Process Of Political Negotiation Research Articles

Unlocking public infrastructures? State aid and the common European data space

EU state aid rules are part of the EU’s competition policy, a form of soft law developed to nudge states away from public investments in many areas. Rules were used to impose that market competition holds a privileged position, and that enacting social, political, or economic benefits that might stifle competition requires a complicated legal and political negotiation process between the European Commission, Member States, and private companies. Nonetheless, many strategic projects or situations in recent years led to significant state aid. The Commission utilised a variety of means to encourage both private and public investments in EU based digital infrastructure that is critical for public media services and for unified European data space. Despite EU’s balancing act between the private and public interests, business interests are dangerously capturing the development in the media data space. To grasp the social and economic contribution of publicly financed productive activities, we approach public broadcasting systems as producers of public wealth of a peculiar kind whose activities and goals are defined by their public purpose, rather than the imperatives of capital and profitmaking. Unifying data spaces with too many design decisions conceded to capitalist production runs the risk of further neglecting social foundations of member states. We argue that the desired digital transformation would be more successful if it moved towards affirmative approaches to public services and public infrastructures, recognising the historical and contemporary contribution of the production of public wealth and public media in member states.

중국공산당의 대국민당전략과 실천(1945-1946)

This article sought to reveal whether the Chinese Communist Party at the time truly intended to achieve the communist revolution it hoped for through peace and negotiation through a review of the political negotiation process within China after the victory in the Anti-Japanese War and the Chinese Communist Party’s preparations for civil war. Mao Zedong’s theory of coalition government was to build a new China by establishing a formal government that included representatives of all parties and factions, as well as independent and non-party factions. The coalition government theory was supported by various political parties and organizations because it went far beyond national-public cooperation in terms of government composition. While Mao Zedong was holding talks in Chongqing at Chiang Kai-shek’s request, the Communist Party leadership in Yan'an was accelerating preparations for civil war. The Chinese Communist Party Army established the strategic policy of “Northward Development and Southern Defense”(向北發展 向南防禦) to disrupt the monopoly of the Nationalist Government Army in the Manchuria region and prevent the Chinese Communist Party Army's individual defeat in the southern Huazhong region. In addition, the units were expanded through the creation of field corps and field forces, and from an operational perspective, an attempt was made to transition from guerrilla warfare to mobile warfare. In particular, the reinforcement of 300,000 troops in Manchuria, who were acquired from the Soviet Army and equipped with new Japanese weapons and heavy equipment, immediately raised the military power of the Chinese Communist Party to the next level. In this way, the Chinese Communist Party demonstrated its willingness to negotiate externally by promoting the theory of a coalition government, while internally it was gradually narrowing the gap in military power with the Nationalist government army by strengthening its military power.

Stellung des Opfers vor dem Internationalen Strafgerichtshof

The International Criminal Court (ICC) provides a procedural framework to victims, which grants them participation rights and assigns them a position as legal subjects. The status of victims at the ICC is not automatically inherent to international criminal law, but rather the preliminary result of a legal development and a process of political negotiation. In this paper, the development of victimhood is traced along the stages of international criminal law and its institutions leading to the implementation of the ICC. In addition, the paper detaches the concept of victimhood from a purely jurisprudential framework and transfers it to the concept of transitional justice. In doing so, it demonstrates that the victim-specific norms in the Rome Statute have the potential for a restorative function.

Autonomy and Natural Resources: the self-Determination process in New Caledonia as a Counter-Lesson for Western Sahara

ABSTRACT New Caledonia-Kanaky and Western Sahara have several features in common, beyond the fact that both geographical entities appear on the United Nations list of non-self-governing territories. However, each territory has followed a very different process in its search for a definitive status. Since the late 1980s, New Caledonia has been the site of a bilateral political negotiation process with France that recently reached a milestone: two referendums held on the future of the territory. In Western Sahara, where a Settlement Plan was promoted by the UN, no significant advances have been made in the last 20 years. For New Caledonia, the results of the most recent regional elections and the 2018 and 2020 referendums provide the data to do a critical reading of the strategy deployed by the French government to give the territory significant autonomy and a new development model based on natural resources; instead of achieving the expected objective of winning loyalties, the New Caledonian identity was affirmed and independentist sympathies strengthened. In Western Sahara, Morocco has deployed an autonomist rhetoric and a new model of economic development in the south, but nothing has effectively materialised. New Caledonia has shown that, instead of ensuring loyalties, allowing self-government and partial control over natural resources in a territory in the midst of a decolonisation process fuels independentist movements and broadens their base.

