Negotiation Of Agreements Research Articles

Overview of Regulations on Cross Border Data Flow

The high importance and immense power of data, coupled with a lack of consensus on the definition of this term, have led to multiple challenges in this field. Data protection legislation can be traced back to the Enlightenment era, which explains why the EU has always regarded personal data protection as a fundamental human right. As the third generation of personal information protection legislation, GDPR not only expands the extraterritorial application effectiveness, but also strengthens the administrative sanctions function of DPA. The EU has considered commitments regarding cross-border data flows in recent trade agreement negotiations, indicating a trend towards repositioning its considerations between data protection and trade interests. The primary issue facing the regulation of cross-border data flow under the WTO framework is to clarify the applicability of GATS commitments to digital trade and cross-border data flow. At the FTA level, few trade agreements explicitly address the issue of data localization requirements. For the first time, CPTPP sought to explicitly restrict the use of data localization measures, with the exception of "legitimate public policy objectives", and this template was subsequently followed by FTA. In response to the regulation of cross-border data flow in China, scholars have put forward their own opinions from different perspectives, from the objects of learning and reference to specific suggestions.

Gender Equality Provisions in Trade and Investment Agreements: Are They Widening the Negotiation Capacity Gap?

AbstractIn the recent years, there has been an upsurge in the number of countries that are mainstreaming gender equality concerns in their trade and investment agreements. These recent developments challenge the long-standing assumption that trade, investment, and gender equality are not related. They also show that gender mainstreaming in trade and investment agreements is here to stay. However, very few countries – mostly developed countries – have led this mainstreaming approach and have made efforts to incentivize other countries to negotiate gender-responsive trade and investment agreements. The majority of developing countries are yet to take their first steps in negotiating such policy instruments with a gender lens, and their hesitation can be grounded in various reasons including fears of protectionism, lack of data, paucity of understanding and expertise, and, more broadly, constraints relating to their negotiation capacity. Moreover, the inclusion of gender-related concerns in the negotiation of such agreements has deepened and widened the negotiation capacity gap between developed and developing countries. In this article, the authors attempt to assess this widening negotiation capacity gap with the help of empirical research, and how this capacity gap can lead to disproportionate and negative repercussions for developing countries more than developed countries.

Patients with Private Insurance Endure Significantly Longer Delays in Time from Intent to CAR-T to Apheresis (Brain-2-Vein) in Multiple Treated Diffuse Large B-Cell Lymphoma: Analysis By Cellular Therapy Intent Quotient (CTIQ)

