Interstate negotiations Role definition structure stage The

Interstate negotiations Role, definition, structure, stage

The role of negotiations: • Under article 33 of Chapter VI of the UN Charter: «the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, try to resolve the dispute by negotiation. . . , mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice» . • In all agreements on the peaceful settlement of international disputes – negotiations are the most important tool of achievement of the purpose. 2

The role of negotiations: • 1) international negotiations represent the main form of interaction between States seeking to decrease the role of the military factor; • 2) the object of negotiations become a new area of international cooperation (conventional armaments, ecology, scientific and technical cooperation); • 3) increasing the negotiating role of international organizations; 3

The role of negotiations: • 4) in the negotiations involved the experts who do not have diplomatic experience, but have the competence in the field of complex scientific-technical and economic problems, which is necessary for the analysis of the new spheres of cooperation between the States; • 5) there is a need to improve the management process of negotiations: 4

Improvement of the process of negotiations: • Selection of the most important problems for the top state leadership; • Determination of the spheres of competence of the various levels; • Development of the system of delegated responsibility • Improving the information-analytical activity of diplomatic institutions. 5

The role of negotiations: • The management of international conflict-that in the course of the talks is the activity of the subjects of the policy for preventing or resolving differences which have arisen, • - or their harmonization for the efficient achievement of the purposes of the current political process. 6

The dictionary of Dalia: • There is- «talk» to speak again the same, repeat once more what already was said, . . . who scatter words, hush up the chatter, the man of few words. With anyone about anything, talk about the case, the conditions for something to explain, to agree. . . • Negotiating the language of the ambassadors of all the French. The case is under the consideration, • it is settled. 7

International law: • Negotiations international - one of the main forms of contact between representatives of the different States in order to exchange views and to reach the solution of the issues of mutual interest, • settlement of differences, development of cooperation in various areas of elaboration and conclusion of international agreements. 8

The dictionary of Ushakov: «Exchanges» can be made during: state visits, scientific discussions, any international thematic conferences, seminars, round tables, joint meetings of the parliamentary delegations of different countries, • just business contacts. • • 9

Opinion of Cross: • Negotiations are: • 1) «charade» , in which each of the participants seeks to unravel the often almost certain situation and the decision and the actors; • 2) «art» , which consists, in particular, in the dexterity of the establishment of such relations with a partner, where the negotiations are likely to be a marker of the beginning than the end; • 3) «trade» in the allocation of resources; • 4) «learning process» and consistent training. 10

Determination of the negotiations: • «inter-state negotiations» - this is the process of overcoming the positional differences of States as subjects of international relations under a voluntary or involuntary harmonization of international legal agreements, • associated with: 11

associated with: • the need to identify the true intentions of the parties and • subsequent attainment of maximum favorable results, • meeting of the national security and national interests of the participants in the political, military, • economic and other areas. 12

The stage of ripening: • «The stages of ripening - вызревания of the intergovernmental negotiations» - there are time periods, reflecting the different degree of readiness of the subjects of the international relations to participate in the «international negotiations» depending on the nature and phase of the development of the conflict situation. 13

The stages of negotiations: • «Stage of latent uncertainty» - is a correlation with the latent phase of development of the conflict, when the subjects of international relations have some uncertain or not fully formed ideas in part of satisfying its national interests and did not find effective ways of their resolution. 14

The stages of negotiations: • «Stage of critical engagement» - reflects the correlation with the phase of open conflict, when the subjects of international relations is not only perfectly understand the purpose of protecting their national interests, but also to stand in the way of their unconditional achievement until the use of armed force. 15

The stages of negotiations: • • «Stage of a pending dispute» - is a correlation with the stage of the conflict «pressure without the use of force» , when anyone of the subjects of international relations, seeing the impossibility at this stage for the full support of their national interests, consciously goes to the transfer of «excessive demands» for an indefinite time, with the preservation of aspirations on their satisfaction. 16

The stages of negotiations: • «The stage of awareness of the dangers of the use of military force» - has a correlation with the increase of tension as a result of the arms race or the invention of this type of weapons, the use of which by one or several subjects of international relations can lead to serious consequences up to irreparable human or material damage. 17

The stages of negotiations: • «The stage of inter-state negotiations» - is the final component of the attempted settlement of the international conflicts with the view of the knowledge of the conflicting parties of the best ways to overcome existing misunderstandings only with the help of the joint peace efforts. 18

The stages of negotiations: • «The stage of implementation and control of the achieved agreements» - starts even before the entry of the agreements in force (each side tries to understand the ability of another to implement the agreement) and aims at compliance with the agreements from the point of view of their proper implementation, including monitoring for the procedures of ratification signed by the heads of state contracts. 19

The stages of negotiations: • With the positive development of intergovernmental multilateral negotiation processes – stages of negotiations which should be considered sufficient are: • - «Latent stage of uncertainty» , • - «The stage of inter-state negotiations» , • «The stage of implementation and control of the achieved agreements» . • The other types in the form: «the Stage of critical engagement» , «the Stage of a pending dispute» and «the Stage of awareness of the dangers of the use of military force» - are optional and may not be considered mandatory for all negotiations. 20