合资企业如何有效开展集体协商工作——一个成功案例的启示

合资企业由于工会相对弱势和外方在企业管理上的强势,往往造成在合资企业推动集体协商工作比较困难。也有一些合资企业由于确定了比较现实明确的目标,充分团结了企业员工,选择了适当的时机,做了充分的数据资料收集准备工作,在合资企业内有效地开展了集体协商,并取得很好的效果,他们的有益经验非常值得其他合资企业借鉴和学习。     

The Effect of Advice on Negotiations: How Advisors Influence What Negotiators Do

Studies of negotiations often overlook, or at least do not fully account for, the important role played by people who advise negotiators. Often deliberately hidden from view, advisors have important but unrecognized influence on the negotiation dynamic. In this article, I explore the roles and methods of advisors in the negotiation process, drawing on role theory and survey research conducted in 2013 among approximately seventy advisors at the European Union Council of Ministers. I define advice as “a communication from one person (the advisor) to another (the client) for the purpose of helping that second person determine a course of action for solving a particular problem” and consider the nature of this advice and the range of relationships that may exist between advisors and their clients. Advising is much more than the mere transmittal of information from advisor to negotiator and that for advice to be effective a relationship must exist between the two parties. I then identify three models of the advisor–negotiator relationship. The first is the advisor as director, wherein the advisor tends to take control of the negotiating process, directing the negotiator toward actions that she or he should take to achieve success at the negotiation. The second is the advisor as servant, in which the advisor merely responds to the demands of the client for help and guidance in the negotiation. And the third is the advisor as partner, wherein advisor and negotiator jointly manage the process and solve the problem together. Finally, I explore the factors that lead advisors and negotiators to adopt each of these three models, the various advising styles that advisors use, and the differing effects on the negotiation process that these elements may have, drawing on historical examples as well as survey data from the EU Council of Ministers.     

Trading Refugees for Land and Symbols: The Palestinian Negotiation Strategy in the Oslo Process

This article analyses the negotiation strategy of the PalestineLiberation Organization regarding the refugee issue in the failedIsraeli–Palestinian peace process from 1993 to 2001. Itis argued that the PLO was on the brink of conceding the ‘rightof return’ for the sake of territorial concessions fromIsrael. The author discusses the implications of this strategyfor the domestic legitimacy of the Palestinian leadership, asgiving up the right of return would violate a core tenet inPalestinian national mythology. The PLO negotiators tried tosolve that dilemma by, first, separating the principle of returnfrom its implementation—making it possible for the PLOto remain committed to the principle, while offering compromiseson physical return—and, second, by demanding symbolicgestures from Israel, including acknowledgment of Israel's historicresponsibility for the refugee problem. It is argued that Israel'srefusal to offer a minimum of face-saving gestures preventedthe PLO from formalizing its compromise proposal.     

Precedents in Negotiated Decisions: Korea–Australia Free Trade Agreement Negotiations

Initial random acts can be replicated and evolve into precedents, but precedents can also be built with strategic intent. Regardless of their origin, strategically applying a particular precedent or effectively refuting the relevance of a precedent can help a negotiator control decisions and achieve interdependent goals. The purposeful use of precedents has received little attention in the negotiation literature, even though using precedents can be a powerful negotiating tactic. In this study, we examine how past decisions became precedents that helped establish the Korea–Australia Free Trade Agreement of 2014 (KAFTA). We further consider how precedents established through KAFTA later influenced trade negotiations with Canada, China, India, and Japan. Following an extensive literature review and field research, we developed a two‐dimensional matrix (precedent ownership and negotiator goals) to help guide negotiators both offensively (what I want from you) and defensively (what I don't want to give you). We conclude by proposing research to enhance our understanding of temporal issues in negotiation. No previous study within the negotiation literature has examined precedents empirically.     

Women’s Participation in Peace Negotiations and the Durability of Peace

There is an emerging consensus that women’s participation in peace negotiations contributes to the quality and durability of peace after civil war. However, to date, this proposition has remained empirically untested. Moreover, how women’s participation may contribute to durable peace has not been systematically explored. This article uses a mixed method design to examine this proposition. Our statistical analysis demonstrates a robust correlation between peace agreements signed by female delegates and durable peace. We further find that agreements signed by women show a significantly higher number of peace agreement provisions aimed at political reform, and higher implementation rates for provisions. We argue that linkages between women signatories and women civil society groups explain the observed positive impact of women’s direct participation in peace negotiations. Collaboration and knowledge building among diverse women groups contributes to better content of peace agreements and higher implementation rates of agreement provisions. We substantiate this argument with qualitative case study evidence and demonstrate how collaboration between female delegates and women civil society groups positively impacts peace processes. Our findings support the assumption that women’s participation in peace negotiations increases the durability and the quality of peace.     

Precontractual Duties of Disclosure: A Comparative and Economic Perspective

If during precontractual negotiations a person deliberately keeps quiet about facts which he knew or should have known were of particular importance to the other party that party may avoid the contract on the ground of deceit if, and only if, a duty of disclosure can be found to exist. What are the conditions that must be satisfied to assume the existence of such a duty of disclosure? The European legal systems merely offer vague formulas with little or no operational power. Can economic theory provide more precise criteria? The general principle should be that a negotiating party must proffer information in his possession which is material to the other party's decision. However, economic analysis suggests that a party should be allowed to withhold material information if the information is “productive” and was costly to obtain unless its acquisition and disclosure were owed under a contract for value. These rules are discussed in the light of a number of cases from various European jurisdictions.     

China in Africa: A relationship of (Un)equals in the developing world

The unveiling of the new Southern African Customs Union (SACU) Agreement in 2002 inaugurated new democratic institutional structures for SACU. The revised SACU Agreement provides for accession by new members. Although not new, the idea of expanding SACU has gained currency in recent years. It has been suggested that enlarging SACU could overcome the ‘spaghetti bowl’ problem of overlapping regional membership of the Southern African Development Community (SADC) countries. In spite of its allure, however, enlarging SACU membership is likely to run into difficulties as negotiations about the common revenue pool and the common external tariff become bogged down by attempts to accommodate the needs and interests of countries at different levels of development. It would also spark debate about how the revenue-sharing formula should be restructured and extended to new members. Moreover, whether SACU can act as a driver of regional integration will depend on the extent to which South Africa, the regional power, can translate its hegemonic position into a leadership role.     

反劫持谈判的策略选择与方法运用

在反劫持谈判过程中,劫持者的心理活动呈现出一定规律性。谈判者应把握劫持者在谈判各个阶段的心理活动规律与特点。在此基础上,灵活地选择谈判策略、有针对性地运用谈判方法与对话技巧,从而取得谈判的主动。     

两岸政治谈判的条件及努力方向

伴随着两岸交往不断增加,其所衍生出来的问题也日渐增多.在适当的时机、合适的地点开启和加强两岸政治谈判刻不容缓.笔者认为两岸要进行政治谈判,必须具备一定的条件,基于实现两岸交往的不足,两岸应该以民族大义为重,捐弃前嫌,携手共创两岸政治谈判的有利条件与营造和谐氛围.惟此,两岸政治谈判才可能顺利有序展开.