Mutual Concessions Research Articles

Rhetorical frames: a strategy of governmental power in international negotiations

Power comes not only as conventional Compulsory Power but also as Institutional, Structural, or Productive Power. We focus on under-explored Productive Power (the ability to produce and give meaning to social identities and capacities through discursive processes and practices) and the related strategy of rhetorical framing (using particular words or terms to characterise an issue and imply appropriate actions in line with that characterisation). Spotlighting the strategy’s dual offensive/defensive utility and relatively low resource requirements, we expect the strategy of rhetorical framing (and counter-framing) to be: (1) prevalent in inter-governmental negotiations, and (2) used even by conventionally ‘very weak’ states. Employing text analysis on over 5000 observations from the World Trade Organization’s (WTO) negotiation transcripts between 1995 and 2020, we confirm that states ‘weak’ in Compulsory Power are nevertheless wielding Productive Power and its related strategy of rhetorical framing. Whilst conventionally strong states emphasise a Reciprocation Frame (mutual concessions between states), conventionally weak states emphasise a Redistribution Frame (one-way concessions from some states to other states). Such findings make two important contributions: we exhibit the mechanics of an under-explored type of power and show what happens in international institutions when no single rhetorical frame dominates.

Leadership Style as a Predictor of Conflict Managing Style through Faculty Members in University Colleges of Kathmandu

This study examines how transformational and transactional leadership styles predict conflict management techniques through faculty members at university colleges in Kathmandu. By identifying effective leadership practices, the study aims to improve conflict resolution and foster a collaborative academic environment. A descriptive and correlational research design was used, with data collected from university colleges in different parts of Kathmandu. The total sample size for data collection was 125 faculty members. Out of which, the data of 100 respondents was used for analysis. The Likert scale questionnaires were distributed to the different 20 colleges in Kathmandu in the year 2023. Reliability was confirmed with a Cronbach's Alpha of .739, and validity was ensured through expert review and factor analysis. The findings revealed mixed opinions on conflict inevitability in educational institutions, with "The students of this institution also show progress in their professional fields in future" scoring 4.20 with a standard deviation of 0.725, indicating strong agreement. some agreement on the administration's capability to meet current requirements and moderate agreement on the creation of a conducive study environment. Opinions varied on transaction facilities and timely salary payments. There was disagreement on resolving conflict through strength, while mutual concessions and joint exploration were seen as effective strategies. The study concluded that leadership styles significantly influence conflict management, enhancing conflict resolution and promoting a cooperative academic atmosphere. The research is useful to the leaders of the university colleges for the management of conflicts.

A Settlement Agreement in Civil Process as Ensuring of the Principle of Dispositiveness

The article is devoted to the analysis of the settlement agreement as a guarantee of the principle of dispositiveness in the civil process. However, substantive law is the basis for any procedural legal relations. Thus, the civil procedural principle of dispositiveness is an analogue of the principle of freedom in civil law. The principle of dispositiveness in the civil procedural sense means the possibility for the parties of the case to dispose their rights regarding the subject of the dispute at their own discretion. Dispositivity in the civil law sense is the freedom to perform procedural actions freely, without coercion. Dispositiveness in civil proceedings means that the parties to civil proceeding have the right to waive their claims against each other at any stage of the trial by waiving or admitting the claim, or by entering into a settlement agreement. The conclusion of a settlement agreement by the parties at any stage of the court proceedings is an ensuring of the principle of dispositiveness - the freedom to freely dispose of one’s procedural and material rights.
 Researched that settlement agreement is a reconciliation mechanism and the result of an agreement between the parties. The purpose of concluding a settlement agreement is to settle the dispute on the basis of mutual concessions and should concern only the rights and obligations of the parties. Also, the parties can go beyond the scope of the dispute, provided that the settlement agreement does not violate the rights or legally protected interests of third parties. The settlement agreement is a mixed contract, as it is regulated simultaneously by two branches of law - civil and civil procedural. In this regard, the norms relating to bilateral deed, civil obligation and civil agreement may be applied to the settlement agreement. The common features between these concepts in relation to the settlement agreement are that the settlement agreement is a bilateral agreement with a specific subject, parties, rights and obligations, and form. The settlement agreement is also considered concluded from the moment the parties have reached all essential conditions, which characterizes it as a consensual civil law agreement. The essential conditions of a settlement agreement as a civil law agreement are the condition about the subject and terms. All of the above means that due to its legal nature, the settlement agreement has both procedural and substantive legal features.

