Position In Negotiations Research Articles

한중 어업질서의 진단 및 양국 어업관계의 개선 방향

This study is to focus on the status of implementation of bilateral-fishery order based on the Korea-China fisheries agreement and aims to improve fisheries relationship between two countries. Korea-China Fisheries Agreement entered into force in 2001, and serves as a basic framework of the bilateral fisheries order. However, the fishing order between Korea and China has the following limitations. First, it is standstill of joint response for a practical resource management. Second, there are still gaps between the quotas of mutual accord fishing and fishing operation work performance. Third, China's illegal fishing is taking place consistently. Fourth, the effective cooperation between two countries in fisheries is not carried out. Finally, the Korea has faced difficult situations to adhere to a balanced position in the fishery negotiations due to conflicting positions on China and Japan. In order to solve these problems, the fishing order between Korea and China will be able to maintain the competitiveness of Korean fishery sector by reinforcing Korea's fishing sovereignty, Korea and China, based on trust and cooperation, will make efforts to improve bilateral fisheries relations to maximize mutual benefit in fishery sector. Specifically, first, the two countries should strengthen the resources management based on the scientific research and the improvement of imbalance of the mutual agreed fishing in EEZ. Second, Korea has to achieve our targeted performance of fishing operation and establish a joint resources management system between two countries in the provisional measure zone. Third, Korea should implement to collect fisheries information about China fishing vessels which are operating in the EEZ of Korea. Finally, Korea and China should be building up effective governance framework for the establishment of fishing order.

Klima versus Öl. Das Ausbleiben der Klima- und Energiewende im Ölstaat Venezuela

Schlüsselwörter: Klimawandel, (Neo-)Extraktivismus, Venezuela, Fossilismus, buen vivir-----Climate versus Oil: The Absence of a ‘Climate and Energy Turn’ in Oil-Dependent Venezuela.AbstractFocusing on the situation in Venezuela, this paper discusses the conflict between active policies aimed at mitigating climate change and economic development strategies that are fundamentally based upon the extraction, the consumption, and the export of fossil resources. The specific quality of Venezuela’s neo-extractivist model of economic development, as well as more recent trends in the oil sector (e.g. China’s growing interest, the exploitation of tar sands in the Orinoco delta), leave very little room for a ‘climate and energy turn’. Moreover, the marked absence of a ‘buen vivir discourse’ in Venezuela, which incorporates the idea of environmental protection, may be contributing to this situation. While societal pressure and activism for change inclimate policies is relatively low in the domestic context, Venezuela takes a different position in international fora and negotiations. In articulating the specific responsibility of ‘capitalism’ in general and ‘the West/North’ in particular for the destructive economic dynamics resulting in climate change, Venezuela has so far shunned any liability for a more active climate change policy. Keywords: climate change, (neo-)extractivism, Venezuela, fossilism, buen vivir-----Bibliographie: Brand, Alexander/Muno, Wolfgang: Klima versus Öl. Das Ausbleiben der Klima- und Energiewende im Ölstaat Venezuela, PERIPHERIE, 3-2014, S. 445-469. https://doi.org/10.3224/peripherie.v34i136.22474

The Strategic Role of Third‐Party Marketplaces in Retailing

Retailers are increasingly adopting a dual‐format model. In addition to acting as traditional merchants (buying and reselling goods), these retailers provide a platform for third‐party (3P) sellers to access and compete for the same customers. We investigate the strategic rationale for a retailer to introduce a 3P marketplace. Our analysis provides insights into the growing prevalence of 3P marketplaces. We show that by committing to having an active 3P marketplace, the retailer creates an “outside option” that improves its bargaining position in negotiations with the manufacturer. This can explain the increasing prevalence of such marketplaces. On the other hand, the manufacturer would prefer to eliminate the retailer's outside option and should seek to limit or prevent sales through 3P marketplaces. This is consistent with actions that several manufacturers have taken to limit such sales. Interestingly, if the manufacturer fails to eliminate sales of competing products through the 3P marketplace, then the best strategy for the manufacturer is to allow the retailer to dictate the terms of their contract. This is because a powerful retailer will rely less on its outside option in generating profit, and therefore it will increase the fees charged to 3P sellers and soften the competition between 3P sellers and the manufacturer. The decrease in competition will lead to an increase in the value of outside option of the manufacturer and improve its profit. Additionally, we find that the presence of a 3P marketplace benefits consumers, but this benefit diminishes as the retailer becomes more powerful.

