Broadening the Evaluation of Dispute Resolution: Context and Relationships Over Time

Evaluation of negotiation outcomes tends to focus on measurable, dyadic,short-term resolutions of conflict. We review current challenges to this traditionalmodel of the evaluation of dispute resolution outcomes, and we offerfour perspectives that can help address them. First, we advocate the needfor longitudinal studies of negotiations that incorporate disputant relationshipsbefore and after a particular negotiation. Second, we highlight theincreasing importance of third parties in resolving conflict. Third, we suggesta more comprehensive conception of parties, relationships andoutcomes in negotiations research. Finally, we advance an explicit incorporationof context and culture into dispute resolution research models.     

Inside a News Item: A Dispute Over Framing

Trust in serious journalism is based on our belief in the professionalism of journalistic practice. We expect televisions evening news to select the most significant events of the day and tell them in a fair and accurate manner. Whereas academic research agrees that news value or newsworthiness should be the guiding principle for selectivity, the principle is rarely spelled out in detail. Occasional attempts to infer these values empirically from what gets published or from whats left on the floor conceal the process of negotiation and disagreement that goes on in the newsroom and between professional journalists and the interests of the channels private or public owners. The case study presented here uses inside information that emerged during the course of a public debate following the broadcasting of a news item on Israels Public Television featuring football fans at a victory celebration welcoming Prime Minister Netanyahu with racist shouts. The analysis demonstrates that the same event may evoke several competing frames and thus may be included or dropped, or appear at various spots in the lineup for different reasons. The paper raises the question of whether the authority of the news might not be enhanced on occasion by sharing competing frames with viewers.     

中国—东盟自由贸易区国际投资条约的冲突与协调

在中国—东盟自由贸易区内存在多层级的国际投资条约的适用问题。有的投资条约侧重投资自由化,有的注重对投资的保护,强调投资保护和强调投资自由化之间存在着潜在的冲突。这些条约的缔约国在履行双重条约义务时就难免会发生冲突。就条约具体条款而言,存在实体性规则的冲突和程序性规则的冲突。对于条约冲突的解决可以运用动态的条约解释方法和条约自身的冲突条款予以解决。但条约冲突是一个复杂问题,没有一个简单的方法就可以解决所有冲突,我们只能减少条约的冲突而不能消除所有冲突。     

Defining Success in Negotiation and Other Dispute Resolution Training

This article describes three types of negotiation courses and asks what range of goals is usually achieved in such courses from the overlapping perspectives of organizers, teachers, and participants. It then translates Benjamin Bloom's categories of educational goals into aspirational goals for any negotiation course.     

Online Dispute Resolution: Do You Know Where Your Children Are?

Negotiation Journal - Will we ever see the day when the Internet serves as the primary venue for problem solving and dispute resolution? Social science research suggests that our online...     

Teaching Negotiation and Dispute Resolution in Colleges of Business: The State of the Practice

Tracing the history of how the study of dispute resolution came into the mainstream of behavioral science courses in business schools, the author gives a positive assessment of the appropriateness of the content and pedagogy of negotiation courses currently taught in business schools for the challenges of the next decade. He proceeds to make recommendations for improving the definition and acquisition of negotiation skills.     

Sovereignty,Bargaining, and the International Regulation of Foreign Direct Investment

While developing countries have undergone a remarkable transformation in their attitudes toward foreign direct investment (FDI) during the past decade, they still resist the establishment of a multilateral regime governing FDI. This is puzzling, first, because these states are liberalising their policies anyway, and second, because a multilateral regime offers several advantages over the patchwork of unilateral and bilateral arrangements that currently exist (for instance, by contributing to increasing FDI flows). What explains this paradoxical attitude? This paper critically examines a number of potential explanations. Concerns about losing sovereignty, lack of knowledge about the costs of FDI restrictions, or lingering suspicions of multinational corporations may play some role, but cannot account for unilateral and bilateral liberalisation. Another approach highlights the role of domestic groups in supporting or opposing a multilateral agreement. Yet the pattern of variation among the attitudes of developing countries casts doubt on this explanation as well. Finally, the paper puts forth an argument that focuses on how bargaining power affects the trade-off between economic gains and the loss of sovereignty. The host state's perceived attractiveness to multinational investors conditions whether or not the government resolves this trade-off in favour of supporting a multilateral regime.     

