Negotiation Stage Research Articles

On the finalisation of international football transfers and professional football players’ contracts

Dynamic decision-making processes in the football transfer market, intense rivalry for top talents, and rapid development of communication technologies enable clubs and players to negotiate simultaneously with many entities. Although these phenomena may, sometimes, seem beneficial to the actors of a football market, they also can create some serious legal problems. Football clubs withdraw from transferring a player, in favour of another prospective signing, even at some very late stage of negotiations. Similarly, football players negotiate with clubs, and sign preliminary agreements, but then refuse to conclude a final contract. Confusion and uncertainty about the legal situation are increased by differences between legal cultures that are represented by different football stakeholders. This article aims to discuss the practical aspects of unfinished football transactions. It attempts to define the criteria of finalisation of professional football contracts and international transfer agreements. It also presents arguments for claims regarding breaches of pre-contractual and contractual obligations of football stakeholders. In this article, it is argued that the jurisprudence of football judicial and arbitration bodies distinguishes between preliminary agreements, draft contracts, and final contracts. They set clear principles regarding the calculation of compensation for breaching pre-contractual and contractual obligations. They also offer a legal basis for claims based on negligent, unfair, or disloyal negotiating, although these are still very rare in football dispute resolution.

The Meaning of Intuition for the Negotiation Process and Outcome

Intuition is a useful tool for negotiators, as negotiations are often highly complex endeavors in which people make holistic judgments with incomplete information and no time for deliberation. Therefore, one might expect that intuition greatly influences negotiations and their outcomes and that negotiators would use intuition to their advantage. However, there is almost no systematic research into the meaning of intuition for negotiation. In this conceptual paper, drawing on five interviews of experienced negotiators, we apply general research on intuition to the specific case of negotiation and find that negotiators use intuition specifically for attribution and social interaction. We distinguish different intuition attitudes; identify preparation, time, and negotiation stages as relevant drivers for the use of intuition in negotiation; clarify the distinction between intuition and routine; and shine new light on the concept of domain‐specific knowledge.

Voluntary Sustainability Certification and State Regulations: Paths to Promote the Conservation of Ecosystem Services? Experiences in Indonesia

The Forest Stewardship Council initiated a Forest Certification for Ecosystem Services (ForCES) project from 2011 to 2017 to improve and promote sustainable forest management addressing a range of ecosystem services. Three sites in Indonesia were included in the pilot. Whilst the development of the certification standard was largely the result of a partnership between the certification standard organization, civil society and research organizations, implementation and monitoring of the impact of this sustainability standard will entail interactions with state regulations. This study examined how voluntary certification, other market-based approaches and state regulations concerning ecosystem services in Indonesia interplay, particularly in the agenda setting and negotiation stage. Using the conceptual lenses of transition theory and state and non-state market-based governance, interrelationships between ecosystem services certification and regulations were found to be complementary and antagonistic. The majority of interrelations were complementary and supporting. However, antagonism exists where regulations do not address multiple land uses and when there are contradictions in how state regulations define ecosystem services. There was limited state involvement in developing the ecosystem services certification standard, with no substitution between the voluntary standard and regulations occurring. To scale and transition this innovatory standard from a niche to a sociotechnical regime level, it is recommended that market-driven governance arrangements at farm, forest concession and landscape level are developed in collaboration with national and local governments. Collaboration can create synergies to incentivize the acceptance, adoption and effectiveness of non-state market driven instruments to positively enhance the conservation of ecosystem services.

Lacking pluralism? A critical review of the use of cultural dimensions in negotiation research

Cross-Cultural-Negotiations are pivotal in global business. Research frequently approaches this topic using cultural dimensions as underpinning conceptual constructs. This paper provides a systematic review of the use of cultural dimensions in negotiation research of more than 30 years. Empirical Cross-Cultural-Negotiation literature has been systematically searched for findings obtained by the use of Hofstede or The Globe Study dimensional constructs and categorized them into four negotiation stages. Findings show that negotiation research lacks pluralism in the use of cultural dimensions: The majority of publications use Hofstede’s Individuality dimension as the main reference, whereas the remaining dimensions of Hofstede, and especially those of The Globe Study enjoyed little attention so far—A trend that continues to exist until 2017, including. This review also shows that the use of Hofstede’s Individuality dimension delivers contradictory findings in crucial research areas: Competitive versus Cooperative Negotiation Strategy, Integrative Information Exchange, Problem Solving Approaches and its reciprocation. Further, an analysis of research sub-categories reveals an unbalanced distribution, focussing mainly on negotiation strategies and is widely ignoring other areas of research. Implications of the findings and the use of alternative dimensional constructs of culture for future research are discussed.