Large shareholders and value creation through corporate acquisitions in Europe. The identity of the controlling shareholder matters

We investigate whether and how major shareholders influence M&A wealth effects for listed acquirers in Europe. To that end, we examine 342 intra-European takeovers of listed target firms announced between 1997 and 2007. We find that family-controlled acquiring firms on average engage in deals with substantially larger value creation, particularly in Continental Europe. However, this positive family effect disappears in industry-diversifying acquisitions, consistent with the idea that those family-controlled firms may also pursue corporate diversification through M&As in order to diversify the family wealth. Moreover, family owners across Europe cannot curb low-value acquisitions driven by managerial overconfidence. We relate this finding to the strong connections of family owners with management in family-controlled firms. Next, large institutional shareholders all over Europe are associated with the lowest-value deals, but they are able to limit the negative effects of managerial overconfidence. As to the division of M&A gains, we find that regardless of their identity, large acquirer shareholders tend to put their firm in a weaker negotiation position. Lastly, we find no robust support for the idea that major owners are less likely to pursue private benefits through M&As in countries with stronger investor protection.

Sub-Arctic operations in the Russo-Japanese War, 1904–1905

ABSTRACTThis note concerns the little known sub-Arctic operations in the Russo-Japanese war, 1904–1905. Apart from a slightly farcical ‘invasion’ of the Kamchatka peninsula by a group of Japanese fishermen, and a naval engagement off the coast of southern Sakhalin, the main operations related to the efficiently conducted Japanese invasion of the sub–Arctic island of Sakhalin itself. This was the only occupation of Russian territory during the war and was intended to strengthen the Japanese position in the peace negotiations, held at Portsmouth, New Hampshire, that brought the war to a close.

A political economy of positions in climate change negotiations: Economic, structural, domestic, and strategic explanations

After the disappointing outcome of the Copenhagen climate summit, it still remains to be explained why the participating states chose irreconcilable negotiation positions that reflected very diverse domestic interests in spite of a publicly displayed desire for cooperation. While environmental studies have intensely investigated national climate policies and their determinants over the last few decades, little attention has been paid to the bargaining positions the same governments assume in climate negotiations. We argue that their bargaining positions reflect structural, economic, and domestic factors, but less so strategic factors. A country’s vulnerability to climate change, its power and its democratic status are among the best predictors of its choice of negotiation position; its international interconnectedness, on the other hand, does not seem to have an influence. By comparing two negotiation issues – reducing emissions and financing climate mitigation – we can show that democracies choose very different negotiation positions, depending on the issue. When it comes to compensation mechanisms, serious climate reduction measures democracies do not commit to substantial emission reduction targets due to pressure from industry at home. They are, however, more prepared than other states to pay for projects that help to reduce emissions in the sense of a compensation mechanism. By understanding the choice of negotiation positions we can thus explain why the more or less cooperative bargaining positions adopted by states led to a breakdown of the Copenhagen negotiations. We investigated this question using a novel dataset on the UNFCCC negotiations, in which the positions of all participating governments were collected by hand-coding protocols from the negotiations as well as expert interviews with negotiators.

