Subsequent Negotiations Research Articles

THE IMPORTANCE OF PEDAGOGY: CRITICAL APPROACHES TO STUDY ABROAD DESIGN AND DELIVERY

Scholars have realized the need for instructors, especially those with dominant/privileged identities, to interrogate their worldviews, perspectives, and power relations before facilitating educational experiences. This is especially relevant for practices such as study abroad which, although brimming with transformative potential, can also serve as a venue to reproduce and reify dominant and oppressive norms and ideologies. Through this qualitative case study of a technical writing course held in Germany and designed using critical pedagogy, we explored the ways that US engineering students made sense of home, host, and disciplinary cultures while abroad and the aspects of pedagogy that contributed to their engagement. Through our analysis we identified three kinds of reflection characteristic of engineering students' engagement and sensemaking: early cultural reflections, cultural synthesis, integrative reflections, and disciplinary cultural reflections. We also identified the deliberate pedagogical choices authors made to stimulate students' reflections and subsequent negotiations. Overall, insights from this study can provide pedagogical guidance to those designing and leading study abroad programs, ensuring they provide an experience that makes space for all students to have equitable outcomes and experiences. The insights from this study are also illustrative of the utility of qualitative case study approaches in assessing or researching study abroad trips or programs.

The Romanian and Soviet Military Potential – As a Means of Security in relation to the Draft Convention on the Reduction and Limitation of Armaments Debated at the League of Nations, within the Disarmament Conference of Geneva, from the period 1920-1934 –

During the period analysed in this research, in order to try to remedy the deficit situation in the Armed Forces, the country’s authorities took some legislative measures, including the “Law on the Organization of the Nation and the Territory for Time of War”, promulgated on 23 April 1933, in which it was specified that “the organization of the nation and the territory has as its purpose the capitalization on all the country’s forces and resources to ensure national defence”. The act basically stipulated obligations for the conscious engagement of the entire people in the effort to strengthen the national defence, the development of own defence industry, agriculture and communications. In the same context, the importance of the Convention on the Definition of Aggression played a major role for Romania in the subsequent negotiations for the normalization of diplomatic relations with the USSR, which was accomplished on 9 June 1934.

Potenţialul militar românesc şi sovietic – ca mijloc de securitate, în raport cu Proiectul de Convenţie de reducere şi limitarea armamentelor, dezbătut la Societatea Națiunilor, în cadrul Conferinţei Dezarmării de la Geneva, în perioada 1920-1934 –

During the period analysed in this research, in order to try to remedy the deficit situation in the Armed Forces, the country’s authorities took some legislative measures, including the “Law on the Organization of the Nation and the Territory for Time of War”, promulgated on 23 April 1933, in which it was specified that “the organization of the nation and the territory has as its purpose the capitalization on all the country’s forces and resources to ensure national defence”. The act basically stipulated obligations for the conscious engagement of the entire people in the effort to strengthen the national defence, the development of own defence industry, agriculture and communications. In the same context, the importance of the Convention on the Definition of Aggression played a major role for Romania in the subsequent negotiations for the normalization of diplomatic relations with the USSR, which was accomplished on 9 June 1934.

Labor unions and debt covenant violations*

This study examines the relationship between labor unions and firms’ decisions to violate debt covenants. We find that firms with high unionization rates are more likely to violate debt covenants than firms with low unionization rates. This relationship is stronger for firms with larger cash reserves. Our analysis also reveals that debt covenant violations lead to a lower probability of a strike. Additionally, we find that high-unionization firms are in better financial condition prior to covenant violations than low-unionization firms. Our study confirms the existing literature by showing that long-term abnormal stock returns after covenant violations are significantly positive. However, our results also show that high-unionization firms experience smaller stock returns compared to low-unionization firms. Furthermore, we provide evidence that high-unionization firms tend to manipulate earnings downward before covenant violations. These findings suggest that firms may strategically violate debt covenants to gain bargaining flexibility and force labor unions to make concessions in subsequent negotiations.