The importance of negotiation and conflict management

In this paper, we will discuss in detail about negotiation and conflict management and its approaches which is necessary everywhere. We will also discuss the steps and stages of negotiation and conflict management. Highlight the important features between the two relationships in almost every field and four - dimensional approach of negotiation and conflict management. We suggest adopting all stages and steps everywhere to sort out issues and problems related to negotiation and conflict management. There are various research and topics which talked about it and suggested many things to handle it, same in this paper present all important aspects of the topic and discuss it in detail and its importance in the emerging technological world. Also, areas that generally adopt negotiation and conflict management for a smooth run of business, organization,personal relationship, and bonding between people for the long term.

Pitching trade against privacy: reconciling EU governance of personal data flows with external trade

Key Points: * Global data flows underpinning cross-border digital trade have moved centre stage in international trade negotiations. New trade law disciplines on the free flow of data are included in a number of international trade deals. * The European Union (EU) has a key role to play in the global governance of the protection of personal data. The EU’s strict data protection regime has sometimes been framed as a digital trade barrier. * This article juxtaposes the EU’s governance of fundamental rights to privacy and data protection with external trade policy on cross-border data flows. * The process of aligning EU’s normative approach to personal data protection with its external trade policy has been, until very recently, riddled with contradictions. * The article concludes with an assessment of the EU’s recent horizontal strategy on cross-border data flows and personal data protection in trade and investment agreements, which aims to align EU external policy.

A game-theoretic approach to developing a concession renegotiation framework for user-pays PPPs

In public–private partnership (PPP) contracting, a common practice for the hosting government is to fix the contractual clauses before signing a concession agreement with private investors. If there is no negotiation stage in a tendering process, the critical contractual parameters, e.g., the concession period, are usually stipulated by the government at the pre-contractual stage. However, due to the incompleteness of PPP contracts, the practice of presetting contractual parameters often leads to ex-post renegotiation or even project failure. Revenue uncertainty has become one of the most significant sources of PPP contract renegotiation, especially for user-pays PPPs such as highways and tunnels. In order to facilitate renegotiation between project parties in a user-pays PPP project, this paper develops a concession renegotiation framework targeting three critical contractual parameters, i.e., concession period, concession price and government guarantee, to control the revenue risk for project parties. Game-theoretic modelling is the approach used to determine the optimal adjustment values for the critical contractual parameters. The bargaining game model is developed to find the optimal adjustment values for the concession period and government guarantee when a renegotiation process is initiated, while the coalitional game model is employed to discuss renegotiation of the concession price. This study contributes to the theoretical foundation for understanding the renegotiation framework of user-pays PPP projects. Project JG is taken as a numerical example to validate the proposed model. The project parameters are extracted from the historical data for a local highway PPP in Yunnan, China and analysed using the econometrics software MATLAB. The renegotiation outcomes show that to control the revenue risk for private investors, the concession period needs to be extended to 34 years or the concession price adjusted to a number ranging between 4.38 and 5.13 USD. The data analysis outcomes also suggest that to control overly lucrative conditions for private investors, renegotiation of the concession price is a better choice.