Reasons for IPO Implementation: Empirical Evidence from the Polish Capital Market

This paper examines determinants influencing the decision to go public by enterprises under the conditions in force on the Polish capital market. The intent of this research required to collect primary data. The sample has been divided into two groups. The first group consisted of the entities that have previously executed an initial public offering (IPO), the second one included the entities that considered doing so in the past or are IPO candidates. The survey results can be summarized as follows. First, raising external capital as a reason for IPO received a strong support from the respondents of both groups of companies. Next, more than 50% of respondents in each group believe that IPO will have a positive effect on its image and publicity. Most of the respondents also believe that IPO will improve the company valuation, strengthen the management's bargaining position in negotiations with providers of external capital, and increase the attractiveness of the company as an employer. Thirdly, the respondents do not see debt reduction as a reason to go public. Low level of support was given to other reasons, which include withdrawal from the venture capital fund, diversification of the existing shareholders' portfolios, and solution to the succession problem. The results of this survey made it possible to formulate new insights as contributions towards a better understanding of corporate financing strategies under the specific conditions of the CEE region. DOI: http://dx.doi.org/10.5755/j01.ee.25.3.3529

A Dutch View on Discovery: Short and Sweet

THE United States is internationally known as a jurisdiction with broad discovery rules that pose extensive costs on defendants. (1) Like many other continental European jurisdictions, the Netherlands does not have U.S. style discovery. Nevertheless, there are more fact-finding options available under Dutch law during and before civil proceedings than one would expect at first glance. Those options are available even when the proceedings have been or will be commenced before a foreign (non-Dutch) court. A complicating factor, however, is the fact that the available options are spread out in statutory regimes of varying nature or have been developed in the case law of the Dutch Supreme Court, the highest civil court in the Netherlands, with its seat in The Hague. The result is a patchwork of fact-finding options. The most-used evidentiary patches will be briefly discussed below, including their potential cross-border implications. We will discuss the relevant provisions relating to the production of documents, the pre-trial hearing of witnesses, and the Dutch so-called inquiry proceedings, which are widely used in shareholder disputes. Those fact-finding options could be a useful tool for companies that are involved in commercial disputes and want to strengthen their settlement negotiation position, but don't want to get involved in lengthy and costly discovery proceedings. The fact-finding instruments discussed below can also be used as part of a sophisticated commercial dispute-resolution strategy. Before we zoom into three fact-finding mechanisms, a brief overview of some relevant features of the Dutch legal system will follow. I. General The Netherlands is a civil-law jurisdiction, which means that there are no jury trials, no contingency fees and no punitive damages. The Dutch judiciary is known for its competent and independent approach, a combination of common-law pragmatism with German Grundlichkeit. Moreover, the Dutch judiciary is internationally oriented and has vast experience with complex high-profile litigation and international disputes. It is accustomed to handling disputes with cross-border implications and involving foreign parties. Although the language of the court is Dutch, the judiciary doesn't feel uncomfortable when parties submit or present documents written in English. The internationalization of the Dutch judicial system was the subject of the Dutch Supreme Court's annual report for 2009-2010. (2) Also in 2011, the President of the Supreme Court expressed in a speech that Dutch judges must take into account the international dimensions of the cases with which they are confronted. (3) The Netherlands has cost-shifting rules under which the loser pays the winner's legal fees, but the loser never fully pays the winner's real costs. The legal fees that the losing party must pay are capped and are related to the amount in dispute and the number of motions or pleadings that parties filed, rather than to the winner's actual expenditures. Furthermore, court fees for individuals and for companies differ. For example, if an amount of EUR 1,5 million is in dispute, District Court fees would be EUR 3,829 for companies and EUR 1,519 for individuals. Court of Appeal fees would be EUR 5,114 for companies and EUR 1,601 for individuals. Supreme Court fees would be EUR 6,396 for companies and EUR 1,920 for individuals. (4) The winning party will receive a cost recovery dependent on the number of procedural acts, be it motions or hearings, it performed before the court. Depending on the number of motions the parties filed, the winning party before the District Court or the Court of Appeal will receive a in a case with a value of EUR 1,5 million a cost recovery of EUR 3,211 per motion or a hearing attendance. (5) The rules in the Supreme Court are slightly different: if the ruling is quashed, the party that appealed the ruling will receive EUR 2,600. If the ruling is confirmed, the opposing party will receive EUR 2,200. …

