Negotiation Period Research Articles

Neurodevelopmental timing and socio-cognitive development in a prosocial cooperatively breeding primate (Callithrix jacchus).

Primate brain development is shaped by inputs received during critical periods. These inputs differ between independent and cooperative breeders: In cooperative breeders, infants interact with multiple caregivers. We study how the neurodevelopmental timing of the cooperatively breeding common marmoset maps onto behavioral milestones. To obtain structure-function co-constructions, we combine behavioral, neuroimaging (anatomical and functional), and neural tracing experiments. We find that brain areas critically involved in observing conspecifics interacting (i) develop in clusters, (ii) have prolonged developmental trajectories, (iii) differentiate during the period of negotiations between immatures and multiple caregivers, and (iv) do not share stronger connectivity than with other regions. Overall, developmental timing of social brain areas correlates with social and behavioral milestones in marmosets and, as in humans, extends into adulthood. This rich social input is likely critical for the emergence of their strong socio-cognitive skills. Because humans are cooperative breeders too, these findings have strong implications for the evolution of human social cognition.

Weather shocks affect trade policy: Evidence from preferential trade agreements

AbstractWe show that weather shocks affect government trade policy decisions. We exploit variation in rainfall during the growing season within and across countries to show that weather shocks impact agricultural output and trade. Using information on tariff cuts by commodity from preferential trade agreements signed between 1995 and 2014, we then show that weather shocks that happen during the negotiation period correlate strongly with the size of tariff cuts. When weather shocks increase (decrease) a country's capacity to produce a given crop, its government negotiates a smaller (larger) tariff cut. These results are consistent with a political economy trade model with sector‐specific inputs in which the government places more weight on producers relative to consumers in its objective function. They also reveal that governments update their beliefs about domestic agricultural production capacity in response to weather shocks.

The legally binding agreement on forests in Europe – Analyzing the unsuccessful attempts at regional regime creation

The attempt at creating a legally binding agreement on forests in Europe has failed after two periods of negotiations. The first period (2011–2015) ended with an unresolved question about what organization should become the Convention's host. During the second negotiation period (2018–2021) the parties arrived at the conclusion to transfer secretarial duties to UNECE. However, eventually, the process was closed due to lack of consensus by the participating parties. Our analysis of the reasons that stood behind the failed agreement has confirmed two key conflicts typical for international forest agreements and occurring at both international and national levels – the tension between commodity and amenity-oriented goals and the question of national interest and relative power. Given the dynamics of the forest policy discussion, new opportunities for a legally binding agreement on forests in Europe may arise in future.

Securing the peace or renegotiating the political settlement? Understanding popular support for post-conflict constitutions

ABSTRACT How do ordinary citizens view elite-driven, post-conflict constitutional reforms? Established theories emphasize the role of constitutional reform in both postwar democratization and preventing conflict resurgence. This article contends that emphasis on fostering political inclusion and settling conflicts resonates differently across post-conflict societies. Focusing on Nepal, this study draws on a survey implemented with over 1,000 respondents shortly after the ratification of the country’s constitution in 2015. The exploratory analysis shows that even when post-conflict constitutions grant greater rights to historically marginalized groups in absolute terms, they may still perceive that greater concessions would be possible; this makes such groups more likely to oppose the constitution and more likely to prefer extended negotiation periods. Conversely, Nepalis exposed to higher violence during the Maoist insurgency from 1996 to 2006 view the constitution as the conclusion of the peace process and are more supportive of the constitution and opposed to longer negotiation periods. The analysis further highlights that some excluded groups were less likely to learn about constitutional negotiations at all. We identify new pathways influencing the democratic legitimacy of post-conflict constitutions, offering insights for internal and external stakeholders involved in constitutional reform processes and their aftermath.

Prioritization of Soviet-Finnish negotiations of 1938-1939.

This article examines the complex of Soviet-Finnish negotiations through the lens of the issue of priority of Soviet demands in the period of the autumn negotiations of 1939. The negotiation process between the USSR and Finland, concerning the relations between the two states against the background of Germany's aggressive policy, began not in the fall of 1939, but a year and a half earlier - in the spring of 1938. The points of the Soviet demands voiced by the Soviet side during the negotiation process were changed and adjusted. Moreover, in comparison with the Soviet proposals of 1938, there were new points that had not appeared before. The study of the reasons for the changing rhetoric in the negotiation process between the USSR and Finland will help to understand the nature of the breakdown of the negotiations in the fall of 1939. The problem of the article is the question of the correctness or incorrectness of the thesis about the priority of the goal of moving the land border on the Karelian Isthmus away from Leningrad during the negotiations between the Soviet Union and Finland in 1938-1939. This thesis has not been questioned in domestic historiography, apparently because only the Soviet demands of 1939 were taken as a basis and less importance was attached to the proposals put forward by the Soviet side during the negotiations of 1938 and the spring of 1939. The confirmation or refutation of the thesis about the priority of the clause in the text of the memorandum on the movement of the land frontier on the Karelian Isthmus should be the outcome of this study.