The Settlement in Thermage Facelift Dispute: Mutual Concessions and Waiver of Rights in Settlement Agreements

The Settlement in Thermage Facelift Dispute: Mutual Concessions and Waiver of Rights in Settlement Agreements

Emergence and collapse of reciprocity in semiautomatic driving coordination experiments with humans

Forms of both simple and complex machine intelligence are increasingly acting within human groups in order to affect collective outcomes. Considering the nature of collective action problems, however, such involvement could paradoxically and unintentionally suppress existing beneficial social norms in humans, such as those involving cooperation. Here, we test theoretical predictions about such an effect using a unique cyber-physical lab experiment where online participants (N = 300 in 150 dyads) drive robotic vehicles remotely in a coordination game. We show that autobraking assistance increases human altruism, such as giving way to others, and that communication helps people to make mutual concessions. On the other hand, autosteering assistance completely inhibits the emergence of reciprocity between people in favor of self-interest maximization. The negative social repercussions persist even after the assistance system is deactivated. Furthermore, adding communication capabilities does not relieve this inhibition of reciprocity because people rarely communicate in the presence of autosteering assistance. Our findings suggest that active safety assistance (a form of simple AI support) can alter the dynamics of social coordination between people, including by affecting the trade-off between individual safety and social reciprocity. The difference between autobraking and autosteering assistance appears to relate to whether the assistive technology supports or replaces human agency in social coordination dilemmas. Humans have developed norms of reciprocity to address collective challenges, but such tacit understandings could break down in situations where machine intelligence is involved in human decision-making without having any normative commitments.

Zakres kontroli ugody zawartej przed mediatorem przez sąd pracy

Scope of review of the settlement concluded before the mediator by the labour court The settlement is an agreement under which the parties, by mutual concessions, resolve an existing or potential dispute regarding claims arising from the legal relationship existing between them. The purpose of this study is to determine the scope of review –carried out by the labour court –of the settlement concluded before a mediator during mediation in individual labour law cases. The issue of reviewing the mediation agreement is of great importance due to the fact that the labour court may refuse to approve the settlement concluded before the mediator and that it does not consider the submitted settlement in terms of its merits.

Mutual Concessions from Conventional Values for the Sake of a Better Pluralistic Future: Living on of American Hero and His Other in Gran Torino

Mutual Concessions from Conventional Values for the Sake of a Better Pluralistic Future: Living on of American Hero and His Other in Gran Torino

CONFLICT MANAGMENT IN THE INTERNATIONAL ORGANIZATION

The article is devoted to the fact that conflicts are inevitable in our lives and that conflict management in the international organization is one of the most important areas in the activities of the head because it affects the productivity of employees and it affects the results of the work of the organization as a whole. The article discusses the mechanisms of management as well as the definition of conflict and how to manage stress to avoid conflict situations in the organization. For most companies, the main reason was and remains a conflict of interest of employees, and that would prevent or resolve an existing conflict the article reveals the stages of conflict development and the characteristics of ways to resolve conflicts, as well as methods of behavior of individuals or groups in the conflict, called methods of conflict prevention in the organization, reveals what is conflict forecasting since it plays a not unimportant role in personnel management in the organization. To resolve conflict situations, the leader can turn to methods such as smoothing, cooperation, compromise, etc. The use of these strategies can help resolve conflicts. One of the most effective methods of conflict resolution is a compromise, since most often the conflicting parties use a compromise, since the friendly steps towards which one of the conflicting parties makes, make it possible to achieve an asymmetric (one side can give in more, the other will give in less) or even symmetrical ( parties are trying to make mutual concessions approximately equal to each other) agreement. The main thing to remember is that managing conflicts between employees is a controlled process, and even people with opposite views on the situation can agree. And do not forget about the prevention and forecasting of conflicts in order to prevent the appearance of discontent and tension in the team. Conclusions based on the results of the study are formulated.