Marginal Analysis for a Win-win Case in Cross-cultural Acquisition: Wanda and AMC

In the context of economic globalization, countries are both partners and competitors. In the early twenty-first century, China began to look at the influence of Chinese culture in other countries and issued policies to support the purchase of overseas assets by Chinese companies. Wanda Group seized the opportunity and made a fortune by acquiring AMC and selling it at a high price. The study found that this was a successful cross-border M&A case, however, a systematic analysis still exists on the explanation of why Wang did a specific thing at a specific time. Therefore, the topic of this paper is to use marginal analysis to explain Wanda's behavior in entering and exiting AMC. Ultimately, this paper concludes that marginal analysis can help firms make decisions about whether and when to do something, and the resulting marginal costs can be useful for subsequent negotiations.

Critical Analysis of Elon Musk’s takeover of Twitter

According to the latest news, Musk completed the acquisition of Twitter on 27 October, which is a foreseeable result of this paper. This paper will critically discuss how the parties of this deal achieved their results, terminating the transaction for Musk and continuing the trade for Twitter by reviewing the agreements' representations, warranties, and covenants, MAC, the case of Snow Phipps Group v KCAKE and Verizon v Yahoo acquisition, will be referred. Musk previously would like to terminate the transaction because Twitter has provided false statements despite Musk skipping the due diligence (business/finance, legal/regulatory, environmental, and other areas of the target company) of the acquisition of Twitter. Then, Musk added the whistleblower’s allegation about Twitter’s security holes to the list of reasons for the deal's termination. The intention of ending might be that Musk would purposely reduce his offer price from $44 billion to a lower price by threatening to cancel the acquisition if Twitter permitted the transaction to proceed in subsequent negotiations if Twitter is liable for breach of representations and warranties. As for the acquisition agreement's covenant, the essence of the deal is access rights, which allowed Musk to acquire additional information after the contract closing, and Twitter had performed its obligations under the agreement. As last, Twitter argues that the market decline did not trigger the MAC clause. Therefore, the deal should proceed as planned.

Контроль над обычными вооружениями в Европе: кризис и перспективы его преодоления

The post-Cold War conventional arms control system (CACE), based on the Treaty on Conventional Armed Forces in Europe (CFE Treaty), has experienced a series of crises in 2000s early 2020s. The recent escalation of tensions between Russia and NATO merely finalized the process of disintegration of this system, resulting from a range of diverse factors. The CACE crisis was caused by long-term military-political, military-strategic, and military-technical shifts. Despite the complexity of the current military-political relations between Russia and NATO, the authors believe that it is already appropriate to begin searching for ways to restore the CACE regime, which would be optimal in terms of the evolving strategic landscape in the Euro-Atlantic region and would meet the security interests of the parties. The authors conclude that the starting point for creating a new CACE regime could be agreements on medium-range strike systems of various types of basing that do not distinguish between nuclear and conventional systems. Such a solution is achievable, primarily, in the mode of the Russia U.S. bilateral negotiations, which would simplify the task of reaching effective agreements and would also give an impetus for subsequent negotiations on nuclear weapons when the relations between the parties are normalized.

Who Controls the Past: Far‐Sighted Bargaining in International Regimes

AbstractHow do international regimes change over time? Regimes facilitate cooperation by linking together otherwise ad hoc negotiations. These linkages endogenize the status quo from which subsequent negotiations depart. I develop a theory of endogenous status quo within international regimes: prior outcomes implicitly define the status quo of new negotiations by acting as focal points and by creating inconsistency costs. I test observable implications of the theory in the context of the multilateral trade regime, focusing on new member accession negotiations. These negotiations attract interest from a surprising subset of World Trade Organization members, many with few observable trade ties or other economic incentives to participate. Nonetheless participation enables states to shape the emergent status quo strategically, with potentially far‐reaching implications for future bargaining. I employ a text‐as‐data approach—together with a novel corpus of negotiating documents—finding consistent support for the theory and mechanisms.