Coalition bargaining time and governments’ policy‐making productivity

AbstractWhat is the purpose of lengthy negotiations when a coalition government forms? Do they make a difference in coalition policy‐making? Negotiations that produce policy agreements between coalition partners have been suggested to strengthen the capacity of coalition governments to make policy reforms. We argue that bargaining time, regardless if it results in a written policy agreement or not, is an investment in future government reform productivity. Longer negotiation periods indicate that the bargaining parties have negotiated deals over conflicting policy issues and have allowed parties to build trust between them and gain support for future policies within the party organization, promoting reform productivity. Further, we expect that longer negotiation periods can mitigate problems of policy conflict within cabinets, thereby resulting in higher reform productivity. We evaluate our theoretical expectations using a data set on economic reform measures introduced in 10 Western European countries (1978–2017), based on a coding of more than 1000 periodical country reports issued by the Economist Intelligence Unit and the Organisation for Economic Co‐operation and Development. The results show support for our expectations, demonstrating that economic reform productivity is higher in coalition governments that have bargained for a longer time when forming. We also find support for the claim that bargaining time mitigates the negative effect of intra‐cabinet ideological conflict on reform productivity.

The Agreement on Biodiversity in Areas Beyond National Jurisdiction – Caribbean Community perspectives on interests, asks and outcomes

After a period of protracted negotiations, the agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (the BBNJ Agreement) was finally adopted. The Caribbean Community (CARICOM), whose membership is made up entirely of small island developing States (SIDS), emerged as an active regional group participating in the negotiating process. In this paper the group’s interests and aspirations in the negotiations are examined and weighed against the final outcomes of the Agreement. These insights feed into recommendations for CARICOM member States moving forward as it relates to signing, ratifying and implementing the BBNJ Agreement.

Intellectual Property and the Politics of Public Good during COVID-19: Framing Law, Institutions, and Ideas during TRIPS Waiver Negotiations at the WTO

Context: To facilitate the manufacturing of COVID-19 medical products, in October 2020 India and South Africa proposed a waiver of certain intellectual property (IP) provisions of a World Trade Organization (WTO) agreement. After nearly two years, a narrow waiver agreement that did little for vaccine access passed the ministerial despite the pandemic's impact on global trade, which the WTO is mandated to safeguard. Methods: The authors conducted a content analysis of WTO legal texts, key-actor statements, media reporting, and the WTO's procedural framework to explore legal, institutional, and ideational explanations for the delay. Findings: IP waivers are neither legally complex nor unprecedented within WTO law, yet these waiver negotiations exceeded their mandated 90-day negotiation period by approximately 18 months. Waiver opponents and supporters engaged in escalating strategic framing that justified and eventually secured political attention at head-of-state level, sidelining other pandemic solutions. The frames deployed discouraged consensus on a meaningful waiver, which ultimately favored the status quo that opponents preferred. WTO institutional design encouraged drawn-out negotiation while limiting legitimate players in the debate to trade ministers, empowering narrow interest group politics. Conclusions: Despite global political attention, the WTO process contributed little to emergency vaccine production, suggesting a pressing need for reforms aimed at more efficient and equitable multilateral processes.

Negotiations to implement area-based management tools beyond national jurisdiction: the scientific community’s view

A new international legally-binding instrument, under the United Nations Convention on the Law of the Seas (UNCLOS), for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction has recently been agreed on– the BBNJ agreement. Area-based management tools (ABMTs), including marine protected areas (MPAs) have an important role in maintaining biodiversity and ecosystem services in the current context of multiple threats to the ocean and are one of central elements of new instrument. In this work, we assessed the perspective of the scientific community, throughout the period of negotiations, on the potential of the BBNJ treaty to promote the creation of new area-based management tools, including MPAs, and fulfil acknowledged gaps in ocean governance. A systematic literature review was conducted, resulting in 80 publications then analysed in detail. From these, a total of 608 key messages were retrieved and classified into: 1) Strengths (S), Weaknesses (W), Opportunities (O) or Threats (T) for a SWOT analysis and 2) one of six categories that cover crucial aspects for the successful implementation of the ABMTs in areas beyond national jurisdiction. A Sentiment Analysis (SA) to these key messages shows that the instrument has been perceived by the scientific community as an opportunity for conserving and achieving sustainable use of biodiversity. However, the scientific community also feels that agreement needs stronger provisions to ensure effective measures, which is reflected by the small number of identified strengths. An overall decrease in sentiment score over the negotiations period, i.e. a growing pessimism, was also observed, which is supported by an increase of weaknesses and threats identified in the final stages of the negotiations. Our results suggest that despite its potential to promote conservation in areas beyond national jurisdiction, the instrument should include a unified definition of MPA, address fishing activities and clarify conflicting terms in its provisions, such as the term “not undermine”. Further, we show that sentiment analysis is a useful tool to evaluate opinion trends and facilitate the integration of different and subjective perspectives into final provisions of complex social-political-environmental agreements, identifying positive and negative attitudes that can enable better solutions to address existing governance challenges in international waters.