Introduction: Since FDA approval in 2017, chimeric antigen receptor T-cell (CAR-T) therapy has become an integral part of the treatment algorithm for diffuse large B-cell lymphoma (DLBCL). Despite CD19-modified CAR-T effectiveness in multiple prospective clinical trials, with the transition to a commercial product at an authorized treatment center (ATC) it became apparent that multiple steps additional steps were needed before apheresis for a commercial CAR-T cell product. The workflow for an ATC namely during the B2V time appeared to be significantly different than the clinical trial experience. There remains a dearth of data that evaluates the impact of the B2V time. Intent to pursue CAR-T therapy in the commercial environment has two time periods: Brain-to-Vain (B2V) and Vein-to-Vein (V2V). The B2V time encapsulates referral and evaluation for CAR-T, purchase authorization, when needed negotiation of a single case agreement (SCA), and slot assignment for collection of a cellular product. The time between apheresis and cellular product infusion is known as the V2V period, which is product specific and established from prospective clinical trials. We identified that patients with private insurance or Medicare with managed plans at our institution often require a SCA. A SCA is a contract between the insurance company and the ATC that allows the patient to receive therapy using their in-network benefits. We hypothesized there would be a discrepancy in the B2V time between patients who required a SCA and those who did not. We further hypothesized that patients who did not require a SCA would experience significantly improved treatment outcomes, including a higher percentage achieving the best response of complete response (CR) with a superior prolonged overall survival (OS). Methods: To test these hypotheses, we performed a single-center retrospective study of consecutively evaluated patients with DLBCL who had at least two prior lines of therapy and intended to receive CAR-T therapy with a single CAR-T product at the University of Nebraska from 2018-2022. Patient and disease characteristics were collected. Intent to CAR-T (iCAR-T) was defined as the date of consultation at the ATC to date of apheresis of the product. Cellular therapy intent quotient (CTIQ) was defined as the number of infused with a CAR-T product versus those who intended to go to CAR-T. Those patients who intended to go to CAR-T but did not proceed to apheresis or product infusion were included in the calculation of CTIQ and OS. Results: Of 64 patients who intended to receive CAR-T therapy, 42 required a SCA (66%). Most (39/42) of the patients requiring a SCA had private insurance. All (22/22) of the patients in the non-SCA cohort had public insurance. The was no difference between cohorts based on gender, disease characteristics, distance traveled to ATC, and prior lines of therapy. As expected, the non-SCA cohort was significantly older than the SCA cohort, with mean ages of 69 and 55 respectively (p=0.0001). The CTIQ for the entire group was 94% (60/64). Of the 42 patients who required a SCA before apheresis, 39 (CTIQ– 92.8%) underwent apheresis. Of the 22 patients who did not require a SCA, 21 (CTIQ–95.5%) underwent apheresis. Of the patients who were apheresed, the B2V time was significantly longer for the SCA (42 days; 15-92) compared to the non-SCA cohorts (24 days; range 7-78)(p=0.0005). The average V2V times for the SCA and non-SCA groups were comparable at 29 and 31 days, respectively. All patients who underwent apheresis had their CAR-T cells infused. No significant difference in best response of CR or OS was observed. The best response of CR for the SCA and non-SCA groups was 46% and 57%, respectively (p=0.417). The median OS post-iCAR-T for the SCA group was 19 months, and the median OS for the non-SCA group was 45.2 months (p=0.3327). Conclusion: Patients who require a SCA experienced a significantly longer time to CAR-T apheresis compared to those not requiring a SCA. The longer B2V time acknowledges a period that is often unaccounted for in other trials. Our assessment was limited due to small cohort size and implementation of bridging therapies (results to be presented). Further investigation comparing the CTIQ and B2V time to outcomes with commercial products is warranted to ensure patients are receiving equitable access regardless of insurance type.

The Italian experience with the use of monitoring registers attached to negotiated agreements (MEAs) of the Italian Medicines Agency is a tool for governance and clinical appropriateness

The use of monitoring registers with annexed negotiation agreements (MEAs) of the Italian Medicines Agency (AIFA) are the pillar of Italian healthcare governance to guarantee the correct allocation of economic healthcare resources. In Italy, an analysis was conducted in the context of a local health authority where all negotiation activities were implemented to verify the amount of reimbursements that can be recovered through the use of all available procedures on the monitoring registers. The purpose of this analysis was to highlight any criticalities which, if not properly addressed by doctors and pharmacists, can lead to considerable financial loss. Correct verification by the hospital pharmacy resulted in an economic recovery of approximately EUR 579,443.40 for the year 2022 and EUR 682,225.30 in the first 9 months of 2023. This analysis is intended to highlight how effective collaboration between doctors and pharmacists can lead to clear economic advantages with an efficient health system to the total benefit of citizens.

Tales of creation: advocacy coalitions, beliefs and paths to policy change on the ‘energy efficiency first’ principle in EU

The co-legislators of the EU adopted in July 2023 a revised version of the Energy Efficiency Directive, implying that the ‘energy efficiency first’ (EE1) principle is made legally binding for member states, to apply in policy, planning and investment decisions exceeding euro 100 million each and euro 175 million for transport infrastructure projects. The EE1 principle complements two other guiding principles of EU energy and climate policy: cost-effectiveness and consumer protection. This article analyses the policy process and politics leading to the adoption of the EE1 principle as a legal institute in EU energy and climate policy. Policy core and secondary beliefs of four different advocacy coalitions are identified, and explained what are the paths to policy change. Lines of dispute among the coalitions related to (i) the purpose and meaning of energy efficiency policy, (ii) the size of projects covered (all projects or only very large projects) and (iii) which sectors to be covered (the public sector or both the public and private sectors). The adoption of the EE1 principle as a binding provision follows an ‘external shock’ to the political subsystem of energy efficiency, namely the Paris Agreement and the subsequent adoption of an EU climate law strengthening the EU climate targets for 2030 and 2050. In addition, it is a ‘negotiated agreement’ between the Council and the Parliament, undertaken as a deliberative problem-solving exercise rather than bargaining. The deliberative nature of the negotiations opened for ‘policy-oriented learning’ across belief systems in the subsystem.