Perspective merit system on placement regulation of high level official civil servants (a Case Study of placement civil servants in Local Government on Palembang)

Abstract Meritocracy is a contingent concept that depends on what people consider to be good in society. This research conducted shows that the principles of high-ranking officials of civil servants, especially in the local / city government. Therefore, need a new regulations for perspective placement, in order to minimize political and subjective interests in the field. Method of the research used a qualitative approach, qualitative inquiry. This method was chosen because researchers want to obtain a complete and holistic the phenomenon that occurs in this research. Researchers used a spiral data analysis model more suitable to do than a linear analysis model. Result of this study showed the community or public in general does not care too much about who becomes an official within the local government. The community or public in general are more focused on the figure of the Regional Head who is the leader in the local government and responsible for the public services. The Regional Head will change periodically, which results from a complicated political negotiation process. Therefore, these high officials, regardless of who the Regional Head is, must be the best officials resulting from a good selection process. The application of the merit system in the regulation of the placement of high-ranking officials of civil servants is a necessity and a joint task of all parties, including the community itself.

Analiza troškova i koristi izgradnje autoceste A1

Odluke u javnim poduzećima ne donose se isključivo na temelju kriterija profitabilnosti, već je riječ o objedinjavanju kriterija tržišnosti i javnosti. Unatoč raznolikosti ciljeva koje projektima u javnom sektoru treba zadovoljiti te činjenici da se odluke donose političkim procesom pregovaranja između dionika, podloga donošenju odluka treba biti analiza troškova i koristi. Pri tome treba uključiti sve koristi: materijalne i nematerijalne, izravne i posredne. Valja imati na umu da projekt treba biti troškovno pokriven kako u fazi izgradnje, tako i u fazi korištenja i održavanja. U ovome radu analiziraju se odluke u javnom poduzeću HAC s naglaskom na upravljačke odluke pri izgradnji autoceste A1. Ciljevi izgradnje ove autoceste bili su povezivanje državnoga prostora, povezivanje s europskom mrežom autocesta, razvoj turizma te povećanje sigurnosti prometa. Ti su ciljevi ostvareni. No nisu ostvareni željeni ciljevi povećanja razvoja, posebno gospodarskoga razvoja ruralnih i slabije naseljenih područja te zadržavanja i povećanja broja stanovnika. Tržišni ciljevi projekta također nisu ostvareni. Troškovi izgradnje dionice od Bosiljeva do Splita premašili su planirane troškove za 3 milijarde kuna. Prihodi su od 2015. do 2017. godine bili u prosjeku 500 milijuna kuna manji od projiciranih. Na temelju ovih podataka nameće se pitanje je li autocestu A1 trebalo graditi s pomoću kredita ili putem javno-privatnog partnerstva. S obzirom na pogreške u projekcijama, može se pretpostaviti da bi model javno-privatnog partnerstva podrazumijevao realniju procjenu prometne dinamike, nižu cijenu gradnje, bolje upravljanje prihodima, ali i postupniju gradnju.

Orientaciones emocionales colectivas sobre el conflicto armado y sus actores como barreras para la construcción de la paz y la reconciliación en Colombia

El presente artículo de investigación analiza orientaciones emocionales colectivas de carácter político como barreras psicosociales para la construcción de la paz y la reconciliación en Colombia. Se realizaron 55 entrevistas semiestructuradas y en profundidad a ciudadanos del común en la ciudad de Medellín, de las que emergieron discursos relacionados con estas orientaciones emocionales, dirigidas al proceso de negociación política del conflicto armado entre el gobierno colombiano y la guerrilla de las Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (FARC- EP). Se identificaron diversas orientaciones emocionales como ira, indignación y odio, dirigidas hacia las FARC, especialmente por los participantes que se mostraron en desacuerdo. Mientras que, quienes estaban de acuerdo, en menor medida expresaron este tipo de emociones hacia paramilitares. Sin embargo, hacia la fuerza pública, los tres grupos categorizados expresaron orientaciones emocionales de admiración, orgullo y sentimiento de patriotismo. De otro lado, la esperanza y la empatía como posibilitadoras de escenarios de transformación del conflicto armado primaron en quienes se encontraban de acuerdo. Finalmente, la tristeza y el dolor emergieron en la mayoría de los participantes, pero en quienes estaban de acuerdo se asoció con solidaridad hacia las víctimas y deseo de transformar la guerra en Colombia por la vía de la negociación política.

