Negotiation Of Agreements Research Articles

Are social contracts possible without actual negotiation?

AbstractThis article addresses one of the several moral arguments for the state, the social contract argument, showing that this argument has been inadequately justified. The terms of any contract are determined by negotiation among the parties to the contract. The terms of any contract cannot be known absent actual negotiation to produce them. Social contract theorists widely believe that actual negotiation and actual agreement with a social contract did not occur, so their theories rest on hypothetical scenarios in which people would agree to the contract’s terms. Because actual negotiations did not produce a social contract, one cannot know its terms. This calls into question whether people could be obligated to abide by a social contract whose terms were not negotiated and hence are unknowable.

Non-State Actors in Asymmetric Conflicts: What does It Mean and What Follows of It

The article examines the problem of the participation of non-state actors in armed conflicts in the post-war period. The study is based on the theory of asymmetric conflict, which offers hypotheses about the reasons for the paradoxical defeat of developed countries against relatively weak opponents, including non-state actors. The empirical basis of the study is armed conflict databases, which allow us to test sole observations and hypotheses about the characteristics of asymmetric armed conflicts. The study uses the databases of the Uppsala Conflict Data Program Project (Sweden) and the COSIMO Project (University of Heidelberg, Germany) as well as publications of the Stockholm International Peace Research Institute (SIPRI). The study shows that the phenomenon of asymmetric conflicts reflects several important patterns of armed conflicts in the post-war period: the predominance of intrastate over interstate conflicts; the internationalisation of armed conflicts through the involvement of other countries, international organisations or non-state actors; the direct or indirect involvement of great powers in such conflicts; and the majority of armed conflicts occurring in Asia, Africa and the Middle East. Post-war armed conflicts are often referred to as “proxy wars” because the direct participants in the conflict are supported by external actors – states or non-state actors. The issues in conflicts between states and non-state actors are often political in nature, and the fundamental distinction between domestic and foreign policy has been overcome. The post-war period shows a gradual change of attitude towards the participation of non-state actors in armed conflicts, which reflects the recognition of their legitimacy as participants in the conflict, the negotiation and conclusion of agreements on the cessation of hostilities. Non-state actors in armed conflicts are themselves legitimised as representing the interests of particular groups and the goals of their struggle. UN peacekeeping operations since the end of the Cold War confirm these changes. Research on the participation of non-state actors in armed conflict reveals a broadening of the agenda and methodology for the study of post-war armed conflict, reflecting significant changes in the practice of international relations. These changes concern who is recognised as a legitimate actor in international relations, what role non-state actors play in armed conflict, and how non-state actors are viewed by other actors in international relations – states, international governmental and non-governmental organisations.

Daily Challenges and Resources of Adults with Chronic Dysphagia: A Qualitative Investigation.

Identifying and addressing daily challenges and resources associated with chronic oropharyngeal dysphagia (OD) is a pivotal, though still neglected component of person-centred care, yet overlooked in research studies. To investigate these dimensions, 25 Italian adults with chronic OD due to cancer or neurodegenerative diseases participated in semi-structured interviews, designed following a modified framework analysis approach. Two researchers independently transcribed and coded interviews, elaborated a working analytical framework, indexed and charted the data, solving discrepancies through negotiated agreement and discussion with a third researcher. Proportion agreement on extracted quotations was calculated. Overall, 457 quotations were extracted from the interviews (88% agreement). Daily challenges pertained to physical, practical, and social domains; most participants reported OD-related problems; almost half mentioned care needs and obstacles in using healthcare services. Concerning resources in OD management, most participants referred to problem-focused and meaning-focused coping strategies, personal capabilities, and support from family and healthcare services. Finally, almost half of the participants reported OD-related changes in life view and meaning. Findings suggest that adjusting to OD implies challenges and resource mobilization in different life domains. Future studies should longitudinally elucidate the dynamics of positive adjustment, to promote patient-centred OD care based on individually perceived needs and challenges, and to inform healthcare policies.

