Current Negotiations Research Articles

Sovereignty, human rights and the regulation of transnational corporations: a critical spatial analysis of civil society proposals for a binding treaty

ABSTRACT This article develops a critical spatial analysis of contemporary proposals to regulate transnational corporations (TNCs). Following an analysis of the existing topology of international regulatory space, the article develops a model of alternative spatial orders which would enable TNC regulation and uses this model to critically assess the different spatial orders implicit in the major proposals being tabled by two civil society groupings in the current treaty negotiations at the UN Human Rights Council. It shows that the proposals of the Human Rights NGOs would elaborate an ‘imperial sovereignty’, with the horizontal extension of the sovereignty of Northern states into the territory of Southern states, while the proposals of the Global Campaign would elaborate a ‘global sovereignty’ through the vertical dispersal of sovereignty, both upwards and downwards, to elaborate a more emancipatory universal spatial order. Understanding these implicit spatialities enables a deeper assessment of the implications of the different proposals.

The Dispute Over The Nile River Involving The Grand Ethiopian Renaissance Dam

This study examines the complex conflict over the Nile River, focusing on the Grand Ethiopian Renaissance Dam (GERD) and its implications for regional socio-economic development. The research adopts a systems perspective to analyze the dynamics between Egypt, Sudan, and Ethiopia. It highlights the challenges of water management in the Nile River Basin, shared by eleven African countries, and delves into the geopolitical, environmental, and socio-economic factors at play. The research team, composed of Latin American scholars, acknowledges their outsider perspective and strives to incorporate a wide range of views. The findings discuss the historical treaties, current negotiations, and the importance of a balanced agreement that considers the interests of all parties, the threat of climate change, and sustainable water management practices. The study concludes with insights that could inform similar disputes in other transboundary river basins and underscores the urgency for cooperative solutions to prevent humanitarian crises. Keywords: Nile River, GERD, Causal Loops, System Perspective

‘EQUITY’ IN THE PANDEMIC TREATY: THE FALSE HOPE OF ‘ACCESS AND BENEFIT-SHARING’

AbstractDuring the COVID-19 pandemic the international community repeatedly called for the equitable distribution of vaccines and other medical countermeasures. However, there was a substantial gap between this rhetoric and State action. High-income countries secured significantly more doses than they required, leaving many low-income countries unable to vaccinate their populations. Current negotiations for the new Pandemic Treaty under the World Health Organization (WHO) attempt to narrow the gap between rhetoric and behaviour by building the concept of equity into the Treaty's substantive content. However, equity is difficult to define, much less to operationalize. Presently, WHO Member States appear to have chosen ‘access and benefit-sharing’ (ABS) as the predominant mechanism for operationalizing equity in the Treaty. This article examines ABS as a mechanism, its use in public health, and argues that ABS is fundamentally flawed, unable to achieve equity. It proposes other options for an equitable international response to future pandemic threats.

Carbon dioxide removal and mitigation deterrence in EU climate policy: Towards a research approach

Carbon dioxide removal (CDR) technologies are rapidly evolving from renderings in climate models towards an explicit and essential component of climate policy-making. This has raised concerns that the expectations of future large-scale availability of CDR technologies may deter mitigation, i.e., delay or substitute emission reduction efforts. Here, we develop a conceptual approach to systematically study such mitigation deterrence effects in climate policy-making processes. The approach integrates literature on sociotechnical imaginaries and the cultural political economy of mitigation deterrence with historical-materialist policy analysis. It follows within-case process tracing to uncover whether and how expectations of CDR technologies either weaken ‘conventional’ mitigation targets in policy formulation or encourage policy designs which treat ‘conventional’ mitigation and CDR as equivalent. Using critical instances of contestation in the policy process, this approach also allows us to identify nascent constellations of actors and interests as well as emerging fault lines related to CDR technologies. Empirically, the paper focusses on the EU Sustainable Carbon Cycles Strategy and the current negotiations over an EU Carbon Removal Certification Framework. We show that even though it is too early to pin-point clear-cut instances of mitigation deterrence related to CDR technologies in EU climate policy-making, critical opportunities to prevent such effects have already been missed in both climate target formulation and policy design.

The climate advisory opinion: A medicine with side-effects?