中美双边投资协定谈判中的冲突与趋同

本文认为,历时八年的中美双边投资协定谈判(BIT)之所以未能在奥巴马总统任期内完成,主要是因为双方在核心利益诉求上存在的冲突。这种冲突主要集中在国有企业、投资者和东道国争端解决机制、知识产权保护及劳工和环保等四个条款。这种冲突体现了两国在规则制定上的分歧。而导致这种冲突的主要原因,则包括不同的制度性因素、对国家安全因素的考量、全球经济格局中的大国竞争以及国际经济规则重塑中的规则之争。基于目前中美两国之间紧密的经济相互依赖关系,特别是中美双边投资拥有巨大的增长空间,中美BIT谈判具备了从冲突走向趋同的基础。在走向趋同的过程中,中国应该重视对美方的要价及其政策决策过程的分析、双方都应该妥善对待国家安全审查这一问题、坚持以共同但有区别这一理念制定BIT规则以及积极推进中美新型大国关系的构建。     

A Crisis of Empire: The Anglo-Ottoman Dispute Over the Aden Frontier, 1901-1905

The crises which accompanied the rise and decline of the European empires have not been the object of systematic study in the manner of superpower crises of the Cold War period. Many of the techniques used to study Cold War crises have broader scope, including the models of governmental politics and organisational process developed by Graham Allison. The application of the Allison models to the events surrounding the delimitation of the Aden frontier between 1901 and 1905 illuminates significant aspects of the Anglo-Ottoman confrontation: they explain the manner in which non-rational elements in the policy-making process transformed a relatively insignificant issue into a crisis situation. Such insights also require a detailed examination of the documentary record which in this instance reveals the discord amongst British policy-makers and the organisational imperfections of the bureaucracy. The frontier Commissioners, the Aden Resident, the Government of India, the metropolitan government in London and the embassy in Constantinople were involved in a series of factional squabbles over the Aden frontier, the resolution of which often required the coercion of the Ottomans by the deployment of warships along the Yemen coast. Coordination amongst these different elements in the bureaucracy also played a role in generating tensions between London and Constantinople. The case of the Anglo-Ottoman dispute over the Aden frontier suggests that the analysis of internal governmental politics and organisational processes can be applied successfully to crises of empire which predate the Cold War era.     

我国与东盟国家双边投资保护制度分析

2002年11月4日，中国与东盟国家在柬埔寨首都金边正式签署了《中国-东盟全面经济合作框架协议》，确定了中国-东盟自由贸易区经济合作与交流的基本框架。这标志着中国-东盟自由贸易区（简称为CAFTA）进程的正式启动，在中国与东盟的关系史上树立了一个新的里程碑，中国与东盟的经济合作进入了全面发展的历史新阶段。尤其是2004年中国-东盟自由贸易区建设启动以降低关税为核心的早期收获计划以来，     

Demanding the Impossible: War,Bargaining, and Honor

This article shows that honor concerns can influence war initiation and termination decisions. When bargaining implicates status or commitments to in-group members, moral nationalists may experience dishonor—and with it emotions like shame and humiliation—when they have to make concessions. These honor costs are different from other costs because they can sometimes be vindicated through costly action. Including these costs in a basic, complete information bargaining model demonstrates that honor concerns can give rise to a “fight, then agree” equilibrium. These influences of honor on war initiation and termination are illustrated with case studies of British decisions in the 1982 Falklands War and French decisions during the 1940 invasion of France.     