INDONESIAN ECONOMIC DIPLOMACY IN ACCELERATING INDONESIA-CANADA CEPA NEGOTIATIONS

This research investigates the economic cooperation between Indonesia and Canada under the comprehensive economic agreement, which builds on a trade relationship established in 1951. The agreement aims to address trade challenges and boost economic activities between the two nations by incorporating economic, environmental, and human resource considerations, aligned with their national interests and values. Findings indicate that both countries are collaboratively overcoming trade barriers through comprehensive economic cooperation. Negotiations have advanced to the eighth round, addressing various sustainable issues and resulting in notable improvements in trade regulations, technical implementation, and overall cooperation. This research employs an exploratory qualitative method, focusing on bilateral cooperation and economic diplomacy. The aim is to examine and comprehend Indonesia's efforts at economic diplomacy in expediting the agreement negotiations, as well as to evaluate the effects of these initiatives on the bilateral economic ties between Canada and Indonesia, and the consequences for Indonesia's economic growth and global trade.

Running out the digital clock: transatlantic privacy politics and veto points in time

ABSTRACT Why does the European Commission continue to sign onto unstable international data flow agreements with the United States? After two agreements were struck down by the European Court of Justice, and clear signals that a new one could meet a similar fate, the European Commission agreed to the Data Privacy Framework. To make sense of this behavior, we connect traditional work on veto points with work on historical institutionalism to highlight an international negotiation strategy – running out the clock. While traditional veto points literature suggests multiple institutions with varying preferences will limit the set of potential policies or their adoption, we highlight how these dynamics change when considering veto points in time. We showcase our argument by building three historical narratives detailing the negotiation of the successive data flow agreements. Our findings have important implications for the future of the transatlantic privacy regime as well as negotiation dynamics.

On the contested compliance of CBDRRC and the erosion of trust

ABSTRACT Trust is necessary to ensure international cooperation between nation-states who negotiate responses to address the causes and effects of climate change. There is reason to believe that an erosion of trust has been happening since the Paris Agreement negotiations. Yet, it is unclear if and how trust started to erode. Interviews with twenty-two climate negotiators indicate that a contested compliance with CBDRRC is resulting in an erosion of trust in line with issues of reliance, unfulfilled responsibility, lack of reciprocity, and absence of recognition. Such issues include a perceived lack of compliance with the provisions of finance and other forms of support, lack of progress in reflecting the highest possible ambition in the implementation of NDCs, and challenges in increasing resilience and addressing loss and damage. An erosion of trust from contested compliance with organising principles has significant implications for climate negotiations, especially for the transition away from fossil fuels.

Pandemic Agreement Must Include Levers to Redirect Pharmaceutical Industry Behaviour During Pandemics; Comment on "More Pain, More Gain! The Delivery of COVID-19 Vaccines and the Pharmaceutical Industry’s Role in Widening the Access Gap"

Borges and colleagues rightly argue that an international treaty is needed to curtail the profitdriven behaviour of the pharmaceutical industry during pandemics. The Pandemic Agreement currently being negotiated by Member States of the World Health Organization offers an important opportunity to equip nation states with greater leverage over industry behaviour. In this commentary, we examine the potential of current draft textual proposals for the Pandemic Agreement to redirect pharmaceutical behaviour in future pandemics. However, the future of the Agreement negotiations remains uncertain in the wake of the failure to conclude negotiations in time for the 2024 World Health Assembly. Further, there is limited consensus over proposals that could enable nation states to have greater leverage over industry behaviour. A concerted effort will need to be made to achieve a consensus text that shifts the status quo by giving nation states more power to curtail the self-interest of the pharmaceutical industry.

Rhetorical entrapment in international negotiations: A new pathway and mechanisms

Rhetorical entrapment plays a key – but often overlooked – role in the theory and practice of international relations. In this article, we develop a new pathway and mechanisms of rhetorical entrapment. Our key argument is that current literature has focused too much on normative forms of rhetorical entrapment. Although insightful, this misses empirical forms of rhetorical entrapment. Drawing on Habermasian theory, we suggest that normative and empirical validity claims give rise to alternate pathways and mechanisms of rhetorical entrapment: the normative pathway encapsulates framing, identity and legitimacy; whereas the empirical pathway is mediated by information, reputation and trust. To explore this theoretical argument, we engage in a plausibility probe of international investment agreement negotiations. Drawing upon in-depth interviews with various state negotiators, we find that empirical rhetorical entrapment is pervasive. We document this pathway and mechanisms. We conclude by developing the broader causal and normative implications of our argument.