Mitsprache oder Mitbestimmung?

This article addresses the questions of the foreign policy competencies of the Federal Assembly and how it made use of them in the negotiation of the institutional framework agreement with the EU. After a historical classification and a discussion of the relevant legal basis, the author undertakes a computer-aided content analysis of the parliamentary debates on the agreement in the Official Bulletin of the Federal Assembly. The results are then analyzed with recourse to previous insights. In doing so, he shows that there is an interplay between the expansion of parliamentary powers and diminishing opportunities for shaping them and that the Federal Assembly strives to fulfill its partial responsibility for foreign policy. In his conclusions, the author states that the increasing internationalization challenges the cooperation between the Federal Assembly and the Federal Council and that the rights to information and consultation play a key role in this debate.

‘Stop the Pact‘! The Foreign Policy Impact of the Far-Right Campaigning Against the Global Compact for Migration

ABSTRACT In 2018, the UN Global Compact for Migration (GCM) was signed by a majority of countries. The GCM was the first intergovernmentally negotiated agreement, prepared under the auspices of the United Nations, to cover all dimensions of international migration in a holistic and comprehensive manner. Seventeen countries, among them Italy, Austria, Hungary and Poland, abstained or voted against this non-binding agreement as they feared interference in their national sovereignty. The polarising potential of the GCM, that supposedly sets global regulations against national policies, has been fuelled by far-right actors throughout Europe. Framing the decision on the GCM as a referendum against the allegedly liberal governance of migration in the European Union, movements and parties launched a multi-faceted campaign that generated protest and spurred advocacy networks transnationally. In this paper, we analyse the extent to which the campaign against the GCM influenced foreign policy in the narrow sense of countries signing or not signing the pact (short-term impact), but also in terms of discourse and policy on immigration (long-term impact), more broadly. We explore the relative role of campaigning against the GCM by contrasting four country cases – Austria, Belgium, Germany, and Italy, each of which had different governmental constellations and previous extra-parliamentary mobilisation on migration. Our work offers a first in-depth comparative study of this key campaign that has otherwise remained understudied in the field of protest, media and extremism studies. By providing a comparative analysis of the same campaign in four European countries, we aim to offer important insights on how the far right is attempting to impact decision making in foreign policy contexts and what factors might explain its mobilisation and influence capacity.

Kissinger’s wrath: the reassessment of the US-Israel relationship (March 1975)

This article delves into the often-overlooked emotional aspect of Secretary of State Henry Kissinger’s decision-making during the 1975 Shuttle Diplomacy, focusing on the US-Israel relationship. While historical records commonly highlight policy nuances and international dynamics, this article illuminates Kissinger’s personal emotions, arguing that these played a pivotal role in his policy decisions. It presents a thorough examination of various records reflecting Kissinger’s interactions with key figures, including Israeli Prime Minister Yitzhak Rabin and President Gerald Ford. The analysis demonstrates how Kissinger’s emotional responses influenced the intensity of his diplomatic pursuits and reactions to obstacles. This approach not only enhances our understanding of the disengagement agreement negotiations, but also fosters a linkage between diplomatic history and the history of emotions. It propounds that emotions are a crucial aspect of decision-making analysis, both at an institutional and individual level.

The Role of Non-Arctic Powers in the Arctic Geopolitical Space

The Arctic region is increasingly emerging as a pivotal factor in the geopolitical landscape of international relations. It serves as an arena where the interests of major global powers converge, encompassing vast mineral reserves, territorial disputes, and the ongoing development of the Northern Sea Route. Arctic nations are establishing frameworks for cooperation and regional development, resulting in the creation of international organizations such as the Arctic Council and the formulation of comprehensive programs for the sustainable development of northern territories. This article aims to assess the involvement of non-Arctic powers in the development of the Arctic. Notable emerging actors include the People’s Republic of China, India, South Korea, Japan, and the European Union. Our examination reveals their significant contributions to economic development, the establishment of scientific centers focused on ecological research and climate change, as well as mineral exploration. Furthermore, this research raises important questions regarding the legal status of the Arctic seas, particularly those through which commercial vessels navigate. In the foreseeable future, potential scenarios involve further modifications to the institutional governance of the Arctic region, an expansion of the Arctic Council’s authority and membership, and the negotiation of new international legal agreements to facilitate cooperative interstate development in the Arctic based on effective and trust-based partnerships.