Negotiation Planning Of Autonomous Agents In Multi-agent Environment

In negotiation process, when a conflict arises between people in a society, each will try to pose some arguments to resolve the conflict and convince the other party. Successful termination of many of these interactions is not achieved only via exchange of a series of single-message suggestions and requires that an arguer offer compelling justifications to prove his/her claim. Obviously, before negotiation is started, decision should be made about the terms and arguments that can convince the other side and terminate negotiations successfully. In other words, an exact plan of arguments and their order should be prepared. The same is true about a multi - agent environment where each agent needs planning and executing a sequence of actions to achieve its goals. Some actions in these sequences are under the direct control of the planner agent and others require negotiations with other agents. Negotiation is usually carried out during the plan execution, however, it can be considered during the planning stage, as in real life. In this paper, we present a new approach that takes into account incomplete information about opponent’s position in negotiation by using a nondeterministic planner with incomplete knowlage and sensing actions. We evaluate our approach by solving a well known negotiation scenario.

Brazil and the Origins of the Multilateral Trading System

This article examines Brazil's position in multilateral trade negotiations from 1946 to 1960. It is an original contribution, as the focus only on developed countries in the literature on the creation of the multilateral trading system portrays developing countries as a monolithic bloc and does not use non-English primary sources. It is argued that Brazil was far from being a free rider in tariff negotiations and the position the country had on this issue can be explained by domestic rather than international constraints. This period also shaped Brazil's belief about the international trade order, something that had great relevance in later periods.

Different paths to power: The rise of Brazil, India and China at the World Trade Organization

ABSTRACTNew powers, such as China, India and Brazil, are challenging the traditional dominance of the US in the governance of the global economy. It is generally taken for granted that the rise of new powers is simply a reflection of their growing economic might. In this article, however, I challenge this assumption by drawing on the case of the World Trade Organization (WTO) to show that the forces driving the rise of new powers are more heterogeneous and complex than suggested by a simple economic determinism. I argue that these countries have in fact taken different paths to power: while China's rise has been more closely tied to its growing economic might, the rise of Brazil and India has been driven primarily by their mobilization and leadership of developing country coalitions, which enabled them to exercise influence above their economic weight. One important result is that Brazil and India have assumed a more aggressive and activist position in WTO negotiations than China and played a greater role in shaping the agenda of the Doha Round. Thus, although the new powers are frequently grouped together (as the ‘BRICs’, for example), this masks considerable variation in their sources of power and behaviour in global economic governance.

An Analysis of Multilateral Negotiations in the World Trade Organization

The Doha round of negotiations in the World Trade Organization (WTO)constitutes one of the prime cases of current multilateral negotiations. Butin the more than twelve years of the negotiations, little progress has beenachieved. Given this, I ask whether there is at all any zone of possibleagreement in the Doha round. To answer the question, I present a largenew dataset on the negotiation positions of the almost fifty largest WTOmembers. The dataset is based on a manual coding of the statements bythe member states’ ministers at the ministerial conferences in the years1996–2011. After the aggregation and quantification of these data, a game-theoretical analysis is performed on them. On the basis of this analysis, Ifind a relatively large zone of agreement among the states and the Nashbargaining solution of their negotiations.

‘Neutral’ experts? How input of scientific expertise matters in international environmental negotiations

This contribution analyses under what conditions expert input is most likely to be regarded by government representatives as useful and how government representatives use input provided by experts. It widens the analytical lens examining multilateral negotiations within the United Nations Framework Convention on Climate Change (UNFCCC) between 2009 and 2011. The findings confirm the importance of deep knowledge, long-term involvement in the policy subsystem and networks. This research illustrates the importance of policy-entrepreneurial strategies such as proactively approaching government representatives and volunteering knowledge. Joining government delegations can increase expert input as they may gain access to the negotiation text. It is crucial to provide input early on in the negotiation cycle before the national negotiation position is decided. Scientific consensus on climate change facilitated by the Intergovernmental Panel on Climate Change (IPCC) resulted in a convergence of the actor’s beliefs towards understanding climate mitigation and adaptation as normative imperative. Actors, however, interpret expert input based on the consensual IPCC findings differently depending on their conflicting political objectives. Thus, instrumental and political use of expert input by the interest groups overlaps in the UNFCCC.