Enhancing sustainable development in the energy sector through strategic commercial negotiations

Sustainable development in the energy sector necessitates a delicate balance between economic growth, environmental stewardship, and social well-being. Strategic commercial negotiations play a pivotal role in achieving this balance, facilitating agreements that align with sustainable development goals (SDGs). This paper explores the intersection of commercial negotiations and sustainable energy practices, emphasizing how strategic negotiations can drive progress towards sustainability. In the contemporary energy landscape, the shift towards renewable energy sources and the implementation of green technologies have become imperative. Effective commercial negotiations are essential in securing investments, fostering partnerships, and establishing frameworks that support the adoption and integration of sustainable practices. Key negotiation strategies include the incorporation of environmental, social, and governance (ESG) criteria, long-term planning, and the adoption of flexible yet robust contract structures. ESG considerations ensure that negotiations address not only financial outcomes but also the broader impact on society and the environment. By prioritizing ESG factors, negotiators can promote responsible business practices that mitigate environmental risks and enhance social benefits. Additionally, long-term planning in negotiations enables stakeholders to align their objectives with global sustainability targets, such as the Paris Agreement and the United Nations SDGs, ensuring that energy projects contribute positively to climate action and sustainable development. The adoption of flexible contract structures is also critical. These structures should accommodate technological advancements and evolving regulatory frameworks, allowing for adaptive management of energy projects. Such adaptability is crucial in a sector characterized by rapid innovation and changing market dynamics. Furthermore, collaborative approaches in negotiations, involving multiple stakeholders including governments, private sector entities, and civil society, can foster inclusive and transparent decision-making processes, enhancing the legitimacy and acceptance of negotiated agreements. In conclusion, strategic commercial negotiations are instrumental in advancing sustainable development in the energy sector. By integrating ESG criteria, long-term planning, and flexible contract structures, negotiators can secure agreements that not only drive economic growth but also promote environmental sustainability and social equity. This approach ensures that the energy sector can contribute effectively to global sustainability goals, creating a resilient and sustainable future. Keywords: Energy Sector, Enhancing, Sustainable Development, Strategic, Commercial Negotiations.

A study of irrigation conflict in Khageri irrigation project

While Nepal is rich in water resources, there are also plenty of water related problems. Issues like water scarcity; improper water allocation, distribution, collection of water fees, farmers’ cooperation, performance of water users association etc give rise to water-induced conflict. As there is a wide range of such issues, this article examines only the conflict of water in the sector of irrigation and its management practices. This article assesses the major dimensions of irrigation management and how these dimensions give rise to conflict using a case study of the Khageri irrigation project (KIP). This study is based on the qualitative design including key informant interviews (KII), focus group discussion (FGD) and participant observation. The informants cover key stakeholders like members of water users associations, elderly farmers, local government officials, etc. Some of the major issues concern to conflict is the denial of riparian rights, repair and maintenance activities related to the canal, resource rights dilemmas, human encroachment to the canal, park control and legal restrictions etc. In addition, impact of climate change is one of the major factors that escalate conflict in the study area. Theory of co-management, Hardin’s tragedy of commons -position, interest, and needs (PIN), the best alternative to a negotiated agreement (BATNA), etc. were used as a theoretical lenses to analyze the findings. Analysis through these theories has further given rise to some other new theoretical models like neo-liberal socioeconomic resource management.

Exclusionary Inclusion: The Unforeseen Consequences of Norm Promotion in Myanmar’s Nationwide Ceasefire Agreement Process

ABSTRACT What happens when the promotion of ‘inclusive peace’ creates an exclusionary negotiated settlement? Through analysing the promotion of inclusion in Myanmar's Nationwide Ceasefire Agreement (NCA) negotiations that took place from 2011–15, I challenge claims in peace research that the more inclusive a peace process is, the more effective the outcome. Through discussing how the promotion of the inclusivity norm to the negotiating parties had unintended negative effects on the outcome of the process, namely excluding certain armed groups and crowding out civil society actors, I argue against assuming that integrating salient peacemaking norms always result in effective outcomes.

Quiet early bird or loud late riser? Parliamentary activities and types of European Parliament involvement during the negotiation of international agreements

ABSTRACT This paper inductively distinguishes six types of European Parliament (EP) involvement in the negotiation of international agreements. Since 2009, the EP has veto power on international agreements and has leveraged it through various activities such as resolutions. However, there exists no cross-case characterization of the EP’s involvement. Therefore, this paper asks: what are the types of EP involvement during the negotiation of international agreements? To systematically compare the nature, frequency and timing of EP activities, sequence analysis is applied to a dataset of EP activities relative to the 344 agreements concluded since 2009. For a majority of agreements, the EP acts as a ‘bystander’ and does not conduct any activities. When it does conduct activities, the EP most frequently acts as a ‘loud late riser’ and is active only during the ratification stage. For other agreements, EP involvement is very diverse regarding the timing and frequency of activities.