Regional integration and economic performance: evidence from the Eurasian Economic Union

ABSTRACT There is a strong relationship between regional integration and economic performance. This paper investigates the impact of regional integration on macroeconomic indicators in the Eurasian Economic Union (EAEU) – a trade block created by the former Soviet republics in 2014. This study compares two types of regional collaboration strategies: first, unilateral trade liberalization with the one-sided opening of market access that does not imply any mutual concessions, and second, reciprocal regional liberalization evaluated as the degree of regional economic integration between the countries. We apply a random effect panel data analysis with the dataset over 25 years since 1995 covering five countries (Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia). We find that, under the current stage, the EAEU positively affects trade flows, negatively affects the level of employment, and has no impact on other economic performance indicators. We also conclude that despite the declared level of economic integration – customs union – Eurasian block functions mainly as a free trade area facilitating mutual trade, which is different from the broader objectives that regional integration aims to achieve.

The Evolution of Economic Relations Between the USA and Canada: The Interdependence of the Two Economies

The paper presents the results of the study of the evolution of economic relations between the United States and Canada, since 1989. The agreements regulating the economic relations of these countries among themselves and with other trading partners. An economic and statistical study of Canada’s exports to Latin America and the Caribbean and imports from them was carried out. Both Canada and the United States have become leaders in creating an open and free space based on the principles of multilateral trade. The main characteristics of the free trade zone are mutual concessions in terms of access to markets for services and goods; discipline in terms of trade restrictions; the use of dispute settlement mechanisms. Nevertheless, some researchers question the effectiveness of this trading system. US President Joe Biden promises to take measures to intensify bilateral cooperation, but Canadians are concerned about his decision to cancel the Keystone XL pipeline project. The commitment of the American president to the policy of “buying American” also causes some unrest. The above determines the relevance of considering the issue related to economic cooperation between the United States and Canada in modern conditions. The following research methods were used in the work: the normative method and the method of political analysis.

Reciprocal concessions – compulsory element of a settlement agreement

The settlement agreement is an instrument of substantive law, with important intercalations in procedural law, with the aim of amicably preventing a potential dispute or terminating an existing dispute. In order to qualify a civil contract as a settlement agreement, the legislation in force and the doctrine provide certain preconditions and mandatory elements that such an instrument must present. Thus, the purpose of this article is to reveal the binding elements that represent the content of a settlement agreement. In order to elaborate an extensive study, only one of these elements shall be examined, namely the reciprocal concessions made by the parties in order to solve the dispute between them. Mutual concessions belong to the essence of the settlement agreement, as it shows that by solving the conflict amicably, both sides win, as they save time, resources and choose the actual way in which they settle the conflict. In this article we will analyze the concept of reciprocal concessions, the difference between reciprocal concessions and other legal institutions, such as recognition of the action or dismissing the case. Also, we will provide examples of concessions by analyzing the jurisprudence in this regard.

German–Polish Transfers on Eastern Policy? Research Deficits, Europeanisation Inputs, Empirical Testing

This article calls for more studies concerning German-Polish Eastern policy cooperation. Existing literature does not explain in detail whether German-Polish rapprochement on their Eastern policies resulted from their mutual concessions rather than simply from their similar assessments of certain Eastern European developments. However, the literature highlighs the countries’ individual interests and complementary influences within the European Union’s (EU) Common Foreign and Security Policy (CFSP). This can potentially explain their bilateral policy transfers. Therefore, to design studies of such cross-transfers, the article re-discusses the under-researched model of Europeanisation through cross-loading. It theorises that even member states with divergent foreign interests can, paradoxically, engage in tactical coalition- and consensus-building. Here, the states recognise each other’s complementary coalition-building skills among their different allies as to help them broaden support for their own positions within the CFSP. Consequently, the article’s case study analyses German-Polish compromise-building behind their similar positions towards the EU’s anti-Russian sanctions from 2014. It argues that mainly Poland transferred from Germany’s milder approach towards the sanctions, thus recognising Germany’s stronger influence over this EU policy. However, also Germany adopted some Polish Russo-sceptical positions because it recognised Polish expertise in the context of the dominant CFSP-level critique of Russia.