The Commission of Small Island States on Climate Change and International Law in December 2022 requested for an advisory opinion to the International Tribunal for the Law of the Sea (ITLOS) for holding States responsible for failure to protect the marine environment caused by climate change and greenhouse gas emissions. This article first examines the dilemma climate regime is facing. Then the article explores why the advisory opinion can serve as “medicine” by examining the potential positive and negative spillover effects of the advisory opinion from the perspective of both jurisdiction and merits. Just like all medicines have side-effects, the climate advisory opinion brings both challenges or opportunities to current climate negotiations, which the article calls for stakeholders to utilize and proceed carefully and cautiously.

Collective bargaining in the Australian public service: From New Public Management to public value

In 2022, Australia's Labor Opposition pledged to reintroduce collective bargaining covering the whole Australian public service (APS) if elected. The elected Labor government is now implementing this ground-breaking reform. The APS has, since 1997, bargained at the agency level with no mandated common terms and conditions of employment applying across the service. This has led to pay dispersion and inequity, and fragmentation of the terms and conditions of employment. The current negotiations aim to rectify this situation. We argue that these reforms represent an ideological shift and a repudiation of New Public Management (NPM) towards a public value approach, which also incorporates being a model employer. We consider whether this refocusing will overcome the problems inherent in the system of bargaining practised under an NPM framework. We examine some of the most important items being negotiated at the time of writing, namely, wages, job security, flexible working, paid parental leave and paid family and domestic violence leave. We conclude that the new approach will overcome the legacy of the previous bargaining system to benefit individuals and the APS as a whole. We further conclude that this public value approach substantially fulfils the government's ideal of becoming a model employer.

Expanding global vaccine manufacturing capacity: Strategic prioritization in small countries.

The COVID-19 pandemic highlighted significant gaps in equitable access to essential medical countermeasures such as vaccines. Manufacturing capacity for pandemic vaccines, therapeutics, and diagnostics is concentrated in too few countries. One of the major hurdles to equitable vaccine distribution was "vaccine nationalism", countries hoarded vaccines to vaccinate their own populations first which significantly reduced global vaccine supply, leaving significant parts of the world vulnerable to the virus. As part of equitably building global capacity, one proposal to potentially counter vaccine nationalism is to identify small population countries with vaccine manufacturing capacity, as these countries could fulfill their domestic obligations quickly, and then contribute to global vaccine supplies. This cross-sectional study is the first to assesses global vaccine manufacturing capacity and identifies countries with small populations, in each WHO region, with the capacity and capability to manufacture vaccines using various manufacturing platforms. Twelve countries were identified to have both small populations and vaccine manufacturing capacity. 75% of these countries were in the European region; none were identified in the African Region and South-East Asia Region. Six countries have facilities producing subunit vaccines, a platform where existing facilities can be repurposed for COVID-19 vaccine production, while three countries have facilities to produce COVID-19 mRNA vaccines. Although this study identified candidate countries to serve as key vaccine manufacturing hubs for future health emergencies, regional representation is severely limited. Current negotiations to draft a Pandemic Treaty present a unique opportunity to address vaccine nationalism by building regional capacities in small population countries for vaccine research, development, and manufacturing.

Austria: Policies dealing with the inflation crisis

Inflation in Austria started to rise from mid-2021 during recovery from the Corona crisis. The Russian invasion in Ukraine and the heavy increases in energy prices made things worse and brought inflation to over 10%. The government did not enter into direct formal negotiations with social partners but subsequent anti-inflation packages met many demands made by the social partners. The attempt to influence wage negotiations via a tax exemption for one-off payments failed as they were not widely used in collective agreements. One-off payments are not suitable to compensate for permanent real wage losses. Current wage negotiations are tougher than usual, requiring long negotiation rounds including the thread of industrial action. The policy of unions to base their demand on past inflation allows for a substantial delay in nominal wage increases. The government has not yet included more direct measures to fight high inflation, like direct price controls, changes to the design of markets, or reforms of the automatic housing rent indexation. The wage setting system in Austria is still working but it will remain difficult to reach agreements, especially as a substantial part of the real wage losses has to be recovered over the coming years. A stronger use of regulatory measures and direct public involvement in the energy, housing and potentially the food price sector might be required if the current energy supply crisis and the transformation to a low carbon economy should be managed successfully in the future.