Negotiations in international procurement management

This research paper identifies the instrumental role of the integrative perspective in international procurement negotiations and evaluates how, in the specific case of BPN’s purchase by BIC, the long-term relationship approach provided the maximization of opportunities in international relations. The research applied a qualitative method that explored the case of BIC internationalization project within the CPSC (Community of Portuguese Speaking Countries) space and resorted to techniques of documentary observation, collected through interviews, official statements and communications. The study demonstrates that BIC strategy gave rise to subsequent negotiations with the same international partner, under conditions of a more cooperative perspective. Findings validate the relevance of an integrative perspective, but suggest that it is instrumental to competitive purposes and demonstrates that the entry into action of business economic actors is not unrelated to a strong involvement of States, through their governments.

How do global trade rules evolve? Strategic sequencing in international economic law

How do global trade rules evolve? This article argues that agreements create precedent that shapes subsequent negotiations, and policymakers exploit this precedent. Specifically, states sequence agreements, using negotiations with likeminded or relatively less important partners to establish model rules for subsequent use where negotiations will be more challenging. By institutionalizing negotiating positions where stakes are low, negotiators seek to improve the odds of replicating preferred terms in later, more challenging deals. A two-stage regression analysis on trade agreement design from 1965 to 2016 and qualitative probes from the UK and New Zealand support the argument: agreements with less important partners are presented as strategic opportunities to innovate and set precedent. Legal language has a way of sticking around, and states know it. States sign agreements with an eye to the future.

Digital Dispossession and Gendered Discrimination in Use of Smartphone by Women in Marginal Settings in India

Women are becoming avid user of mobile phones and are increasingly turning to technology to up-skill themselves which offers scope to reduce gender inequalities even in marginal settings. Technology has ushered in a development offering which holds tangible promise to reduce social barriers by providing training that boosts proficiency. Digital media offers scope and opportunities of reshaping systemic gendered imbalances of social structure. Women, in marginalized settings, hemmed in by deeply rooted patriarchal structures may find emancipation by use of the digital technologies in their everyday routine which may accelerate restructuring of their social and cultural realities. The role of digital media in struggle for women’s inclusion in the civil society and gender equality has been considered as emancipatory. This is particularly so because technology provides an avenue for women’s engagement where their physical mobility is restricted and voices deliberately muted. However, patterns of social attitudes may underpin internet cultures if viewed through a gendered prism. There is a persistent gender gap in mobile phone ownership and usage in the low income setting areas and women tend to experience certain barriers more acutely than men. This deprivation in terms of being unconnected widens the gap of marginalization. The present study is an attempt to explore entry of digital technologies in a given culture of slum area in urban settings and subsequent negotiations for the concomitant changes in the discriminatory roles and responses. Two research objectives that have been explored are- factors that engender marginalisation of women and their gendered aspects constraining their digital literacy and competency; the second objective is to describe disruptive impact of digital devices on traditional gender roles and responsibilities that determine the relationships and status in the family. A sizeable percentage of the slum dwellings have electricity, television and smartphones even though lacking toilets. The paper uses qualitative method and tools of observation, focus group discussions and interviews to study mobile and smartphone usage of women living in slums to capture their everyday mobile experience and internet adoption in the context of existing gender inequalities. The study finds that power dynamics within the household play roles that mark digital in/exclusion and (dis) empowerment. It is obvious that digital divide exists even among marginalised as do categorical differences because women are conditioned to accept and continue male dominance in subtle ways. Augmenting the efforts to provide digital literacy and competency to marginalised women may turn out to be real game changer in bringing about social change.

The Brexit deal and UK fisheries\u2014has reality matched the rhetoric?