The macroeconomic stability of United Kingdom after Brexit

Motivation: The United Kingdom has been triggered Article 50 of the Lisbon Treaty on 29th March 2017 and formally has been begun Britain’s exit from EU. The Withdrawal Agreement entered into force on 1 February 2020. The very announcement of Brexit aroused many concerns and uncertainty. The Withdrawal has taken place in an orderly manner, the UK and the EU remain in close partnership with new agreements. Such a significant institutional change also may affect economy and indirectly macroeconomic stability.Aim: This research aims to identify and assess the changes in macroeconomic stability in United Kingdom, from the year before the Brexit referendum to the first year outside the EU, i.e. in 2015–2021.Results: The method used in the study is a comparative analysis that employs a macroeconomic stabilization pentagon model (MSP). The macroeconomic stabilization pentagon is based on the GDP growth rate, the unemployment rate, the inflation rate, the budget balance and the current account balance. Time range of research is 2015–2021. The MSP indicators for United Kingdom and EU-27 are compared. In the period 2015–2018, i.e. during the uncertainty as to the results of the Withdrawal Agreement negotiation, the MSP index fluctuates slightly, which we interpret as very small changes in macroeconomic stability. The UK’s macroeconomic stability has fallen dramatically in 2020, the first year out of the EU. It is worth emphasizing that the UK’s macroeconomic stability was lower than EU-27one throughout the period studied.

Consultation not Contestation: Brazilian civil society in EU-Mercosur Association Agreement negotiations

ABSTRACT The aim of this article is to explore the role of Brazilian civil society in interregional trade between 2003 and 2020, with a focus on negotiations between the European Union and the Southern Common Market (Mercosur). I draw on document analysis from Mercosur’s online archives and from interviews with actors engaged in trade at the time analyzed, supported by the Modes of Participation framework. This approach allowed for a uniquely critical perspective on Mercosur’s participatory structure. I aim to find out: who was represented in negotiations; what forms of participation were permitted; and who were the actors who pushed for the creation of participatory channels. My hypothesis is that, by establishing modes of participation, government elites have filtered out dissenting voices from channels which could potentially influence negotiations, while civil society representatives created participatory spaces in response to perceived limitations. Results show that societal dissent was contained first by a proliferation of channels and mechanisms for limited participation from 2003, and from 2016 onwards by limiting access to government officials and reports on negotiating rounds. Furthermore, it was found that contentious actors, excluded from negotiations, created their own spaces for participation, such as drafting collective statements and lobbying Brazilian congresspeople.

The influence of Antarctic governance on marine protected areas in the Biodiversity Beyond National Jurisdiction Agreement negotiations

With the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement adopted, the negotiations process left questions related to what would be included in the final text and how the BBNJ Agreement architecture would function. The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), an international body, has successfully established high seas marine protected areas (MPAs), a key aspect of the BBNJ Agreement. Here, we investigate if and how CCAMLR has influenced negotiations on the BBNJ Agreement and how it may influence the forthcoming structure. This work used ethnographic notes and documents from the negotiations and interviews with actors who overlapped at both the BBNJ negotiations and the CCAMLR meetings to elucidate themes of influence that CCAMLR has had on the BBNJ negotiations. We found that CCAMLR is influencing the BBNJ negotiations in several ways, including through setting precedent and as an example for lessons learned. Additionally, we found that there was a divergence of views on whether CCAMLR would be considered a competent body by the decision-making mechanism of the BBNJ Agreement to establish MPAs due to the issues CCAMLR faces on reaching consensus. We found that some aspects of CCAMLR, such as the exclusivity (i.e., restricted to only actors working within the CCAMLR space) was perceived negatively by interviewees, thus affecting the BBNJ Agreement negotiations through hidden red lines. With the BBNJ Agreement adopted, there is still the potential for CCAMLR to be an example for the BBNJ structure and to be a participant in the BBNJ Agreement architecture.