ЕТИЧНІ ДИЛЕМИ СУЧАСНОГО ПОЛІТИЧНОГО ПОСЕРЕДНИЦТВА: АДАПТАЦІЯ ДО СУЧАСНИХ ВИКЛИКІВ

In the contemporary global context, the role of political mediation is increasingly pivotal in resolving conflicts at every stratum, from the local to the global arena. However, amidst rapid global transformations, ethical dilemmas in mediation processes become more pronounced and demand urgent attention. This article focuses on a comprehensive examination of current ethical conundrums in political mediation. It pays particular attention to the mediator’s responsibility, the selection of strategies and methodologies that foster trust and dialogue, and a critical analysis of mediation examples that demonstrate a diversity of approaches and outcomes. The piece thoroughly investigates the broad spectrum of challenges associated with the application of ethical principles in mediation processes and attempts to discern how modern global trends and challenges affect conventional political mediation methods. It also provides a historical perspective, scrutinizing the evolution of academic perspectives on ethical dilemmas in politics through various historical epochs. The study observes that the ethical issues in contemporary political mediation and its adaptation to new challenges often remain outside the scope of scholarly discourse. This lack of adapted concepts and methodologies necessitates further academic efforts and scrutiny of ethical issues within the context of current political negotiations and mediation. The author suggests additional research into the impact of global trends, such as globalization, technological innovations, and an increase in political mediation actors, on the ethical dimensions of this sphere.

Negotiating Heritage through Education and Archaeology: Colonialism, National Identity, and Resistance in Belize

If true historical scholarship is about linking the present to the past and impelling the reader to take action in the here and now, then Alicia Ebbitt McGill's book—a culmination of over 15 years of ethnographic research in Crooked Tree and Biscayne, two Kriol communities of north-central Belize—more than delivers. McGill argues that archaeology and education are intersecting and interconnected institutions through which both official heritage and vernacular heritage (which in McGill's conceptualization comprises local, tangible, and intangible cultural components that are shared by the community) are negotiated and contested. Alongside her deep understanding of the Crooked Tree and Biscayne communities, McGill also engages with British imperial archival sources, providing us with a glimpse into the past that is always in relation to the concerns of the present. In taking on the question of archaeology in Belize, McGill adds to conversations in public history around Maya archaeology begun in recent years by scholars such as Christina Bueno and Patricia A. McAnany on Mexico and Central America.There is a clear logic to the way that the book is organized. While chapter 1 lays out the main thrusts of the book, the rest is organized in chapter pairs. The first pair (chapters 2 and 3) focuses on education, looking at its historical development and linkages to heritage practices as well as its present issues and concerns. The second pair (chapters 4 and 5) picks up the story of archaeology by both giving a long view of this institution in Belize from colonial times to the present and examining current community negotiations and resistance around heritage practices connected to archaeology. The extremely vital concluding chapter is the author's reflection on both her field experiences and her engagement with the communities' youths.McGill's work is full of insights. One of her most illuminating arguments is that even as Belizean heritage practices continue to prioritize Maya history and archaeology, there is a simultaneous lack of initiative to understand the histories of other ethnic groups, particularly Kriol communities. Part of the reason for this failure, according to McGill, is the “thingification” of archaeology, whereby artifacts and ruins become the proofs of heritage. She makes powerful use of the drawings made by students in the schools that she studies, in which Maya heritage was repeatedly signified by the presence of “old things” (p. 103). The danger of orienting archaeology toward artifacts becomes clear in her interviews; even teachers often do not realize that Kriol communities have a tangible history that could form part of heritage preservation. Kriol children in these communities appear to be more familiar with the nation's Maya heritage than their own local history. Second, McGill highlights how official agendas, whether in the colonial or the postindependence period, were supported and bulwarked by the twin pillars of education and archaeology. At the same time, McGill's book, despite showing the constraints and limitations within which Belizean archaeology has developed and continues to operate, is a book that gives hope. In particular, McGill is able to show the vibrancy of Belizean youth and students and the dedicated and often independent-minded teachers whose commitment to community can overcome the systemic problems with heritage practices in Belize.As a historian, I was fascinated by McGill's unique methodology and her ability to connect the past with the present. I did feel, however, that McGill's purpose was somewhat hindered by the structure of the book, with separate chapter pairs respectively addressing education and archaeology. I wondered whether her points about the interconnectedness of these two institutions would not have been better served by more thematic chapter divisions, so that each chapter could examine the intersection between archaeology and education more germanely. I also felt that McGill could have more deeply engaged the institutionalization of Belizean archaeology and the overwhelming presence of US universities and institutions in current Maya archaeology. This would also have tied in nicely with the author's discussion of tourism and heritage practices.Overall, I found McGill's book timely and important. It is one of those rare pieces of scholarship that compels the reader to get up and take action. As such, not only will it be of interest to historians, archaeologists, and anthropologists of Belize and the Maya region, but it would also be immensely helpful for policymakers on the ground involved in shaping education policies and heritage practices.

