CHAPTER III: PROCESS AND CONTEXT

CHAPTER III: PROCESS AND CONTEXT

1. BOUNDARIES IN BARGAINING

   • Boundaries in Bargaining
     • Boundaries help to clarify a concept or object by marking its limitations.
       • six boundaries:
         • 1. Geographic: borders between states and state entities, the issue of sovereignty
         • 2. Systemic: the strength of states and international organizations
         • 3. Needs: the role of interests and positions
         • 4. Resources: the capacity of people and their tools
         • 5. Regulators: the significance of rules and regulations, norms and values
         • 6. Time: short-term versus long-term perspectives and projections.
   • Geography: Bargaining Borders
     • Geographical borders were negotiated in the two classical ways to solve a bargaining problem: compromise, or compensation
       • Compromise in the sense of a negotiation focusing on the border and trying to change its course will be called micro-border-bargaining here (in the sense that diplomats focused on the border and bargained its change).
         • Macro-border-bargaining would be the swapping of whole territories and people from one ruler to another, compensating for the loss of one territory by gaining another
   • Systems as Boundaries in Bargaining Processes
     • The structure and dependencies of the international system create obstacles and opportunities in bargaining across borders.
       • Intergovernmental and non-governmental organizations, states as well as regions, political parties and private sector companies will limit and enhance the opportunity for successful negotiation processes.
   • Needs: the role of interests and positions
     • Parties take positions connected to their needs.
       • These positions will normally be more radical than the interests that they have to defend.
   • Resources: Human, Immaterial and Material
     • Procedures are important boundaries in inter-state bargaining, regulating the behaviour of the parties in such a way that the processes might be successful.
       • Diplomatic norms and values regulate negotiation behaviour in order to overcome cultural and other differences and to create opportunities for effective flow.
   • Regulators: Law, Procedures, and Diplomatic Norms and Values
     • Rules and regulations can also be both obstacles and facilitators of effective bargaining.
       • Diplomatic norms and values regulate Diplomatic norms in order to overcome cultural and other differences and to create opportunities for effective flow.

2. ORDER THROUGH ORGANIZATION

   • Regimes
     • Some see the development of regimes as a natural evolution of groups of countries trying to deal with their differences in a peaceful way
       • International organizations may be taken as formally structured international regimes that are recognizable as physical entities with head offices, staff and letterheads.
   • Regimes and Negotiations
     • There is a rich variety of regimes. Spector distinguishes three kinds of national, and three kinds of international regime negotiations. On the national level, he identifies
       • (1) acceptance/ratification negotiations
       • As for international regime negotiations e classifies:
         • (1) regime formation negotiations
         • (2) regime governance negotiations
         • (3) regime adjustment negotiations
       • (3) monitoring and reporting negotiations.
       • (2) rule-making negotiations and enforcement
   • Coping with Challenges
     • New international orders often come into being after man-made disasters
       • Negotiation processes within the regimes – a regime’s lifeblood, it has been said – are quite defenceless without their cover.

3. The role of six boundaries will be analyzed: geography; system; needs; resources; regulators; and time.

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