37. International negotiations

31 Jul

International negotiations

1. In the area of diplomatic relations, negotiation can be defined as the discussions between representatives accredited two or more States to achieve specific objectives. Obviously, negotiations in this environment should have the political will and essential premise of the parties to negotiate and reach a satisfactory outcome.

2. Negotiations are the primary means to prevent or resolve conflict situations or controversial issues. They can also be used to conclude international commitments, to establish international standards, to increase political understanding and economic, legal, social ties between governments, and to strengthen their friendly relations. As an essential tool of diplomacy, negotiations facilitate the reaching of a satisfactory outcome through the reconciliation of interests.

3. Bilateral negotiation is intended to create or modify an action or omission by the other party, or seeking to uphold a viewpoint which may materialise after the signing of an international legal instrument.

4. Multilateral negotiation takes place in various forums and meetings and are made at the request of the parties. The Vienna Convention on Representation of States in their Relations with International Organizations of a Universal Character regulates this issue. Its preamble recognises the importance of multilateral diplomacy and its contribution to promoting friendship and cooperation between States, whatever their political, economic and social standing.

5. The diplomatic negotiator in any way must apply the necessary firmness in defending the interests of his State, but it must always be carried out with the tact and diplomatic courtesy when doing so.  What tends to ensure the effectiveness of efforts in this area, in addition to constant and scrupulous respect of the complex rules that govern the development of relations between members of an international community, is the extensive knowledge of international affairs along with the appropriate expertise in this specific matter being negotiated. This allows effective management, with the skill and efficiency required of the principles, rules and procedures governing the exercise.

6. Negotiation, no doubt, is the quintessential diplomatic activity that aims to bring the positions of the various subjects of international law involved in the process. In that sense, the basics for successful negotiations include the following:

a) Have a detailed knowledge of the problem and the State’s position, which enables the negotiator to identify the strengths and weaknesses;

 b) Evaluate with the utmost rigour and objectivity the position of the other party and find points of coincidence, the positions of intransigence and possible points of concession

c) Develop a plan for development of negotiation, in addition to the exposure of the State’s position and the arguments of the other party;

d) Maintain a continued exchange of information with the Foreign Ministry to clarify, update, and redirecting the instructions and note any misunderstanding or error;

e) Demonstrate knowledge, accuracy, confidence and political support of the government.

7. International negotiations have become one of the procedures that has aroused much interest. This is due to the importance of the issues that have recently been subject to processes of this nature. In the economic sphere, international negotiations have gained unprecedented importance, especially in the case of countries that have given high priority to achieving their development objectives and economic growth, and consequently their economic linkages with the outside, for which negotiation is an irreplaceable instrument.

© by Odeen Ishmael

 

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