Examining the Interplay of Sovereignty and Supranationalist Ideas in International Law

Objective: The complex relationship between sovereignty and supranationalist conceptions is investigated in the context of international law. Since they coexist, intricate relationships have developed, which impact the global legal order. In an increasingly interconnected and transnationally challenging world, this research emphasizes the need of grasping this dynamic. The potential of this research to resolve the conflict between national sovereignty and cooperation on global issues gives it great significance. The research sheds light on how to tackle global issues like climate change, human rights breaches, and cross-border economic conflicts by examining the theoretical limits and practical ramifications of supranationalist initiatives.
 
 Method: This paper proposes a multidisciplinary method for analysing Jurisprudential Discourse Network Analysis (JDNA) of International Agreements. This method offers a holistic comprehension of the diverse character of sovereignty and supranationalism by integrating legal analysis, political theory, and international relations. This research has wide-ranging practical implications, which are not limited to the development of international treaties and accords and the reform of global institutions. Finding areas of agreement and common interests aids in diplomatic negotiations and promotes global collaboration.
 
 Result: This analysis uses modern facilities computer models to simulate a number of situations that illustrate the relationship between sovereignty and supranationalism in concrete settings.
 
 Conclusion: A framework for evaluating the outcomes of the offered methods and extracting useful information from the data is provided by the Node Metrics and Edge Metrics parameters. These settings can be modified and fine-tuned according to the needs of a certain study and the information at hand.

Explaining Cross-Strait Relations with Regional Integration Theory

Abstract Regional integration theory can explain past and present processes of cross-strait integration and disintegration. Historical institutionalism can analyse how the path dependence of the ‘One China policy’ shapes cross-strait relations until today and how fundamental changes can occur through critical junctures. Neofunctionalism can well explain the dynamics of economic integration through spillovers and spillbacks driven by transnational actors since the 1980s. Liberal intergovernmentalism can shed light on the bargaining processes and their outcomes during the negotiation of various cross-strait agreements under the Ma Ying-jeou administration. Postfunctionalism offers the best explanation for the central role that identity has played in cross-strait relations, in particular since 2014.

The Key Role of Political Prisoners in Transcending Protracted Conflicts

Abstract Resolving protracted, asymmetric, and ethno-national conflicts is a notoriously problematic process, and only a handful of such attempts have ended in success. This paper is the first comparative study examining the relevance of “politically motivated violent offenders” (PMVOs) in propelling the shift from a long and bloody armed struggle to a negotiated agreement; indeed, they play an indispensable role in the ratification and the eventual implementation of any such agreement. We compare the role of PMVOs in three cases of protracted conflict resolution processes in the 1990s—Northern Ireland, South Africa, and the Israeli-Palestinian Oslo Accords. We argue that PMVOs constitute a distinguished socio-political actor characterized by high symbolic capital as the embodiment of the national struggle. This renders them a major source of political legitimacy, a necessary condition for attaining peace with hitherto sworn enemies and securing its implementation and stabilization. The paper analyzes the provisions within the respective agreements pertaining to prisoners’ release as an incentive, or lack thereof, especially for organizations outside the peace process to cease violence. Whereas the British and South African governments fully recognized the PMVO issue, Israel’s failure to recognize its importance was a major factor leading to the breakdown of the Oslo process.

Model of an Intelligent and Automated Negotiation Agent for the Service Level Agreement Negotiation Process in Cloud Computing

With the help of an intelligent agent, a cloud service provider (CSP) offers various services and resources to their customers over the internet. Consumers and CSPs in the cloud market are in a constant state of negotiation over their individual needs. Competition among CSPs is fierce because of the enormous number of CSPs in the market. Intelligent negotiation agents are highly demanding as a timesaving and success rate-enhancing tool. While negotiating, multiple attributes such as price, resources, reliability, CSP performance, utility value, and many more are considered. There’s increased false negotiations, faulty servers, and exorbitant fees are all issues arising because of the forever changing CSP market. An intelligent and automated negotiation agent (IANA) understands the conduct of the opponent and the needs of both parties. This need of users and CSP information is utilized in negotiations to find the best possible delivery of services between the customer and the CSP. As a result of the proposed design, negotiations are expedited, and there is a higher success rate and better oversight of service delivery.