CARICOM as the Coordination Mechanism for Caribbean Small Island Developing States Participating in the Global Plastics Treaty Negotiations

Abstract The specific processes involved in the Caribbean Community’s (CARICOM) role as a coordination mechanism for its Member States, composed of Caribbean Small Island Developing States (SIDS), participating in multilateral environmental agreement (MEA) negotiations are sparsely documented within academic literature. CARICOM Member States have increasingly suffered from the transboundary movement and deposition of plastic litter on their coastlines. The Intergovernmental Negotiating Committee (INC) convened in November 2022 to develop an international legally binding instrument to manage plastic pollution, including in the marine environment. Known as the global plastics treaty, Caribbean SIDS face inequities in their ability to adequately prepare and participate in this negotiation forum. CARICOM’s history of addressing environmental issues, notably through its participation in MEAs, has positioned CARICOM as a significant negotiating bloc in MEA meetings. This study classifies CARICOM’s systematic coordination processes for preparing its Member States for MEA negotiations and assesses opportunities, challenges and limitations for CARICOM to serve as the coordination mechanism for preparing its Member States for the ongoing global plastics treaty negotiations.

The WHO Pandemic Agreement should be more specific about when and how to enable global access to technology

Timeliness is repeatedly referenced in the World Health Organization (WHO) Pandemic Agreement negotiation draft, published in March 2024. However, the draft remains vague with regard to what is considered timely. Health policymaking should be much more conscious of the time scales it evokes and implements in order to support global equity and solidarity. The Pandemic Agreement negotiation draft could be made more specific to foster global synchronicity by: (1) replacing ‘best endeavor’ language with enforceable timelines, particularly for benefit sharing mechanisms, (2) mandating an automatically triggered time-bound IP waiver for pandemic health technologies to accelerate manufacturing and distribution scale-up to global levels, and (3) strengthening the pandemic fund and debt relief mechanisms to safeguard financial resources to enable global synchronicity for future pandemic prevention, preparedness, and response. In summary, global solidarity during a pandemic requires more attention to synchronicity by ensuring the simultaneous implementation and rollout of measures to prevent, contain, or end a pandemic in different countries or regions.

The COVID-19 pandemic and the development of global health law: managing crises or achieving structural changes?

The COVID-19 pandemic has been a global crisis with multiple causes, effects and consequences going beyond its immediate health impact. On the one hand, environmental drivers may have facilitated the spillover of the virus to humans, while on the other the pandemic has affected most areas of international relations and revealed a troubling lack of equity and solidarity within and among countries. However, what was the real crisis? Framing COVID-19 as a health crisis brought the negotiation of a new pandemic agreement into WHO as a crisis measure to fill the gaps left by the International Health Regulations and reduce the risk of future pandemics. International law has been defined as a “discipline of crisis”, evolving through responses to violent shocks, and COVID-19 seems to confirm this view. However, international law has also been shaped by a counternarrative highlighting the structural causes of crises and addressing them rather than the symptoms. This historical tension has negatively affected the negotiation of the pandemic agreement, with Global South countries moving beyond a crisis approach and demanding “equity” through structural changes to the pharmaceutical market, support for self-reliance in pharmaceutical manufacturing and guarantees of financing. This fault line also has consequences for global health law in general, in particular because the scarcity of dedicated global health instruments and the limited mandate of WHO questions what issues can be regulated through that organization and which will require the interplay of different institutions and regimes, pointing to regime complexity as the appropriate conceptual tool to undertake that analysis.

Explaining the politicization of EU trade agreement negotiations over the past 30 years

AbstractAlthough the Transatlantic Trade and Investment Partnership with the USA and the Comprehensive Economic and Trade Agreement with Canada have elicited considerable domestic contestation in Europe, several other agreements have been negotiated into public and media indifference. What explains this difference? In this article, I put forward a number of arguments on the structural causes of the politicization of European Union (EU) trade policy over the past 30 years and test them against a newly collected dataset covering 19 preferential trade agreements. The qualitative comparative analysis suggests that the politicization of EU trade negotiations is determined by the co-occurrence of several, well-defined conditions. More specifically, it tells us that: (1) the Lisbon Treaty's reform of EU trade policymaking is the main driver of politicization, (2) the level of public support for the EU is of particular relevance when it comes to ‘deep and comprehensive’ agreements that touch on sensitive domestic issues, and that (3) high adjustment costs expected from trade liberalization can lead to the politicization of trade negotiations.