Negotiating Fundamental Rights: Civil Society and the EU Regulation on Addressing the Dissemination of Terrorist Content Online

During the negotiations of the EU Regulation on addressing the dissemination of terrorist content online, digital and human rights activists raised concerns regarding the safeguarding of fundamental rights. These actors were partially successful in influencing aspects of the final text of the Regulation, thus, raising the question of how such groups have managed to influence traditionally “securitized” counterterrorism policy. This study compares the discourses employed by the different EU institutions and digital and human rights advocates during the negotiation period. Approaching this through the lens of politicization, this study demonstrates that whilst securitizing discourses persist to a certain extent, some aspects of EU counterterrorism law are open to contestation.

Democracy in the digital era

Democracy in the digital era

Nursing students, the poor relation of the health care system

Even if nursing students have obtained social progress following different periods of mobilization and negotiations, we must admit that their situation remains worrying. Many of them live in precariousness and undergo very difficult training conditions. Instrumentalized, even mistreated, by caregivers who are at the end of their rope because they work in institutions that are in a critical situation, the students no longer learn and perform the tasks of the missing staff. The Covid-19 crisis is a striking example of this.

Rethinking device abandonment: a capability approach focused model

It is estimated that approximately 97 million people in the world have complex communication needs and may benefit from alternative and augmentative communication (AAC). Although AAC is considered an evidenced-based intervention, device abandonment remains common, and researchers have attempted to analyze the causes of people abandoning devices. These devices have been prescribed following extensive assessment and often a protracted period of negotiation with a funding body. In this paper, we present the process of AAC prescription using a new model called the Communication Capability Approach by adding the Capability Approach from Amartya Sen to the widely used Participation Model. This allows clinicians to see individual daily decision-making as a valid choice of the individual. We propose reframing the concept of device abandonment as the person and their family making a choice to use a full range of multimodal communication to meet their own needs. This changes the tone of the narrative to viewing the person using AAC as competent and able to exercise self-determination and agency in this decision rather than as abandoning the device. AAC choices can be made on a day-to-day basis, according to the context of use so that people do not abandon devices but rather use whichever mode of communication is appropriate to the context.

A short history of the successes and failures of the international climate change negotiations.

The last 35 years have been a period of intense and continuous international negotiations to deal with climate change. During the same period of time humanity has doubled the amount of anthropogenic carbon dioxide in the atmosphere. There has, however, been progress and some notable successes in the negotiations. In 2015, at COP21 of the United Nations Framework Convention on Climate Change, 196 countries adopted the Paris Agreement stating that they would limit global temperatures to well below 2°C above pre-industrial levels and would pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels. The first review of the Paris Agreement was at COP26 in Glasgow with many countries pledging to go to net zero emissions by the middle of the century. But currently these pledges, if fulfilled, will only limit the global average temperature to between 2.4°C and 2.8°C. At COP27 in Egypt the core agreements from the Glasgow Climate Pact were maintained and countries finally agreed to set up a loss and damage facility - although details of who will provide the finance and who can claim are still be to be worked out. This article reviews the key moments in the history of international climate change negotiations and discusses what the key objectives are for future COP meetings.

A Comparison of Information Disclosure Requirements under Vietnamese and French Contract Law

Compared with the provisions of Vietnamese law, French law has clearer and more specific provisions on the obligation to provide pre-contractual information. Within the scope of this article, the authors survey the obligation to provide information before the execution of the contract, by comparing the provisions of the 2015 Civil Code of Vietnam with the 2016 Civil Code of the French Republic. Hopefully this will result in reference information for legal research, and at the same time propose recommendations to improve Vietnamese law in this field. This paper is divided into two main parts by applying a qualitative approach to achieve the research objectives. The first part examines the theoretical framework and provides an overview of the issues raised in implementing the provisions of assess of the Obligations and contracts in Vietnam's civil code and the legal civil code in France. The second, analysing a liability to compensate for damage outside the contract due to a breach of the obligation to provide information during the contract negotiation period to propose solutions to improve the legal corridor for developing this issue in Vietnam. Keywords: obligation to provide information, civil code, execution of the contract. DOI: https://doi.org/10.55463/hkjss.issn.1021-3619.60.50