Transformación constructiva y productiva de conflictos: un enfoque pertinente y necesario en los procesos de construcción de las Paces en Colombia.

El proceso de negociación política de la “Mesa de Conversaciones para la terminación del conflicto y la construcción de una paz estable y duradera”, conocido como los “Diálogos de Paz de La Habana” (Cuba) materializó el fin del conflicto armado entre el Estado colombiano y las Farc–EP, donde sobresalen los múltiples y diversos aportes de esta experiencia para seguir avanzando en largos y complejos procesos de construcción de las Paces. También nos permite reflexionar sobre la transformación del conflicto armado, social y político, que no equivale a la súbita desaparición de los conflictos en la sociedad colombiana, ni nos transporta automáticamente a la Paz. Proponemos en este artículo considerar la puesta en práctica del enfoque de la transformación constructiva y productiva de conflictos, que abre el panorama de alternativas, y contribuye a mejorar la comprensión que podemos tener sobre el posconflicto armado, los procesos de construcción de las paces y el horizonte de la reconciliación.

Correcting the uneven burden sharing of emission reduction across provinces in China

Although China committed to reduce its energy and emission intensity, the allocation of such national targets in the provincial level is still a political negotiation process and lack of a systematic principle from the perspective of efficiency. This paper proposes an allocation principle based on the efficiency levels. The efficiency levels are estimated by employing a stochastic frontier analysis approach and the links between energy intensity and efficiency are constructed. The results show that energy efficiency change is not the major contributor to energy intensity reduction. Furthermore, this analysis indicates that (i) the efficiency-based allocation can distribute reduction burdens among regions smoothly compared to the intensity-based allocation; and (ii) the national target of emission intensity reduction can be achieved solely through efficiency measures.

Applying student-generated theories about global change and energy demand

Purpose – The purpose of this paper is to explore how learning technology could be applied to the development of educational tools for global climate change. The task to be performed in an informed dialogue is to assess the causes and drivers for global climate change and to produce an improved basis of scientific understanding for the implementation of the climate protection targets suggested for each country. By character, this approach integrates the political and the scientific level. Design/methodology/approach – The paper applies learning theories and options for educational technologies to socio-economic, technological, biospheric, political and scientific themes relevant to present climate change. Findings – Drivers, effects and subsequent measures are subject to highly nonlinear effects. Thus, the combination of a (scientific, fact based) “Global Change Data Base” and a (dialogic, communication based) discourse (in the spirit of “Surfing Global Change”) seems best suitable to produce solutions for the seemingly unresolvable issues of climate protection. This combination of approaches is entitled “Tackle the Task of a Transition through Technological Targets (T5)” and allows the application of hypotheses generated by students in a scaffolded setting of discursive learning. Social implications – Suggestions for CO2 abatement measures are currently passing the process of political negotiation in all countries in the world. The different views and patterns of ethical values are harmonised during the T5 learning process and symbolise the required political process of consensus finding among and between different ministries, countries and global interest groups. Originality/value – This approach includes social and natural driving factors such as population, land use, economics, politics, energy systems, the global carbon cycle, biosphere and climate, and thus offers a more comprehensive learning endeavour than many other approaches.

The institutionalization of River Basin Management as politics of scale – Insights from Mongolia

Summary River Basin Management (RBM) as an approach to sustainable water use has become the dominant model of water governance. Its introduction, however, entails a fundamental realignment and rescaling of water-sector institutions along hydrological boundaries. Creating such a new governance scale is inherently political, and is being described as politics of scale. This paper analyzes how the politics of scale play out in the institutionalization of RBM in Mongolia. It furthermore scrutinizes the role of the broader political decentralization process in the introduction of RBM, an issue that has so far received little attention. Finally, it assesses whether the river basin is an adequate water management scale in Mongolia. This article finds that institutionalizing RBM in Mongolia is indeed a highly political negotiation process that does not only concern the choice of the governance scale, but also its detailed institutional design. It furthermore reveals that Mongolia’s incomplete political decentralization process has for a long time negatively impacted the decentralization of water-related tasks and the implementation of RBM. However, the 2011 Budget Law and the 2012 Water Law provide for a fiscal strengthening of local governments and clearer sharing of responsibilities among the various different institutions involved in water management. Nevertheless, only if the 2012 Water Law is complemented by adequate by-laws – and if the newly created river basin institutions are adequately equipped – can RBM be effectively put into practice. This article confirms the usefulness of a politics-of-scale approach to understand scalar practices and changes in water management. However, the article also argues for a broadening of the analytical perspective to take the interdependencies between changes in water governance and other political processes, such as decentralization, into account.