Provisions for Noncompliance and Treaty Value: A Game Theoretic Perspective

We present a game theoretic analysis of the prevention of noncompliance that deals with treaty violations whether they are intentional or not. Game theorists have developed probabilistic trigger schemes to handle such situations. We analyze dispute resolution procedures in subgame perfect trigger terms and suggest alternative designs for the handling of signatory breach. This paper shows that designs can be compared directly by evaluating their ability to keep signatories close to the cooperative goal in the long run. This criterion enables us to highlight the merits of generosity and redress for dispute resolution. Generosity avoids retaliation with certainty so that parties can settle before any retaliatory action is implemented. But if retaliation does come to pass, it is the cost to the victim of punishing the perpetrator that determines a design's value. Using a simple repeated prisoner's dilemma framework we find that, in most circumstances, a subgame perfect design that adds concern for the injured party's redress to the generosity built into a probabilistic trigger scheme yields better treaty value.     

Deception and Mutual Gains Bargaining: Are They Mutually Exclusive?

Conclusion We have made great strides in recent years teaching more people — in classrooms, corporate training sessions, and actual negotiations — about negotiations, including how to be more ethical and how to ensure that integrative joint gains are not left on the table. The fact that we even need to write an article like this is an indication of the advances that have been made.Yet exactly because of these advances, more care needs to be taken to ensure that the subtle distinction between what is ethical and what is integrative is maintained. Being ethical in negotiations is more complicated than producing greater joint utility, and the techniques that are helpful for producing greater joint utility should not be made more complicated by the addition of ethical concerns. Each issue — ethics and mutual gains bargaining — can stand on its own, and benefits by being considered on its own. By maintaining this distinction, we believe each will have greater clarity and greater impact, and our teaching and training will be both better received and more valuable to those we teach.     

Immovable Positions: Public Acknowledgment and Bargaining in Military Basing Negotiations

Why might public acknowledgment of cooperative security negotiations generate bargaining constraints that provoke stalemate? Previous scholarship points to aroused public opinion. Yet in many cases where hard-line bargaining stances develop and talks collapse following public acknowledgment, it is not domestic political pressures that tie leaders’ hands. This article examines instead an international constraint attendant to publicity: opposition by third-party states. I argue that international power position shapes the balance of vulnerability between the negotiating parties to abandonment and entanglement. The act of official acknowledgment can constrain the more vulnerable partner by enabling third-party states to credibly scrutinize its intentions. By threatening strained relations, such scrutiny can create a security dilemma that reduces the weaker partner's bargaining range to a choice between cooperation on its terms and noncooperation. I evaluate this argument by studying foreign military basing negotiations. Statistical analyses and a comparative case study produce strong support for my argument.     

俄乌天然气争端的起因及影响

2009年初,俄罗斯与乌克兰之间的天然气争端硝烟再起,并再次发生断气事件,致使严重依赖俄天然气供应的欧洲18个国家不同程度地受到影响.经过艰苦谈判,欧盟、俄罗斯、乌克兰三方在1月12日签署天然气过境供应监测协议,俄乌两国并于1月19日签署2009-2019年天然气购销合同,1月20日俄罗斯正式恢复经乌克兰管道向欧洲供应天然气.由于诱发双方纷争的根源依然存在,俄乌矛盾不会因一纸协议彻底解决,两国围绕能源问题的博弈将成为常态.     

Culture and Negotiation: The Pedagogical Dispute Regarding Cross-Cultural Simulations

This article examines one especially challenging aspect of active-learning international studies courses—the use of cross-cultural simulations. What is the significance of culture for negotiation? What difficulties might cross-cultural negotiations pose, and how might negotiators work with cultural differences to achieve successful outcomes? Is it possible to model the effects of cultures on negotiators in a classroom role-play? What are the advantages to using cross-cultural simulations, and what difficulties do they entail? How might an instructor make best use of materials that focus on cultural issues and their effect on negotiation? When teaching students of different cultures by active-learning methods, what ought an instructor to bear in mind? What cross-cultural simulations are available, and what readings might be assigned to accompany them?