Negotiating the relevance of laboratory work: Safety, procedures and accuracy brought to the fore in science education

This text addresses the problem of the discrepancy between teachers’ and students’ positions in negotiations about the authenticity and legitimacy of school science activities. The study focuses on the apparent conflicts concerning legitimacy and authenticity when teachers and students bring attention to safety, authenticity and accuracy during issues laboratory activities. The analysed data are excerpts made from video observations in two science classes. Analysis was made using epistemological moves describing how teachers and students make their activities relevant. The result indicates that in the classroom conversation about laboratory practice, teachers sometimes draw the attention to safety, procedures and accuracy to legitimize the activity and how they try to control it. Negotiations concerning the legitimacy and authenticity of activities seem inevitable. Unless understandable agreements are reached, the negotiations jeopardize a successful understanding of the Nature of Science (NOS). Misunderstanding of the authenticity of activities contributes to a reduction of their legitimacy, and undermining teaching of context independent knowledge.

Explaining EU Performance in the NPT Review Conferences: Limited Ambitions but Pragmatic Positioning

In this article explanation for the EU’s negotiation performance in the Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT RevCon) is offered. First examining how the EU has performed over the period 1995 to 2010, it conducts a systematic review of how EU performance has been shaped by a range of variables including the interests of its Member States, its own institutional capabilities, and the wider conditions of the international system. It argues that the major challenge for EU performance within the NPT has been its own negotiation positioning which, beset by limited ambitions, has confined the EU to always being a supporter of the NPT regime rather than a driver of it. Explanation for this can be seen not merely in the invariable challenge of trying to coordinate highly divergent energy and security Member State interests into a workable common position, the lack of EU competence in this field, but also by the difficult structural conditions within the negotiation environment. Taking these conditions into consideration it is suggested that the EU’s limited ambition within the NPT may also be the most pragmatic positioning it can take.

Regulatory competition as a social fact: Constructing and contesting the threat of hedge fund managers’ relocation from Britain

ABSTRACTConcerns about national competitiveness can undermine the prospects of enhanced financial regulation, as the threat of industry relocation makes states less willing to tighten rules. This logic seems applicable in the case of the European Alternative Investment Fund Managers Directive: in fear of managers relocating, the UK, which hosts almost the entire European alternative investment sector, successfully advocated a watering down of the proposed requirements. This paper, however, questions the origins of the – seemingly natural – British negotiation position. The empirical record confirms that the relocation threat is not a necessary fact imposed by a global logic of market forces, but a scenario constructed and contested both by the regulator and firms. The scale and imminence of the threat posed to the UK's competitiveness depends on the use and function of competing narratives about hedge fund managers’ relocation and these narratives inform the behaviour of both hedge fund managers and their regulator. The British authorities hence not only influence the degree of regulatory competition through acts of liberalisation, but also through their influence on dominant narratives. This means that regulatory competition is a social, not a brute fact, and that the associated power relationship between state and market actors is discursively produced.

Russian PNR system: Data protection issues and global prospects

The usage of Passenger Name Record (PNR) for security purposes is growing worldwide. At least six countries have PNR systems; over thirty are planning to introduce them. On 1 December 2013, a Russian PNR system will be implemented. But enhanced collection of personal data leads to increased surveillance and privacy concerns. Russian authorities state that passengers' rights will be respected, but a closer look at the Russian regime reveals a number of critical points. From a global perspective, the Russian regime is only one of many PNR systems, including new ones to come in the future. Apparently, for the majority of them, similar challenges and problems will apply. At the same time, for the EU, with its strict data protection requirements, PNR requests by third countries (i.e. non-EU countries) create conflicts of laws. In order to resolve them, the EU concludes bilateral PNR agreements. However, the current deals, especially the one between the EU and the USA, involve a number of weaknesses. Accepting the latter, and having a pending proposal on the EU PNR system, the EU has weakened its position in negotiations with third countries. How will the EU deal with the Russian as well as with all the future requests for PNR? This paper provides legal analysis of the Russian PNR regime, pointing out common problems and giving prognosis on the global situation.