The end of gunpoint conservation: forest disturbance after the Colombian peace agreement

In November 2016, after 52 years of armed conflict, the Colombian government and the primary rebel group, the FARC (Fuerzas Armadas Revolucionarias de Colombia) reached a peace agreement. The agreement incorporated three changes to institutions governing forest land occupation and use: (a) the demobilization of FARC from forested places, (2) the future distribution of legal land titles and new road construction into forests, and (3) the eradication of illicit crops. However, we document unprecedented rates of forest disturbance in the months following the peace agreement in biodiversity hotspots across the country. Are the declaration of peace and the increased rates of forest disturbance related? Here, we present the first systematic assessment of the impact of the Colombian peace agreement on forest disturbance. Focusing on the Andes-Amazon Transition Belt (AATB), we used automated satellite image disturbance detection methods and ethnographic data to quantify and interpret forest cover change from 2010 to 2018 that span wartime, peace negotiation, and post-peace agreement stages. Our findings indicate that during the post-peace agreement period (2017–2018), the area of forest disturbance increased by 50% (about 238 000 ha) across the AATB in comparison with the four-year peace negotiation stage (2013–2016); these changes reflect the end of FARC-led gunpoint conservation in the region. Forest disturbance also spread deeper into the Amazon watershed and increased in area by 187% within the AATB’s protected areas. We find that following the peace agreement and the withdrawal of FARC, key actors (viz. drug cartels, large landowners, campesinos and dissidents) with expectations of favorable land tenure policies swept into the region; this led to increases in large-scale cattle ranching, coca cultivation dispersal, and speculative illegal land markets each of which contributed to the widespread forest disturbance that we mapped. The rapid increase in forest disturbance occurred despite the interest of the international community in promoting forest conservation initiatives in the AATB and Colombia’s existing conservation and land titling frameworks for public lands. Our findings underscore the need for conservation strategies sensitive to rapid institutional and demographic changes in the course of the peace agreement to prevent forests from becoming an unexpected casualty of premature and unstable peace.

Heuristics and biases as sources of negotiators’ errors in the pre-negotiation phase. Review of literature and empirical research

Purpose – Heuristics and biases are simplifying strategies that people (in the analysed issue – negotiators) use in the decision-making process, even when they can take advantage of supporting tools (e.g. Negotiation Support System), which will allow them to make the optimal choice [Wachowicz, 2006]. Many empirical studies have found that decision makers use heuristics and are biased [Bateman, Zeithaml, 1989; Jackson, Dutton, 1988; Kahneman et al. 1982; Zajac, Bazerman, 1991]. Therefore, the question should be asked: are negotiators, like managers (whose decisions were examined), instead of consciously and intentionally using tools supporting decision-making during negotiations, subject to heuristics and cognitive errors? As a consequence of this general question one may ask the specific research questions: (1) What heuristics do the negotiators undergo? (2) How do heuristics influence the decision-making process? (3) How can the impact of heuristics and biases be minimized by taking advantage of negotiation support tools? Research methods – The article is a review of psychological, sociological and management sciences theories, concepts and empirical researches on heuristics and biases. The review was made according to the following categories: (a) theories that recognize the inevitability of heuristics in the decision-making process, (b) theories that attempt to identify opportunities to minimize or even reduce the impact of heuristics on decisions, and (c) those that offer alternative solutions. Results – The summary highlights those heuristics which might occur in the decision-making process in the pre-negotiation phase. Originality/value – There is no research exploring the role of specific heuristics and biases in particular stages of negotiations.

Cheap-talk Communication in Procurement Auctions: Theory and Experiment

In procurement auctions, bidders are usually better informed about technical, financial, or legal aspects of the goods and services procured. Therefore, the buyer may include a dialogue in the procurement procedure which enables the suppliers to reveal information that will help the buyer to better specify the terms of the contract. This paper addresses the question of the value added of letting the sourcing process consist of both an auction and a negotiation stage, theoretically and in a laboratory experiment. Our theoretical results suggest that in a setting where the buyer and the suppliers have aligned interests regarding the terms of the contract, allowing the winning supplier to communicate with the buyer after the auction is beneficial to the buyer compared to no communication and ex-ante communication. In a setting where the buyer and the winning supplier have misaligned interests regarding the terms, the buyer benefits from ex-ante communication relative to no communication and ex-post communication. Our experimental data provide strong evidence for the predictions in the aligned-interest setting. In the misaligned-interest setting, we do not observe significant differences between the three mechanisms. Our experimental findings offer several managerial implications for the appropriate design of sourcing processes.