Современный политический дискурс в СМИ Королевства Испании по вопросу об отделении Каталонии

This article reviews the latest events in late summer and early autumn 2021, covered by the two leading Spanish newspapers “El Mundo” and “El Pais”. The choice of Spanish-language publications is due to the fact that Russian-language newspapers do not cover events, especially those related to the negotiation process, in such detail and frequently. The same can be mentioned about a certain delay in analytical materials on this issue. The main attention is paid to such issues as: the extradition of the former President of Catalonia Carlos Puigdemont, the pardon of nine Catalan politicians, a split within the separatist movement, a massive demonstration that took place on the National Day of Catalonia. The negotiations between Pere Aragones and Pedro Sanchez, which took place on September 16, 2021, as well as the events preceding them and after the negotiations, were analyzed thoroughly. Due to the government crisis that erupted on the eve of the negotiations, the delegation from Catalonia was represented only by left-wing Republicans, which caused a flurry of criticism from the party “Together for Catalonia”. However, neither the contradictions existing between the parties “Left Republicans” and “Together for Catalonia”, nor the condemnation of Pedro Sánchez by the right-wing forces, nor the conflict over the expansion of El Prat airport in Barcelona, failed to disrupt the meeting of representatives of the Spanish and Catalan governments. The author concludes that despite the difficult internal political situation at the moment, we can see the emergence of a negotiating table between the Spanish and Catalan governments, which is being attacked by both Carles Puigdemont and many radical separatists. Given the upcoming national elections at the end of 2023, it can be assumed that the parties will repeatedly try to find common points of contact and may even make mutual concessions.

Some directions of improvement of ways of interpretation of procedural administrative-tort legal norms of the customs legislation

Having studied the peculiarities of interpretation of administrative-tort provisions of customs legislation establishing the procedure for proceedings on violations of customs rules, the author, in particular, expresses the opinion that in order to ensure the legality and validity of the decision to impose administrative penalties through the correct determination of the circumstances of the case and the applicable law as well as through the choice of a fair type and amount of administrative penalty – the customs legislation on the right to explain the alleged offense and comment on the case should be interpreted in a way that the person prosecuted should be given sufficient time and procedural opportunities to express their position on the legal substantiation of the allegation that they committed an offense and on the proposed penalty, as well as to provide evidence on the circumstances of the case. Also, the author substantiates that the model of termination of proceedings in customs rules violation case on the basis of a compromise, introduced in the customs legislation, needs to be radically improved, because it is built so that this tool of customs administration does not correspond to its nature and purpose since under the current customs law this model demands unconditional admission of guilt and imposition of possible type and amount of administrative penalty, which is unchangeable according to negotiated mutual concessions. Moreover, the motivation of offenders to conclude amicable agreements with customs authorities is limited to avoiding stricter penalties for repeated offenses, which is incompatible with the principle of inevitability of liability and may devalue the progressive increase in penalties. In addition, the author proposes ways to expand the interpretation of customs law on the temporary seizure of goods, vehicles and documents to maximize the protection of property rights of enterprises, which in light of the circumstances may be unreasonable and disproportionate.

Conciliation in Civil Proceedings: Concept, Features, Procedural Forms

Where it is necessary to protect violated, unrecognized or contested rights, freedoms and interests and the legal recourse is chosen for it, each person hopes to receive effective protection in the near future. Unfortunately, such expectations are not always justified because of different objective and subjective factors. A variety of conciliation procedures, through which the dispute is settled by mutual agreement of its parties, are therefore widely available. Similar procedures did not go unnoticed in civil proceedings. However, despite the increased attention to various forms of conciliation at the international level, by the state and in research, today there is no clear definition of the concept, understanding the characteristics of conciliation in the process, as well there is no unanimity on its procedural forms. Such circumstances cause problems in the application of conciliation regulations in civil proceedings. Therefore, the purpose of the article is to define the concept of conciliation in civil proceedings, highlighting and analysis of its characteristics, on the basis of which the existence of procedural forms of conciliation, which can be used by the parties to civil case, is justified. Based on the features of procedural conciliation identified in the research, it is concluded that it is the procedure for the settlement of private law disputes referred to the courts, regulated by the rules of Civil Procedure and applied by the parties for their free will with a view to reaching mutually advantageous agreements between them, which are recorded in the procedural act. At the same time, the Civil Procedural legislation of Ukraine regulates two procedural forms of conciliation nowadays: settlement by a judge (it is the procedure provided by procedural law, conducted by a judge with proceedings in the relevant case) and conclusion and approval of a settlement agreement, which means an agreement reached by the parties to a civil case to settle a dispute referred to court on the basis of mutual concessions, which concerns only the rights and obligations of the parties.