Compellence and batna for the Denuclearization of North Korea

Abstract This article analyzes the denuclearization negotiations with North Korea and recommends options to compel North Korea to denuclearize, focusing on the best alternative to a negotiated agreement (batna) concept. President Trump’s recent denuclearization summit meetings with North Korea failed because he did not employ a batna in his negotiations. A few candidates for the batna are compared and evaluated using criteria of effectiveness and feasibility. This article concludes that military strikes or economic sanctions cannot be relevant as batna s because of North Korea’s success in developing its second-strike nuclear capabilities and probable Chinese support. While South Korea’s nuclear armament does not seem feasible in the short term, another nuclear-sharing arrangement in Northeast or East Asia could be a viable and practical batna. The United States and South Korea should implement this batna gradually, reflecting the degree of the nuclear threat from North Korea.

Improvisation Exercises Increase Negotiators' Divergent Thinking, and Sometimes their Negotiation Outcomes

ABSTRACTTwo studies investigated the effect of a short improvisation intervention (theatrical improvisation in Study 1, musical improvisation in Study 2) on negotiation processes and outcomes. The expectation was that an improvisation exercise, compared to a control condition in which participants engaged in jigsaw puzzling, would result in better negotiation agreements via higher levels of divergent thinking. Results showed that improvisation exercise increased participants' divergent thinking, compared to the control condition. The effects on negotiation processes and outcomes, however, only partly supported the predictions. In Study 2, improvisation exercise had an indirect influence on negotiation outcomes via divergent thinking, and in Study 1 improvisation exercise did influence divergent thinking but did not influence negotiation outcomes. So improvisation exercise increases divergent thinking, and sometimes this heightened divergent thinking results in higher negotiation outcomes.

Heterogeneous Impacts in Voluntary Agreements: A Changes-in-Changes Approach to the UK Climate Change Agreements

AbstractThe limited microeconometric evidence on the efficacy of environmental Negotiated Agreements (NAs) is an obstacle to both their introduction and effective design. We help fill this gap by providing evidence on the impact of the second Climate Change Agreements (CCAs) on business electricity consumption and employment. The CCAs are NAs offering a reduction on the Climate Change Levy (CCL), an energy consumption tax, in exchange for commitments to improve energy efficiency. We use the novel changes-in-changes method to account for heterogeneity in treatment effects. Our results indicate that the second CCAs yielded improved outcomes compared to the counterfactual of full CCL with an average reduction of − 4.81% in electricity consumption. They also reveal the importance of allowing for heterogeneity, as the impact on electricity consumption at the identified deciles varied between − 9.33 and 12.54%. This is a marked difference from the first CCAs which were found to increase consumption. The heterogeneity in treatment response is corroborated when extending the study to two large industrial sectors in the sample and when studying firms selecting differing target reporting methods. Confirming the findings from earlier studies of the first scheme, our results indicate a non-statistically significant reduction in employment, about − 4.6% on average, for the second CCAs.

Cooperation and Competition

Abstract This paper discusses relations between South Africa and Southern Rhodesia from 1939 to 1948. The article begins in 1939 when the outbreak of the Second World War brought mixed fortunes for the two neighbours. For Southern Rhodesia, which relied mainly on imported manufactured goods from the United Kingdom, the war induced shortages resulting in huge domestic demand. Shortages stimulated calls for local industry to fill the vacuum. Consequently, an import substitution industrialisation (ISI) drive developed. In addition to the ISI, South Africa, which had a comparatively established secondary industry by the time the war broke out, increasingly became an essential source for Southern Rhodesian imports. This, however, was not without its challenges. Southern Rhodesia’s economic interest groups often raised complaints against South Africa’s economic competition and its threat to the Rhodesian economy. Nonetheless, Pretoria and Salisbury worked closely and found ways to ease the challenges. By 1948, the end date of the paper, Southern Rhodesia and South Africa’s relationship had resulted in the signing of a Customs Union Agreement. Thus, the article demonstrates, thematically and chronologically, that relations between the two countries evolved through cooperation and competition during the Second World War until the onset of Apartheid in South Africa and the Customs Agreement. The paper relies on primary material from the Zimbabwean and South African archives comprised of correspondences of Customs Agreements negotiations, economic policies and relations, and Parliamentary debates.