Brexit, COVID-19, and Possible Frameworks for Future UK/EU Financial Governance Cooperation

The EU project is at an inflection point. Intra-EU alliances are altering in light of the UK’s departure, the EU’s financial markets remain segmented, and there is limited appetite for completing the Banking Union. The second stage of the Brexit negotiations also collided with the COVID-19 pandemic, a medical emergency that has placed economies around the world under tremendous strain. The combination of issues amounts to a ‘polycrisis’ for the EU, aspects of which raise existential questions about the future of the EU project.This article focuses on one strand of the debates generated within this polycrisis: future UK/EU policy cooperation with respect to financial governance; the mechanisms which support financial market regulation and supervision. The article discusses the importance of the financial services sector to the UK and the EU, and examines potential institutional options for future financial governance cooperation. In particular, the article advocates harnessing the dexterous aspects evident within precedents, including in existing EU/third country association agreements, to develop a functional arrangement for future financial governance cooperation. Such a framework could also lead to closer UK/EU cooperation than currently appears likely.

ИСТОРИЯ ВОПРОСА О КИТАЙСКОРОССИЙСКОЙ ГРАНИЦЕ И ЗНАЧЕНИЕ ЕГО РЕШЕНИЯ ДЛЯ УКРЕПЛЕНИЯ МЕЖГОСУДАРСТВЕННЫХ ОТНОШЕНИЙ РОССИИ И КИТАЯ

This article examines the historical importance in the settlement of border issues and identifies the main difficulties of the process of solving problems related to the SinoRussian border. The article emphasizes that since the formation of the modern national state, borders have become an important part of the sovereignty and territorial integrity of the state, and during the formation of modern states, the process of establishing a border between the two countries has almost always been accompanied by controversy, even large-scale wars or the threat of war. The formation of the russian-chinese border also took place in similar conditions. The author traces in detail the history of RussianChinese relations in terms of resolving border problems, comments on the main stages of China-Russian negotiations on border delimitation issues, characterizes the main border agreements concluded between China and Russia (Nerchinsky, Kyakhtinsky, Aigong and Beijing), assessing the difficulties in signing agreements from the positions of the Chinese and Russian sides. The article justifies the importance in the settlement of the China-Russian border issue: the creation of new conditions for cooperation in many specific areas, such as economic and trade exchanges, environmental protection, rational use of resources, shipping and the joint fight against crime in the border areas; improving the external situation and maintaining national security in the both countries. The article concludes that today Russia and China as a whole have reached a settlement of border issues, which made it possible to create conditions for long-term relations of strategic partnership and mutually beneficial cooperation

Pregovori Milovanovića i Gešova u stvaranju Balkanskog saveza 1912. godine

Years before the First Balkan War 1912/13 marked by intense diplomatic activities aimed at creating alliances between Serbia, Bulgaria, Greece and Montenegro. Its goal was the liquidation of Ottoman rule in the territory of the so-called European Turkey, the liberation of compatriots from centuries-old occupation and the return of the territory to their countries of origin. The Serbian-Bulgarian agreement formed the basis of a broader alliance. It was established primarily through agreements between two prominent statesmen - Milovan Milovanović and Ivan Evstratiev Geshov, who at the final stage of negotiations were simultaneously prime ministers and foreign ministers. The results of the negotiations were translated into an interstate agreement with a secret annex of March 13, 1912. Despite the great temptations that followed the creation of the Serbian-Bulgarian agreement, Milovanović and Geshov still managed to bring the whole process to a successful end. The great powers persistently insisted on maintaining the status quo in the Balkans, which did not favor the Allies policy. The Alliance, however, was most concerned with the Ottoman Empire, according to which its blade was pointed. Unable to do anything more, neighborhood events were followed here with the utmost care and readiness. The first step in the Allies intention was the rapid and effective liquidation of Ottoman rule in the Peninsula, which for many who doubted the Allies resolve was an unexpected turn of events. However, when the burning question about the partition of this space came to the fore, the fate that many feared could not be avoided. Those who were in Bulgaria for further compromise with the Allies were not favorably regarded there by radical circles close to King Ferdinand and Austro-Hungary. Because of this, Geshov also had to withdraw from the political scene by resigning. Milovanovic passed away earlier. In all likelihood, an alliance without the famous duo who for the most part created it could not survive.