Prepacks as a mechanism for resolving financial distress: The evidence

Prepacks as a mechanism for resolving financial distress: The evidence

위기에서의 선택 — 한국전쟁 기간 정전담판에 관한 중국의 정책 결정 논평 —

During the Korean War, the Chinese leadership made significant policy decisions in two areas. P.R.C, with Chinese People’s Volunteer Army(PVA) crossing 38th parallel, accomplished dispatching troops aim to Korea. Under this circumstances, Mao Zedong missed the opportunity to realize power outages in China’s favor in all respects by rejecting the UN proposal. During the armistice negotiation period, China’s policy has undergone relatively significant changes. First, it was intended to reach an agreement on power outages hastily, and after that, it changed to a policy of fighting while negotiating and building at the same time. Finally, according to the request of Soviet leadership, Mao zedong agreed to sign the Armistice Agreement in accordance with the conditions of the United States. This article reviewed the success and failure of a series of policy decisions by the Chinese leadership to deal with the armistice negotiations in order.

Managing global HRM integration in international expansion: the case of Geely cross-border acquisition

Learning outcomes This case was designed for use at the undergraduate and MBA level in human resource management and international business. Upon completion of the case study discussion and assignments, students will be able to: (1) understand human resource management in multinational corporations and the importance of cross-cultural management and human resource integration in acquisitions; (2) understand the challenges and solutions faced by multinational corporations in the process of expansion; (3) analysis of what characteristics should be considered in CEO selection for managing a newly acquired company; and (4) analyze how to better promote global human resource management from the dimensions of localized HRM system reform and human resource structure reconstruction. Case overview/synopsis After a long period of negotiation, exploration, suspension and restart, Geely Group finally acquired 49.9% of the shares of DRB’s Proton Holding and 51% of the shares of the luxury car brand, Lotus Group. On the afternoon of May 24, Geely Holding Group held an acquisition signing ceremony with the Malaysia DRB-HICOM Berhad (hereinafter referred to as DRB). Geely’s commercial territory now extended into Southeast Asia, and its product spectrum increased to luxury sports cars.However, the completion of the acquisition did not mean peace of mind. On the contrary, Geely still faced a series of challenges because of differences in cultural background. The national cultures of the two countries (China and Malaysia) were very different, and so were the values of the two enterprises. Facing the challenges of promoting global human resource integration, Geely needs to make a fundamental decision on the HRM mode in the new-acquired company. Should Geely transplant its own management practice into the Proton, or adopt localized HRM philosophy? Which kind of global HRM practice would be more effective for supporting the new-acquired company developments in the future? In the post-acquisition management, how to better realize the global human resources integration become a key problem faced by Geely. Complexity academic level This case was designed for use at the undergraduate and MBA level in human resource management and international business. Supplementary materials Teaching notes are available for educators only. Subject code CSS 6: Human Resource Management.

A Bankrupt Bargain

This Note discusses the conflict between labor law and the Bankruptcy Code, specifically focusing on whether bankrupt debtor firms can reject expired labor contracts within bankruptcy. The National Labor Relations Act prohibits employers from unilaterally changing key terms of an expired collective bargaining agreement after the agreement has expired. This rule serves to promote labor peace and prevent coercive actions by employers during the post-expiration negotiation period. Increasingly, Bankruptcy courts interpret the statutory provision that governs the rejection of labor contracts, § 1113 of the Bankruptcy Code, to allow for rejection of expired agreements. This trend poses a threat to labor unions’ bargaining power and conflicts with the National Labor Relations Act’s statutory goals. This Note argues that a textualist interpretation of § 1113 illuminates legislative intent to prohibit debtors’ rejection of expired collective bargaining agreements in bankruptcy. It argues that § 1113 allows for temporary changes to the terms of an expired agreement, simultaneously providing for relief for the debtor while preserving the intended negotiation process between unions and employers.

Advancing Representation Theory to Reflect the Police Reform Process in Post-Troubles West Belfast

Policing institutions throughout the world face a legitimacy crisis. This crisis’ immediacy necessitates the exploration of theories that provide answers regarding effective reforms. The representation theory of policing offers one such answer; it holds that accountability mechanisms are an avenue for public input that increases confidence in police and affords them democratic legitimacy. This article applies and evaluates representation theory by examining one such reform attempt: post-Troubles policing restructuring and its impact on relations between police and the militant nationalist community within West Belfast. It assesses print media coverage of accountability reforms throughout the peace negotiation period and the early years of reform implementation and ultimately affirms the association between police legitimacy and accountability; however, it also suggests that this association is more complex than a simple positive correlation. Rather, legitimacy is correlated with public debate regarding accountability that encompasses both positive and negative evaluations of policing. This indicates that the predominance of police accountability as a subject of public discourse may serve as an essential component of efforts to instill policing with democratic legitimacy. The article presents an original model of representation theory that more accurately reflects the dynamics of legitimacy-building efforts in West Belfast and proposes applications of this advancement to the contemporary, global movement advocating for police reform.