Fisheries management has been a strongly contested aspect of the UK’s position in the EU since UK accession, with the fishing industry frequently questioning both the efficacy and fairness of arrangements. During the campaign for UK exit (Brexit) from the EU, and the subsequent negotiations of a new legal and political relationship from 2016 to 2020, senior UK political leaders strongly committed to deliver radically changed fisheries arrangements with respect to the three central issues: regulatory autonomy; access to waters; and quota shares, all while maintaining minimal trade impacts. The Trade and Cooperation Agreement diverges from this Brexit rhetoric. While some regulatory independence has been achieved, UK fisheries management continues in a state of interdependence and significant EU access to UK waters remains, even in the 6–12 nautical mile territorial waters. While the UK gained an increase in quota shares which is estimated to reach 107 thousand tonnes of landed weight annually by 2025 (an increase of 21.3% for quota species and 16.9% for all species, or 17.8% and 12.4% by value), this pales in comparison to the UK Government’s stated ambitions for zonal attachment (achieving 68% by weight and by value - a potential shortfall of 229,000 tonnes / £281 million). This modest change explains the negative reaction of the fishing industry and claims of betrayal in the face of the UK Government’s announcement of a “successful” deal. The stark delivery gap between rhetoric and reality means the UK government faces a challenging start to managing fisheries outside of the Common Fisheries Policy.

Estimating the Impacts of Non-Tariff Measures in the Indian Ocean Rim Association

In recent years, the Indian Ocean Rim Association has witnessed an increasing trend in the use of non-tariff measures (NTMs). This study evaluated the impact of NTMs in the Indian Ocean Rim Association through estimations of their ad valorem equivalents at the HS chapter and country levels. A gravity model using NTM count data (intensity) was specified and estimated to derive the importer-specific ad valorem equivalents for the four (4) most used NTMs in the region. The results showed the presence of both import-impeding and import-promoting effects of NTMs; however, the import-impeding effects dominated in the region. The quantitative restriction and safeguard measures were more restrictive compared to the sanitary and phytosanitary measures and technical barriers to trade. This was expected since quantitative restrictions are trade-distorting by design. This calls for reforming trade policy in the region toward NTMs that are more transparent and trade enhancing for successful subsequent trade negotiations in the Indian Ocean Rim Association, which would support the sustainable economic development of the region.

Aramco, Reliance drop deal

Saudi Aramco and Reliance Industries are abandoning a deal under which the Saudi oil giant was to buy a 20% stake in Reliance’s refining and chemical business, called Oil to Chemicals. The business has annual sales of about $43 billion, about a third of which is chemicals. In 2019, Aramco proposed to buy the stake for about $15 billion as part of a push to diversify its assets beyond oil and gas exploration in Saudi Arabia. But subsequent negotiations failed to yield a definitive pact. Reliance is also canceling plans to separate Oil to Chemicals into a stand-alone operation. The Indian conglomerate says a change in direction prompted it to reevaluate the combination with Aramco. Last year Reliance unveiled ambitious plans to have net-zero carbon emissions by 2035. And in September, Chairman Mukesh Ambani announced that Reliance was setting aside 2,000 hectares at its flagship refinery in Jamnagar, India, to

The Israel-PLO Mutual Recognition Agreement

Abstract From the perspective of a practitioner who was deeply engaged in the negotiations, this article describes how the Israeli-Palestinian Mutual Recognition Agreement was conceived and negotiated. It explains the process of convincing Israeli and Palestinian leaders to accept mutual recognition, overcoming their initial objections. While not nearly as publicized as the 1993 Declaration of Principles agreed at Oslo, this Agreement became the bedrock for all the Oslo Accords, and set the stage for subsequent negotiations.