Governing Open Ocean and Fish Carbon: Perspectives and Opportunities

Marine life plays a vital role in the ocean’s biological pump by sequestering and mediating fluxes of carbon to the deep sea and sea floor. The roles that fish and other marine vertebrates play in the biological pump are increasingly attracting scientific and policy attention. In this paper, we investigated the interest in and possibilities for the international governance of open ocean and fish carbon ecosystem services. We used semi-structured interviews with representatives from environmental non-governmental organisations (ENGOs), policy makers, and policy experts, along with an exploratory review of grey and peer-reviewed literature to: 1) trace the pathway of important milestones, key actors, and their strategies to influence governance of ocean carbon, and, 2) investigate which frameworks might be used to govern open ocean and fish carbon. Strategies of key actors to direct attention to open ocean and fish carbon included collaborating with scientists, organising side events at climate and biodiversity negotiations and seminars to engage policy makers, as well as educational campaigns directed to the public and policy makers about the co-benefits of open ocean and fish carbon. While we found a strong focus of ENGO activities related to the UN Framework Convention on Climate Change, we also found strong opposition against active governance of open ocean and fish carbon by key Intergovernmental actors in this forum. Opposition stems from a lack of scientific information on how long open ocean and fish carbon is stored, difficulties in attributing carbon flows with individual countries mitigation actions, and fewer perceived co-benefits (e.g. coastal protection in the case of coastal blue carbon) for coastal communities. More viable routes for the future governance of open ocean and fish carbon may lie in international fisheries management and in current negotiations of a treaty for biodiversity conservation in the high seas.

Promoting Less Complex and More Honest Price Negotiations in the Online Used Car Market with Authenticated Data

Online peer-to-peer (P2P) sales of used and or high-value goods are gaining more and more relevance today. However, since potential buyers cannot physically examine the product quality during online sales, information asymmetries and consequently uncertainty and mistrust that already exist in offline sales are exacerbated in online markets. Authenticated data platforms have been proposed to solve these problems by providing authenticated data about the negotiation object, integrating it into text-based channels secured by IT. Yet, we know little about the dynamics of online negotiations today and the impact of the introduction of authenticated data on online negotiation behaviors. We address this research gap based on two experimental studies along with the example of online used car trade. We analyze users’ communicative and strategic actions in current P2P chat-based negotiations and examine how the introduction of authenticated data affects these behaviors using a conceptional model derived from literature. Our results show that authenticated data can promote less complex negotiation processes and more honest communication behavior between buyers and sellers. Further, the results indicate that chats with the availability of authenticated data can positively impact markets with information asymmetries. These insights provide valuable contributions for academics interested in the dynamics of online negotiations and the effects of authenticated data in text-based online negotiations. In addition, providers of trade platforms who aim to advance their P2P sales platforms benefit by achieving a competitive advantage and a higher number of customers.