Structural Evolution and Its Determinants of Domestic Value-Added Network of Digital Service Exports Based on Temporal Exponential Random Graph Model

ABSTRACT Digital service trade has become an important engine of world economic growth, and its competitive landscape is also evolving. We construct domestic value-added networks of digital service exports (DVAN-DSEs) from 1995 to 2018 based on the world input-output table, and explores their structural evolution and determinants using Temporal Exponential Random Graph Model. We find that (a) the DVAN-DSEs present the features of agglomeration, heterogeneity, reciprocity and unevenness. (b) The United States and European countries are the core in DVAN-DSEs. (c) Preference attachment, structural embeddedness, delayed reciprocity, stability, variability, Matthew effect in GDP, population and Internet coverage, geographical proximity, cultural similarities, and regional trade agreements play important roles in the evolution of DVAN-DSEs. (d) Structural embeddedness and geographic proximity only facilitate new relationship construction, while other factors influence both relationship establishment and maintenance. Countries should build network facilities, expand trading partners and promote trade agreement negotiations to facilitate the development of digital service trade.

Does bank competition improve borrower welfare? Evidence from China

Whether borrowers can directly benefit from bank loans is an important criterion for assessing the economic effect of bank competition. Based on the increasingly fierce competition in China's lending market, we establish a bargain model to investigate the internal mechanism through which bank loan competition benefits borrowers. We then construct a two-tier stochastic frontier model to measure borrower payoff in loans and apply the Lerner index to investigate bank loan competition. We employ the data of 82 Chinese commercial banks between 2014 and 2021 to study how bank loan competition impacts borrower welfare. The results show, first, that the higher the degree of lending market competition, the greater the loss banks suffer from lengthy loan agreement negotiation processes, and the better off borrowers are. Second, a bank's dominant position in loan negotiation leads to net welfare losses and higher financing costs for borrowers. Third, loan competition results in better financial service to the real economy by offering net welfare gains to borrowers. This study not only enriches the literature on the micro-economic effects of bank competition, but also provides policy implications to both deepen financial marketization reform and accelerate construction of efficient institutional mechanisms to infuse finance into the real economy.

Ewolucja stanowiska Francji wobec Ukrainy w latach 2014–2022 jako przykład gry geopolitycznej mocarstw na obszarze Europy Wschodniej

After 1989, France treated Eastern Europe as Russia’s sphere of influence. Until 2014, Ukraine was perceived as part of the former Russian Empire. After the annexation of Crimea by Russia, France became diplomatically active by participating in the negotiations of the Minsk agreements under the Normandy format. However, for the following years, Ukraine remained dependent on France’s political support towards Russia. The analysis aims to show the evolution of France’s position towards Ukraine in 2014–2022. This process consists in a transition from a lack of understanding of Ukraine’s geopolitical situation and desire to maintain dialogue with Russia to provide full support to Ukraine in its pursuit of European integration and real economic, political, military and humanitarian support. The analysis concerns the change of the position of France, its causes and importance for France-Ukraine relations and for Eastern Europe in the new geopolitical realities.

African continental free trade area and greenfield investment: Likely effect and transmission channels

AbstractWe examine the likely effect of the African Continental Free Trade Area (AfCFTA) on African investment using data on announced greenfield investment. Departing from existing work on this subject, we add value by providing estimates based on a general equilibrium counterfactual analysis in a structural gravity framework. Results suggest that the stock of announced intra‐African greenfield investment in 2018 would have increased by 0.7 percent from a successful implementation of the AfCFTA in that year relative to the baseline scenario of no agreement, with considerable heterogeneity across source and destination countries. Moreover, the positive effect is found to increase with the depth of the negotiated agreement. Exploring possible transmission channels we find the trade elasticity of announced greenfield investment to be positive, especially for trade in intermediates in African host countries with strong governance indicators. This suggests that, by improving institutional quality and galvanising regional value chains, integration within Africa could also incentivise investment.