Expedition turned Invasion: The 1888 Sikkim Expedition through British, Indian and Chinese eyes

AbstractA fresh look at the 1888 Sikkim Expedition using both Chinese and English language sources yields very different conclusions from that of previous research on the subject. During the course of policymaking, the British Foreign Office and the British Government of India did not collaborate to devise a plan to invade Tibet; conversely, their aims differed and clashed frequently. During the years leading to war, the largest newspapers in British India gave plenty of coverage to the benefits of trade with Tibet, thus influencing British foreign policy and contributing indirectly to the outbreak of war. The Tibetan army was soundly defeated in the war, while the British troops suffered only light casualties. Although the Tibetan elites remained committed to the war, the lower classes of Tibetan society quickly grew weary of it. During the war, the British made much use of local spies and enjoyed an advantage in intelligence gathering, which contributed greatly to their victory. Finally, although the war was initially fought over trade issues, the demarcation of the Tibetan-Sikkim border replaced trade issues as the main point of contention during the subsequent peace negotiations. During the negotiations, Sheng Tai, the newly appointed Amban of Tibet, tried his best to defend China's interests.

Emotion norms: Ireland, Brexit, backstops and protocols

ABSTRACT The 2016 decision of the UK electorate to withdraw from the European Union drew to a halt a decades-long process of shared Irish/UK Europeanisation. Brexit also posed near existential challenges to the Irish state across the public policy spectrum, initiating something of a debate on Ireland’s strategic position vis á vis the UK and EU26 and the future of the Irish peace process. This paper seeks to assess the emotional content of these debates surrounding the impact of the Brexit crisis on bilateral British–Irish relations and the mediating role of Ireland’s EU membership in the Union’s subsequent negotiations with the UK. The article will argue that Brexit shattered newly developed and instantiated emotion norms, resulting in some reversion to earlier historical emotional patterns but then also a reversal in emotional stereotypes which had long define the bilateral relationship.

Brief Synopses of New Arabic Language Publications

Brief Synopses of New Arabic Language Publications

Cognitive processing and affect predict negotiators’ post-adversity subjective and economic outcomes

PurposeNegotiators are offered limited advice on how to overcome adverse events. Drawing on resilience and coping literatures, this study aims to test the impact of three cognitive processing strategies on negotiators’ subjective and economic value following adversity.Design/methodology/approachParticipants completed two negotiations with the same partner. The difficulty of the first negotiation was manipulated and tested how cognitive processing of this experience influenced subjective and economic outcomes in the second negotiation.FindingsSubjective and economic outcomes were predicted by negotiators’ affect, their cognitive processing strategy and negotiation difficulty. In difficult negotiations, as positive affect increased, proactive processing decreased self-satisfaction. As negative affect increased, affective processing increased satisfaction with relationship and process.Research limitations/implicationsCognitive processing of adversity is most effective when emotions are not running high and better able to protect relationship- and process-oriented satisfaction than outcome-oriented satisfaction. The findings apply to one specific type of adversity and to circumstances that do not generate strong emotions.Originality/valueThis research tests which of three cognitive processing strategies is best able to prevent the aftermath of a difficult negotiation from spilling over into subsequent negotiations. Two forms of proactive processing are more effective than immersive processing in mitigating the consequences.

Protecting Aboriginal Rights and Title in Canada: A Growing Space for the United Nations Declaration on the Rights of Indigenous Peoples

Abstract In 2014, the Supreme Court of Canada issued a landmark decision in Tsilhqot'in Nation v. British Columbia. In this decision, the Supreme Court recognised Aboriginal title to a specific territory for the first time, along with Aboriginal rights to hunt, trap, and engage in other practices. While international human rights law relating to Indigenous peoples, notably the United Nations Declaration on the Rights of Indigenous Peoples, was not directly relied upon in this decision, the subsequent negotiations and outcome documents have gradually included the UN Declaration into the discussion, in conjunction with the political and legal shift towards recognition and acceptance of it in Canada. By exploring the political and legal struggles of the Tsilhqot'in, particularly after the 2014 decision, this paper considers a growing space for the UN Declaration in defining the declared Aboriginal rights and title.