation situation is a particularly asymmetric type of negotiation where the interrogated persons are prisoners and/or terrorists, having nothing more to lose because they know that their fate is already sealed. This type of relationship strictly responds to the definition of what is a negotiation, a process involving two or more parties to achieve a transaction. The objective of this article is to highlight the logic and techniques available to interrogators so that they succeed in establishing a form of exchange allowing them to gather strategic information, in particular when the parties to the conflict are engaged in open warfare. Five types of methods are distinguished and their effectiveness assessed: emotionally focused interrogation, morally based interrogation, manipulation, hard questioning, and extended object interrogation. Cases and examples are provided as illustrations.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48247092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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