A Draft Manual on Negotiations

Abstract

This manual is a compilation of case studies related to practices in international diplomacy and negotiations. Each case study presents the background and outcome of the negotiation; discusses the relevant theories and perspectives; and offers recommendations on good practices in negotiations. Through this manual, students of foreign relations and diplomats can gain insights from the negotiation strategies and practices discussed in the different case studies.The first case talks about the intricacies in the peace talks between the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) concomitant with its geopolitical issue areas and adversaries. Consequently, the ‘Best Alternative on the New Agreement’ (BATNA), an appropriate theoretical approach, is profoundly discussed. In its entirety, the paper will focus on two phases: Presenting the geopolitical issues that made their aspirations legitimate and rebel against the government, and how BATNA would give incremental ideas for them to renegotiate.The second study presents the actual drafting and negotiation process of the United Nations Convention or the Protection of All Persons from Enforced Disappearances held in Geneva, Switzerland from 2002 to 2005 and its adoption by the UN General Assembly. It portrays the role of representatives of UN member-states as well as national and international NGOs including organizations of families of the disappeared in bringing to the successful conclusion the drafting process. Moreover, it challenges governments and civil society to contribute further to the treaty's immediate entry into force and eventual universal implementation which will go a long way towards the eradication of the crime of enforced disappearance from the face of the earth.The third case study on the Six-Party Talks Negotiations, 'Multilateralism Direction: Six-Party Talks Addressing North Korean Nuclear Crisis,' begins by narrating the historical background of North Korea’s Nuclear Crisis and the initiatives undertaken to address the issue. Then, it emphasizes the significant features of the multilateral approach and solution in addressing the concerns on the denuclearization of the Korean peninsula. In relating the obstacles to negotiation and the negotiation process itself to theoretical approach, the case study gives weight to one-text process wherein the problematic area is complex, high-stake, and multi-issue characteristics of negotiation process, both bilateral and multilateral negotiations, within the six-party talks. In response to these predicaments, onetext procedures exemplify the dynamic role of the third-party negotiator (China) that manages the state of affairs of the forum for a more harmonized and synchronized mechanism in dealing with various issues through diplomatic dialogue, transparency and confidence-building mechanism. Lastly, the case study affirms the magnitude of effectiveness and prospective victory of the six-party talks as an appropriate venue for the resolution of the North Korean nuclear crisis.The fourth case study on international multilateral trade negotiations, 'World Trade Organization’s(WTO) Doha Development Agenda: Negotiations, Implementation and Development,' provides thereaders a snapshot on the how the DDA negotiations are taking place, the problems and issues which arise during negotiations based on some theories and concepts like conflict and complexity. Lastly, a negotiation technique is given that focuses on developing an alternative position that still meets one’s country’s interests while also being acceptable to the other side or sides.Finally, the last case study deals on the recently ratified Japan-Philippines Economic PartnershipAgreement (JPEPA). To explain the JPEPA negotiation, the author presented various perspectives on power differential, BATNA, fairness norm, and the concept of innovation.