Le Code de la Nationalite Belge: A Citizenship Law in the Making

In April 2010, the most recent process was initiated regarding the revision of law on the acquisition of Belgian nationality. A strong debate on the subject had been going on during 2010 - 2011. This research paper focuses on the positions held by different political parties and representatives with regard to the main issues included in numerous amendments brought to the existing Belgian Nationality Code. Looking at the way in which different aspects have been formulated and debated will provide insights about the stakes of different political actors involved and the process of political negotiation on a very sensitive territory, namely that of citizenship granting in a country with a federal government and a significant cleavage between its main ethnic groups.
 
 Full text available at: https://doi.org/10.22215/rera.v7i1.213

Le Code de la Nationalite Belge: A Citizenship Law in the Making

In April 2010, the most recent process was initiated regarding the revision of law on the acquisition of Belgian nationality. A strong debate on the subject had been going on during 2010 - 2011. This research paper focuses on the positions held by different political parties and representatives with regard to the main issues included in numerous amendments brought to the existing Belgian Nationality Code. Looking at the way in which different aspects have been formulated and debated will provide insights about the stakes of different political actors involved and the process of political negotiation on a very sensitive territory, namely that of citizenship granting in a country with a federal government and a significant cleavage between its main ethnic groups.

Assimilation of Public Policy Concepts Through Role-Play: Distinguishing Rational Design and Political Negotiation

One important objective of introductory courses in public administration is to sensitize students to the difference between two concepts: substantive rationality and political rationality. Both types of rationality play an important role in policy processes. Yet, although the difference is straightforward in theory, and is addressed and well-illustrated in most standard textbooks on public administration, students seem to have difficulty internalizing it. This article reports on our findings from a role-playing game designed to make students experience the difference between policy making as a process of rational design and policy making as a process of political negotiation. We conducted an experiment involving a large group of students enrolled in a first year, one-semester course, and a control group of students who enrolled in the same course 1 year later. The former were tested four times (start of the course, immediately before and after playing the game, and 3 months later) and the latter two times (at the start of the course and at the exam) for their understanding of how policy making—as-rational-design and policy making—as-political-negotiation differ on seven characteristics. Comparison of test results obtained before and after the role-play indicates a positive learning effect for some characteristics, and a negative learning effect for others.

Behavioral Consequences of Optimal Tax Structure - Empirical Analysis

The aim of the paper was to analyze some behavioral effects, especially the effect of “hidden” tax, the “preference of progressivity” effect and some kind of “preference of short period incidence” effects of citizen. The effects predict the citizens will prefer hidden taxes to direct levies. The behavioral experiments revealed that additional information concerning the “hidden” tax and tax progressivity influences the preferences of respondents. They started to prefer the different ways of financing the public goods, those more progressive. Effect of “hidden” tax substantially diminishes after the prompting of information concerning the true tax incidence of corporate income tax. At the beginning the corporate income tax was preferred all over the groups, but later it lost its dominance and the alternative personal income tax became the favorable way how to finance of public goods. It is evident the relevant information concerning the real tax incidence and the redistributional effects of particular tax measures can significantly change the citizens view how to construct the preferred tax mix. It might also affect the process of political negotiation and reasoning.