Lived Realities of Socio-political Negotiations by Marginalized Groups and the Inherent Rationality of Caste-Based Power Negotiations: A Study ofKhapRegions of Muzaffarnagar, Uttar Pradesh

The article explores the lived realities of socio-political negotiations by marginalized groups and the inherent rationality of caste-based power negotiations at a micro level. It also explores the possibilities of alternate futures and alternate interpretations of the margins, through the study of caste-based negotiations and subversions in the Khap villages of western Uttar Pradesh. Stuart Hall, British Cultural theorist, draws attention to the perspective that cultural identification need not produce an essence but a positioning subject to the continuous ‘play’ of history, culture and power. B. R. Ambedkar had termed the hierarchical caste system in India as ‘graded inequality’, which resists any transformation in its oppressive framework because it gives a sense of superiority to each caste placed above the other in a descending order. Despite stiff resistance to any transformation, various forms of subversion—denting the rigid caste and cultural frames—exist in the Khap areas of western Uttar Pradesh.Ambedkar’s vision of a non-sectarian equitable new social order in combination with empirical study on the current socio-political negotiations by marginalized groups on the ground—with a hint to the possibilities of alternate futures through the efforts towards inducing a democratic environment—are explored here.

What Shall We Do With a Sea of Plastics? A Systematic Literature Review on How to Pave the Road Toward a Global Comprehensive Plastic Governance Agreement

In February 2022, the United Nations Environmental Assembly (UNEA) is expected to mandate negotiations for a legally binding plastic agreement. In preparations for such discussions, it is important to understand the academic research behind what a global treaty on plastic will require to succeed. Therefore, a systematic literature review was conducted on 64 peer-reviewed articles published before July 4th, 2021, that focused on global plastic governance and avenues to mitigate our pollution crisis. Once reviewed, the articles were organized into a series of four main categories: (1) plastic pollution overview articles, (2) top-down solutions, (3) bottom-up solutions, and finally a (4) global treaty as a solution. The analysis of these articles enabled an overarching review and discussion of what the literature suggested is required for the creation of a global plastics agreement. First, the researchers argued that previous global plastics governance literature is characterized by an optimist governance perspective, i.e., a view of governance as a problem-solving mechanism. Second, global plastics governance as a research field could make headway by engaging in further empirical investigation of current negotiations and solutions at the national level, especially in developing nations. In the end we found that a global agreement is feasible if it allows for multi-stakeholder solutions involving industry, governance, stakeholders, and citizens.

Participative Decision Making and the Sharing of Benefits: Laws, ethics, and data protection for building extended global communities

Participative Decision Making and the Sharing of Benefits: Laws, ethics, and data protection for building extended global communities

Protecting marine biodiversity beyond national jurisdiction: A penguins’ perspective

The expansion of human activities in offshore maritime regions has outpaced the development of scientific knowledge and cooperative governance across these areas beyond national jurisdiction (ABNJ). In this context, current negotiations by the United Nations aim for an international legally-binding instrument to improve governance and sustainable use of biodiversity in ABNJ. Penguins are among the most threatened seabird groups today, notably at sea from fisheries and oiling. Here, we examine the available information on penguins’ movements and evaluate their use of ABNJ across species and life-cycle stages. We highlight that in most of the 18 extant penguin species, the birds may undertake spectacular migrations, seasonally or throughout life-cycle stages. Long-range movements were reported in 16 species, with trans-jurisdictional distribution in 14 species, including 13 in ABNJ. Species richness in ABNJ varied extensively according to oceanic region, and also varied according to season. Transboundary movements, notably to ABNJ, are thus remarkably prevalent among penguin species. Consequently, provisions of the treaty under negotiation may crucially benefit penguin conservation, notably by creating a uniform legal framework to designate protected areas in ABNJ, and by promoting the precautionary approach to extraction activities. However, the seasonally-dynamic utilisation of ABNJ by penguins supports the pertinence of adding innovative protection tools, such as mobile Marine Protected Areas, to the negotiations for a more adequate protection of marine biodiversity. Underlining penguins’ remarkable connectivity to the high seas can thus further strengthen this instrument aiming to protect a global ocean commons heritage of mankind.

Promoting equity in the use of algorithms for high-seas conservation

Promoting equity in the use of algorithms for high-seas conservation

Developing a monitoring program of genetic diversity: what do stakeholders say?