THE ROLE OF THE LOCAL GOVERNMENT'S PLANNING AND COORDINATION SECTION IN AN UNPRECEDENTED MOVE TO UNDERGROUND THE MOTORWAY IN THE MIDDLE OF YOKOHAMA CITY

In 1968, Akira Tamura, who subsequently became a renowned Japanese town planner, was assigned by Yokohama’s socialist mayor Asukata the difficult task of resolving a tangled argument over the route selection and structure of the new urban motorway. Tamura had joined the city administration in the same year on Asukata’s request. He earlier ran a private practice as a town-planning consultant and had proposed the “Six Spine Projects” to remodel Yokohama in 1964. The motorway solution became the first achievement by the new administrative section named the "Planning and Coordination Section, ” which undergrounded a part of the new elevated motorway project in the city center and rerouted its connecting roadway to the suburban motorways. The solution required prolonged re-negotiation among the concerned parties, including the national ministries. The critical stage of negotiations started once the central government had made its formal and legal decision on this project.

The Problem of “German Property” in the Post-War Negotiations for the Restoration of Independent Austria (1945—1955)

The article traces the main stages of negotiations around the problem of German property (German assets), which was one of the most controversial issues in the settlement of the post-war status of the Austrian state. The author reveals the main contradictions between the USSR and the Austrian government, as well as between the USSR and the Western powers regarding the identification and division of German assets on the territory of Austria. The author notes that a fundamental breakthrough in solving this issue was achieved during the visit of the Austrian government delegation to Moscow in April 1955, when the last obstacles to the conclusion of the Austrian State Treaty were removed.

Britain and the European Union: a Difficult Path to Post-Brexit

The article is devoted to the analysis of the consequences of the referendum on the UK’s membership in the European Union. The causes that contributed to the radical transformation of political processes and crisis phenomena in the framework of European integration processes are revealed. It is noted that the crisis of the British model of democracy and the rise of “monitoring democracy”, as well as the constitutional reforms in the UK, which were not brought to a logical conclusion, influenced the effectiveness of political institutions. The range of new complex issues of constitutional, legal, financial, economic, social and humanitarian nature that need to be addressed in the context of brexit is determined.The features of the development and implementation of the strategies of the United Kingdom and the European Union on the negotiation process are considered. The most important stages of negotiations on the problem of developing an agreement defining the conditions and principles of relations between the parties in the post-brexit period are studied. Particular attention is paid to the key controversial issues - the implementation of the financial obligations of the United Kingdom to the EU, guarantees the rights of EU citizens and their families living in the UK, as well as the preservation of the free movement of people, goods, services and capital between Northern Ireland and the Republic of Ireland.The author analyzes internal and external factors that have a direct impact on the course of the dialogue, arguments and counter-arguments of the parties, the reasons for the change in the positions of the United Kingdom and EU leaders on key issues of cooperation in the new historical conditions. There is a deep split between British society and the main political forces of the country on the issue of withdrawal from the EU. The factors that led the UK to a serious political crisis and the inability to develop an adequate and effective brexit strategy are considered.

Final stage of the struggle for independence of Syria: international discussion on evacuation of foreign troops (1945-1946)

The subject of this research is the final stage of the struggle for independence of Syria (1945-1946). The article explores the “Anglo-French Agreement on Near East” of December 13, 1945, as well as the response of Syrian society to its conclusion. The author reviews the discussion in the United Nations Security Council  that took place on February 14-16, 1946 regarding the question of evacuation of foreign troops from the territory of Levant , as well as the results of decisions accepted in the UN Security Council that affected the attainment of independence of Syria. Moreover, the article analyzes the final stage of negotiations between Syrian, British and French governments, which led to evacuation of foreign troops from Syria on April 17, 1946. This event resumed the result of French mandate control in the country. The conclusion is made that the “Anglo-French Agreement on Near East” of December 13, 1945 became a breakthrough moment in the struggle of Syrian nation for independence. After it has been signed, the protest movement in Syrian cities reached its heights, forcing the government of Levant to propose it for consideration in the UN Security Council regarding the evacuation of foreign troops on February 14-16, 1946. Although no resolution has been adopted, the question received an international resonance. Under the international pressure, Britain and France had to withdraw their troops in April 1946. This marked another – Syrian – chapter of decolonization of Asian countries. The mandate system was left behind.