Aiming to be Environmental Leaders, but Struggling to go Forward: Sweden and Norway on Energy System Transformation

To achieve the needed 95% reduction in greenhouse gas emissions, almost all energy consumed globally will have to stem from low-carbon sources, not least from renewable energy. Sweden and Norway have long sought to become world environmental leaders, institutionalizing policies on environmental and climate issues as well as taking ambitious positions in the global climate negotiations. They are comparably well placed to become carbon-neutral societies, with large renewable energy resources and substantial financial and institutional capacity to invest in reaching this target. Focusing on the production of new renewable energy in their energy system transformations from 1960 until the present, this paper investigates why the two countries have pursued such different paths, and what might be learned. The method used is the ‘most similar systems design’; data sources are public documents and 16 interviews with key persons in Sweden and Norway. The results show that politics and public policies have had profound impacts on which renewable energy sources have been developed, when and how. Sweden, lacking access to new cheap hydropower after 1970, has generally implemented more ambitious and comprehensive policies, leading to much higher production of new renewable energy than in Norway. Differences might thus be explained by differences in resource endowments, long-term research and innovation efforts, combined with creation of markets and predictable policies. Enhanced new renewables production has boosted energy security and stabilized the energy systems in both countries. The Swedish-Norwegian green certificate market has mainly contributed to expansion of already cost-competitive or nearly cost-competitive technologies: small-scale hydropower in Norway and biopower and wind power in Sweden.

China's position in negotiating the Framework Convention on Tobacco Control and the revised International Health Regulations

This paper examines China's position in the negotiations of the Framework Convention on Tobacco Control and the revised International Health Regulations. In particular, it explores three sets of factors shaping China's attitudes and actions in the negotiations: the aspiration to be a responsible power; concerns about sovereignty; and domestic political economy. In both cases, China demonstrated strong incentives to participate in the negotiation of legally binding international rules. Still, the sovereignty issue was a major, if not the biggest, concern for China when engaging in global health rule making. The two cases also reveal domestic political economy as an important factor in shaping China's position in international health negotiations.

The Strategic Role of Third-Party Marketplaces in Retailing

Retailers are increasingly adopting a dual-format model. In addition to acting as traditional merchants (buying and then reselling goods), these retailers also provide a platform for third-party sellers to access and compete for the same customers. In this paper we investigate the strategic rationale for a retailer to introduce a third-party (3P) marketplace, by addressing the following questions: how does the existence of the 3P marketplace alter the outcome of the bargaining game between a manufacturer and the retailer and how does it affect their profits? Our analysis provides insights into the growing prevalence of 3P marketplaces. We show that by committing to having an active 3P marketplace the retailer creates an that improves its bargaining position in negotiations with the manufacturer. This can explain the increasing prevalence of such marketplaces. On the other hand, the manufacturer would prefer to eliminate this retailer's outside option and should seek to limit or prevent sales through 3P marketplaces. This is consistent with actions that several manufacturers have taken to limit such sales. Interestingly, if the manufacturer fails to eliminate sales of competing products through the 3P marketplace, then the best strategy for the manufacturer is to allow the retailer to dictate the terms of their contract. This is due to the fact that an all-powerful retailer will rely less on its outside option in generating profit, and therefore it will increase the fees charged to 3P sellers and soften the competition between 3P sellers and the manufacturer. The decrease in competition will lead to an increase in the value of outside option of the manufacturer and improve its profit. Additionally, we find that the presence of a 3P marketplace benefits consumers (due to the introduction of downstream competition), but this benefit diminishes as the retailer is becoming more powerful.