人质劫持谈判方略初探

人质劫持谈判是解决人质劫持危机较好的方法。它可以零伤亡为代价 ,不战而屈人之兵解救人质 ,亦可以为武力解救人质创造条件。人质劫持谈判的准备要知己知彼 ,方能百战不殆。人质谈判由三个阶段组成 ,即建立感情阶段、提出条件阶段和相持阶段 ,每个阶段谈判的技巧有所不同。     

Beyond contestation: conceptualizing negotiation in democracy promotion

ABSTRACT

This article presents an analytical framework that guides the contributions to this special issue and, in general terms, aims at enabling a systematic investigation of processes of negotiation in the international promotion of democracy. It first briefly introduces the rationale for studying democracy promotion negotiation, offers a definition, and locates the general approach within the academic literature, bringing together different strands of research, namely studies of negotiation in international relations as well as research on democratization and democracy promotion. The larger part of the article then discusses key concepts, analytical distinctions and theoretical propositions along the lines of the three research questions that are identified in the introduction to this special issue. More specifically, the article (1) offers a typology that facilitates a systematic empirical analysis of the issues that are discussed in democracy promotion negotiations; (2) takes initial steps towards a causal theory of democracy promotion negotiation by identifying and discussing a set of parameters that can be expected to shape such negotiations; and (3) introduces key distinctions and dimensions that help guide empirical research on the output and outcome of negotiations in democracy promotion.     

缓解劳资冲突的协商机制研究 —— 以浙江温岭羊毛衫行业为例

劳动关系是最重要的社会关系之一,因其涉及经济、社会、法律等多个层面,一旦处理不好,就会引起连锁反应。改革开放以来,随着我国市场经济体制的不断完善,劳动关系也随之发生了重大变化,最引人注目的变化就是由劳资矛盾引发的群体性事件不断增加。不同于西方集体谈判制度的企业与工会两方博弈,中国具有显著的三方博弈特征,政府在劳资冲突中应当起着主导作用。浙江温岭新河镇羊毛衫行业的实践也证明,在建立缓解劳资冲突的协商机制过程中,政府参与至关重要,政府的组织协调和监督实施,保证了工资协商机制的顺利运转,为缓解劳资矛盾和促进社会和谐稳定提供了重要保障。     

Is the Sum Greater than the Parts? The Terms of Civil War Peace Agreements and the Commitment Problem Revisited

The dominant theoretical approaches to civil war negotiations in the field of political science have sought to explain both the scarcity and high failure rates of negotiated agreements in civil conflicts. This historical pattern, however, has fundamentally changed in the last two decades as changes in international norms and laws, as well as the increased prevalence and competence of peacebuilding professionals, now require conflict actors to have a greater commitment toward negotiations and the enforcement of agreements. While actors in interstate wars seek to avoid accountability, civil war actors seem to embrace the opportunities that these new dynamics create to achieve broad‐based reforms across numerous areas of policy and government. The result, we suggest, is that stakeholders evaluate agreements based on their potential to accomplish an array of sociopolitical objectives. In addition, for strategic and practical reasons, they perceive that those agreements that include more reforms across multiple policy sectors will have the greatest potential. Our examination of nearly two hundred agreements found evidence that the peacemaking potential of a negotiated agreement between civil war adversaries is greatly enhanced when reforms are pursued across many different policy domains. Conversely, our analysis suggests that the greater the number of policy areas left untouched by a peace agreement, the more likely the stakeholders will be to follow that agreement with additional negotiations to enhance that agreement, or, alternatively, the more likely that violence will resume.     

From Aristotle to Sadat: A Short Strategic Persuasion Framework for Negotiators

Persuasion is undoubtedly a critical negotiation skill. But while the literature has examined its role in negotiation, few, if any, scholars or practitioners have offered a clear strategic framework for putting persuasion into negotiation practice. The ethos, pathos, and logos modes of persuasion elucidated by Aristotle in the fourth century B.C.E. provide a clear, understandable, and easy‐to‐apply framework that students and trainees can use to prepare for negotiation, to deploy during the negotiation process, and to conduct debriefings following a negotiation. In this article, I describe how to apply this Aristotelian framework and explain an additional dimension of persuasion in negotiation that I believe is also critical: timing. Through the real‐world example of Anwar Sadat and his trip to Jerusalem, I demonstrate how this framework has worked in practice.     

Using Devising Seminars to Advance Collaborative Problem Solving in Complicated Public Policy Disputes

In many public policy situations, formal negotiations and collective problem solving are inhibited by a lack of good ideas that can get the buy‐in and support of all involved stakeholders. We suggest that devising seminars provide a promising approach for helping to overcome this barrier. A devising seminar is an off‐the‐record, facilitated workshop that brings together representatives of core stakeholding interest groups to brainstorm mutually advantageous approaches to address collective challenges. In this article, we explain what devising seminars are, how they work, and how they can help with complex public policy disputes. We illustrate through the case of the Devising Seminar on Arctic Fisheries and conclude with lessons learned from that experience.     

Analyzing Complex Negotiations

Complex negotiations have been conducted for a long time, although until somewhat recently analysts had yet to conceptualize their fundamental nature, their essential elements, and the relationship between these elements. Over the past forty years, however, scholars have gained increasing understanding of the forces that shape negotiation complexity. In this article, I first review literature that has explored complex negotiations, which is found primarily in negotiation studies, and studies of international negotiation. I then develop a five‐part theoretical framework for analyzing complex negotiations: (1) identification of negotiation architecture, (2) context analysis, (3) process analysis, (4) structural and relational analysis, and (5) decisional analysis. I then demonstrate the utility of this five‐part framework by examining the U.S.–Australia Free Trade negotiations that produced the Australia–U.S. Free Trade Agreement of 2005. Finally, the article closes with some observations on complex negotiations and their analysis.     

GATS框架下自然人流动的法律界定及缺陷分析

自然人流动是GATS规定的提供服务的一种模式,发展中国家在此领域具有天生明显的比较优势。本文在简要回顾了乌拉圭回合的自然人流动谈判历史的基础上,详细分析了GATS框架下自然人流动的法律界定问题及其缺陷。     

论建立我国刑事协商制度之必要性

面对刑事案件数量不断增长和司法资源有限的矛盾日益突出的形势，“正当程序的简易化”己成为一种不可逆转的全球性的发展趋势，对简易程序的理解也已不限于传统的意义，还扩展到一切不经过正式审判程序处理案件的方式。本文在对中国司法现状进行现实分析的基础上，提出创设具有中国特色的刑事协商制度这种案件处理方式之必要性，以期使刑事诉讼制度的安排——兼顾程序的正义与经济，充分肯定程序的效率，追求更加务实。     

A Temporal Model of Negotiation Linkage Dynamics

This article explores negotiation linkage dynamics (how one negotiation influences or determines the process or outcome of another) by examining three bilateral trade treaty negotiations conducted by the governments of Australia, Singapore, and the U.S. from 2000 to 2004. After developing a temporal framework of negotiation linkage, the study examines how one negotiation can influence another negotiation when time is treated as an independent variable and negotiation process and outcome are treated as dependent variables. The study's findings can be used to help negotiation scholars and practitioners strategically manage the opportunities and challenges inherent in negotiation linkage dynamics. The study concludes with a proposed research agenda and a temporal enhancement of the negotiation paradigm.