Genetic diversity is a fundamental component of biological diversity, and its conservation is considered key to ensure the long-term survival of natural populations and species. National and international legislation increasingly mandates a monitoring of genetic diversity. Examples are the United Nation’s Convention on Biological Diversity (CBD) Aichi target 13 and the current post-2020 negotiations to specify a new target for maintaining genetic diversity. To date, only a few pilot projects have been launched that systematically monitor genetic diversity over time in natural populations of a broad variety of wild species. The Swiss Federal Office for the Environment mandated a feasibility study in 2019 for implementing a national monitoring of genetic diversity in natural populations. To obtain information on whether stakeholders are interested in such a systematic monitoring, what they would expect from such a monitoring and where they see respective caveats, we conducted an online survey, which 138 (42% of those surveyed) Swiss stakeholders answered. We find that Swiss stakeholders are generally aware of the lacking evidence regarding the status of genetic diversity in wild populations and species. Accordingly, most stakeholders are interested in a monitoring of genetic diversity and see opportunities for the application of its results in their work. Nevertheless, stakeholders also expressed concerns regarding financial resources and that the results of a genetic diversity monitoring program would not benefit conservation practice. Our findings highlight the importance of stakeholder engagement and demonstrate the value of a detailed stakeholder analysis prior to developing and implementing a genetic diversity monitoring program. A powerful tool for examining the constellation and interactions of the different stakeholders are social network analyses (SNAs). Finally, it is particularly important to communicate transparently about the possibilities and limitations of a genetic diversity monitoring program as well as to closely involve stakeholders from the beginning to increase the acceptance of genetic diversity monitoring and facilitate its implementation.

AI Regulation in the European Union and Trade Law: How Can Accountability of AI and a High Level of Consumer Protection Prevail over a Trade Discipline on Source Code?

Artificial Intelligence (AI) applications can bring many benefits for consumers, as well as influence consumer behaviour and the choices they make. On a large scale AI can profoundly transform consumer markets by, for example, enabling fully personalised consumer transactions on a population-wide scale. AI-powered consumer services rapidly diffuse across the global digital ecosystem thereby connecting consumers in the European Union (EU) to business operating from outside the EU. Individuals who are at the receiving end of AI systems must be reassured that these technologies operate in a way that respects fundamental and consumer rights. In the current negotiations on electronic commerce at the World Trade Organisation (WTO), the EU supports the introduction – in the legal text – of a clause which prohibits the participating countries to introduce – in their national laws – measures that require access to, or transfer of, the source code of software, with some exceptions. This is a cause for concern for experts and rights advocates, as such a clause – if not carefully conditioned – can prevent future EU regulation of AI that may be harmful to consumers. The Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband – vzbv) has commissioned this study from the Institute for Information Law (IViR) at the University of Amsterdam, in order to shed light on the cross-border supply of AI technology and its impact on EU consumer rights. This study forms a comprehensive understanding of this issue that intersects three different areas: (1) emerging EU governance of AI and (2) the application of EU consumer protection law to AI with (3) the EU’s position in the WTO electronic commerce negotiations. This study concludes that the source code clause within trade law indeed restricts the EU’s right to regulate in the field of AI governance in several important ways.

Lost in Translation: Excess Returns and the Search for Substantial Activities

Since 2010, international tax policymakers have proposed a variety of minimum taxes on excess returns, but every proposal has defined excess returns differently. This Article asks what excess returns are supposed to represent – and concludes that the answer is very different from what policymakers have suggested. The trend of targeting so-called excess returns started in 2010 with a one-page idea in the Obama Treasury’s proposed budget. Over the next decade, this idea became the basis for one of the major international tax reform provisions in the 2017 U.S. tax reform and is now being considered as part of Pillar Two of the OECD’s current digital tax project. The idea in question is a minimum tax on foreign excess returns. Yet even though the general idea of a minimum tax on foreign excess returns has stayed the same across administrations and jurisdictions, the specifics of this idea have changed with every iteration, and the proponents of this idea have justified each version differently and defined its various elements differently. This Article tells the story of the many recent proposals for minimum taxes on foreign excess returns, starting with the Obama Treasury’s brief proposal and ending with the OECD’s current negotiations over digital taxation. This Article highlights the common threads that link all of these rules, and it also shows how differently the drafters of each rule have understood the purpose and design of a minimum tax on foreign excess returns. This Article argues that, despite claims by the policymakers advocating for these minimum taxes, none of these taxes on excess returns is supported by the economic theory of excess returns. Instead, policymakers are using the term “excess returns” to mean different things in the context of different proposals, and they are masking the policy choices they are making by using a term that appears to have support in the economic literature.