Компромисс в международной политике: Потсдамская конференция

The ultimate goal of the 1945 Potsdam Conference was to achieve peace for the stability and security of the planet after the end of World War II. The leaders of the victorious countries, whose interests partially coincided and partially collided, used compromise as a method of political action. However, the Big Three were not yet in a rigidly antagonistic relationship, so they reached a compromise through mutual concessions. The constructive nature of the international political compromise is reflected in the results of the Potsdam Conference: they are the creation of the Council of Foreign Ministers, the solution of the German problem and the Polish question, the agreement on reparations, admission of Germany's former allies to the UN, conclusion of peace treaties between states with different political systems.

General Clauses that Define the Scope of Contractual Freedom in Concluded Settlements in Disputes Between the Employee and the Employer

Abstract This paper aims to present the issue of general clauses that define the scope of contractual freedom in settlements which have been concluded in disputes between the employee and the employer. The aspect of mutual concessions is also discussed. The violation of the problem of justified interest is considered. The paper shows that general clauses are not mutually exclusive, but usually overlap in a settlement. Therefore, a given settlement may violate various general clauses. The vagueness of their conceptual scopes sometimes generates significant practical problems worth to be observed.

ПРЕДПОСЫЛКИ И ПЕРСПЕКТИВЫ СОСТЫКОВКИ ЕАЭС И «ПОЯС И ПУТЬ»

Modern Eurasia is the most important center of political influence in the world. The integratial processes that are forming on the continent around Russia and China have historical prerequisites, expressed in the desire to strengthen their own influence and increase their importance in the region. The purpose of the article is to determine the prerequisites and prospects for the coexistence of the concepts of the EAEU and the "Belt and Road" as examples of large-scale integration processes in Eurasia. For a deeper understanding of the possibility of coexistence of the two initiatives, the work raises the question of the interpretation of the problem by both domestic and Chinese researchers. The author paid special attention to the historical aspect of the development of the integration idea on the example of the two countries, which was necessary for a more complete understanding of the motivation of the Russian Federation and the PRC in the field of promoting their own vision of the Eurasian system. The relevance of the topic is due to the possible collision of interests of Russia and China with respect to the spheres of foreign policy interests, in connection with which, based on historical experience, the study of the problem allows us to give the most probable forecast for the further development of events. As a result of the research, the author comes to the conclusion that the possibility of coexistence of the Chinese and Russian concepts lies in mutual concessions on key issues and deepening cooperation. The practical significance of this work lies in the fact that the author first considered the sources, namely the publications of Chinese authors on the coexistence of two concepts of Eurasian integration, which can expand the knowledge of domestic researchers regarding the Chinese vision of the problem raised in the study.

Соотношение понятий «мировое соглашение» и «мировая сделка

The institution of a settlement agreement has many advantages over a court decision, where the dispute is resolved by mutually agreeing terms through mutual concessions. The execution of a settlement agreement involves the voluntary fulfillment of its terms. Compulsory execution of the terms of a settlement agreement is a kind of protective boundary between the parties in the event that one of them does not comply with the conditions approved by the court. The approval of an amicable agreement significantly saves time both for the court and for the parties, and with this it is possible for the parties to maintain partnerships. Speaking about the correlation of the terms “world deal” and “amicable agreement”, it is quite important for protecting rights and legitimate interests. There are two approaches to the relationship between the terms “world deal” and “settlement”.

What's new in the "new" US course towards the DPRK?

The article analyzes the prospects for US-North Korean and inter-Korean relations, taking into account the completed policy review of the new US administration towards the Democratic People's Republic of Korea (DPRK), as well as the results of the President of the Republic of Korea Moon Jae-in’s trip to Washington in May 2021 and his talks with US President Joe Biden. It is concluded that the “new" course proposed by the United States in relation to the DPRK will not lead to a solution to the nuclear problem of the Korean Peninsula and will interfere with the normalization of inter-Korean relations. During his visit to the US President Moon failed to obtain the US consent on ROK more “independent policy” toward North Korea. In spite of lavish investments into US economy and other concessions, Seoul was forced to promise to coordinate his approaches to the DPRK with US and Japan and support US position on Taiwan straits and South China Sea. The author argues that in the current conditions, the introduction of a regime of arms limitation and arms control in Korea should be a necessary stage on the way to complete denuclearization of the peninsula. The transition to a such method of the settlement of the nuclear problem could lead to the resumption of the negotiation process, mutual concessions, including reductions in the level of military-political confrontation, partial or large-scale lifting of economic sanctions in exchange for North Korea's restrictions of its nuclear weapon and missile systems.