The Bail-Out! Positive Political Economics of Greek-Type Crises in the EMU

The Greek bail-out was highly controversial. An oft-heard assessment is that i) the bail-out was a mistake, ii) the political haggling over it was irrational and iii) the bail-out will create a moral hazard problem. Contrary to this view, our analysis suggests that, given EMU’s present political-economic set-up, i) the bail-out was unavoidable, ii) the lengthy process of political haggling leading to it was understandable, and iii) the bail-out does not have to be necessarily associated with a future moral hazard problem. Based on our analysis, we suggest that the EMU’s institutional design could be improved by establishing ‘exit rules’ and that bail-outs should be made rule-based. We have based our analysis on a political-economic, game-theoretic model that helps to understand why and how the parties involved in the Greek crisis arrived at the bail-out and on what conditions the final solution depended. The model allows tracing analytically the dynamics of the negotiation processes as well as the conditions and parameters on which the scope and limits of fiscal redistribution in EMU depends. In doing so, we formally take account of the ‘negative externality’ problem that has been central to policy debates related to the EMU’s institutional design and has played an important role in the Greek crisis. However, contrary to the existing literature, we do not only focus on the economic aspects of such negative externality, but also look at where they emanate from and interact with political factors, in particular the dynamics of the political negotiation process within the EMU.

PRIVATE LEGISLATION AS A STRATEGY OF POLITICAL NEGOTIATION

This article contributes to the perception of the role of the legislator as political initiator in modern parliamentarianism. Most of the research literature relates to the parliament member as a ‘eam player’ of their faction and party. This research was conducted into the functioning of the Israeli parliament The Knesset and into private members' legislation. The article examines in an innovative way the act of legislation, not only as a judicial or procedural process but as a process of political negotiation. The concept and findings that arose from the study of the role of the legislator as initiator of bills and negotiator with the government gives important knowledge and perspective on legislation as a political negotiation process.

An unholy alliance: Swiss citizenship between local legal tradition, federal laissez-faire, and ethno-national rejection of foreigners 1848–1933

This article traces the development of the federal structure of Swiss citizenship between the founding of the federal state in 1848 and the entrenchment of a restrictive naturalisation and establishment policy in the interwar period. Considering the difficult integration of foreign residents through naturalisation in the past and present in Switzerland, the author examines the causes for the granting and refusal of Swiss citizenship. She shows that the development of and arrangements for access to Swiss citizenship cannot be reduced only to notions about the Swiss nation or national interests. They are the result of a permanent process of political negotiation and coordination between the federation, cantons and local authorities; owing to its importance in social assistance matters, local citizenship constituted an impediment to naturalisation until well into the twentieth century. In contrast, the federation and certain cantons like Zurich, Basle and Geneva had sought since the 1880s to reduce the strongly increasing number of foreign residents by liberalising naturalisation. The outbreak of the Second World War put an end to these endeavours. With the rise of a ‘new right’ since 1900, the setting up of the Central Office of the Foreign Police in 1917, and the institutionalisation of the authorities' ‘fight against foreign infiltration’, Swiss nationality law became ethnicised. Cultural ‘assimilation’ into the ‘particularity of Swiss society’ was now regarded as a precondition for becoming a Swiss citizen. The new federal rejection of foreigners thus joined with the traditionally restrictive policy of local authorities in an unholy alliance that began to breach only in the 1980s.

Collective leadership and social logics: a new strategic change management challenge

This paper argues the importance of engaging a political negotiation process to design and deliver strategic change. This intervention research shows that enabling a political negotiation process generates and empowers a new form of leadership to drive change: the collective leadership. A new form of strategic change management method was designed and implemented to empower these tacit social logics to generate change. The hermeneutic dynamic of social logic revealed a predisposition for change at the operational level and a change resistance at the managerial level. The collective leadership is generated from the social logics of transformation and innovation within the social structure. In this business case, the collective leadership enables organisational change and innovation and becomes a new strategic change management challenge.

Coming to terms with the conflict in and about northern Ireland: Lessons from the healing through remembering project

In Northern Ireland the debate about what strategies to use to deal with the conflict is gaining momentum. Questions about truth, justice, compensation and more recently of reconciliation are common place. Recently, there have been several calls for a South African-style truth commission. One danger however, is that the strategies adopted to deal with the past, such as a truth commission, may flow directly from the political negotiation process with little civil society input. This is one of the reasons why the Healing Through Remembering Project was launched in early October 2001. The Project made up of a diverse group of people from all political backgrounds and from different communities, sought to identify and document possible mechanisms and realizable options for how remembering should occur so that healing could take place. The project undertook a consultation process posing the question: "How should we remember the events connected with the conflict in and about Northern Ireland". The project received a wide range of submissions. It used these to develop a series of recommendations. These included the need for acknowledgement leading to truth recovery storytelling, a Day of Reflection, a permanent living memorial museum and network of commemoration and remembering projects.