The Principle of Good Faith in the Palestinian Civil Code Draft and Its Role in Maintaining Economic Contractual Equilibrium at the Pre-Contracting Phase

The jurisprudential and judicial legal trend tends to apply the principle of good faith at the pre-contracting phase as one of the most substantial principles governing this phase, since it is inconceivable that the parties are to negotiate in bad faith, and then must implement the contract in good faith, in accordance with the traditional legal rule that “fraud spoils everything it touches”. However, the Palestinian legislature has ignored enacting legal provisions obliging the parties to abide by the principle of good faith in the pre-contracting phase causing a legislative deficiency in the legislative remedies of the subject of good faith in the pre-contracting phase. This paper seeks to prove that replacing a provision that requires good faith in negotiations with the provisions of tort liability causes many legal problems. To prove this, the legal provisions should be analysed which would also include determining the definition of the principle of good faith, and the function of that principle in achieving contractual equilibrium and the legal basis for this principle at the stage of negotiation which should also be analysed. Moreover, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the need to legislate a legal article which obligates the negotiating parties to behave in good faith, as this has become an unavoidable reality that should be dealt with to contribute to the stability of civil and commercial transactions. As such, the legal article should also specify the compensation to be claimed.

As novas tecnologias de informação e comunicação no contexto educacional das políticas públicas

O presente artigo tem como objetivo compreender como o uso das novas tecnologias de informação e comunicação, na Educação Básica e sobretudo no Ensino Superior, pode se constituir como ferramenta de combate e resistência ao cenário atual de retrocessos e ataques ao sistema educacional público brasileiro. Para tanto, apresentamos uma discussão teórica sobre o uso das tecnologias na educação como forma de resistência. Com base na atual Lei de Diretrizes e Bases da Educação 9394/96 e no Plano Nacional de Educação (2014) apresentamos os conceitos de educação, novas tecnologias e formação docente como palco de lutas e negociações para a aprovação de determinadas políticas. Explicitaremos algumas delas, tais como as políticas atuais voltadas à formação docente, assim como as mudanças ocorridas no Ensino Superior, em especial, uma reflexão da portaria 1.428/18 que permite que até 40% das disciplinas, dos cursos presenciais, possam ser ofertadas na modalidade de Educação a Distância. Diante desse novo cenário que se consolida por meio das tecnologias nos indagamos, ainda, como as chamadas fakes newsemergem em uma sociedade que não consegue ser crítica frente à avalanche de informação que circula em nível mundial. Torna-se possível entender que elas representam a falta de uma educação e conscientização voltada para a sociedade da informação e do conhecimento.

Women's self‐presentation and the transition from classroom to workplace

Organizations place context‐specific appearance demands on women — demands that often echo wider inequalities, require adaptation of self‐presentation and impact on women's careers. Despite this, the effect of life and career stage transition on women's self‐presentation and embodied identities remains largely unexplored. Drawing on a qualitative study of young British women's body modification, this article examines what impact transitioning from education into the world of work has on women's self‐presentation and body modification regimes and their embodied identities. Body modification here refers to all methods women use to alter their physical body and appearance (e.g., invasive or non‐invasive; self‐administered or other‐administered; permanent or temporary), provided the intention of their use is primarily to alter the user's physical appearance. Expectations of transition, the impact of entering the workplace and of career establishment are considered as well as the significance of career stage and vulnerability for resistance and negotiation of organizational expectations. Transition of life stage is found to be a catalyst for self‐presentation change. The transition from education to work is identified as having a significant impact on body modification practices across workplaces.