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NEGOTIATION PROCESS/. Conceptual bases of negotiation processes The negotiation, as a way of the settlement of various problems, arising between states, was always major tool of diplomacy. The French state figure, diplomat, cardinal Reshel'e wrote that "the states take a lot of advantage from constant negotiations with other states in case it is conducted in balance... for the benefit of the state. It is necessary incessantly to negotiate openly or confidentially, and everywhere, even then, when from it is not expected of immediate advantage, and most likely there, where the future result can not be foreseen yet." On the other hand, the necessity of the international negotiation is dictated by the appearance of disputed situations. One of means of the solution of conflicts is a negotiation. The negotiation can bring in result, if there is a common interest. In absence last, the negotiation loses any sense. There is a close connection between negotiation and diplomacy. TOO
At present negotiation processes in the world have accepted continuous character, Practically each day in the world the next sessions of international organizations are convoked or the meetings of the state figures of the various countries pass, with participation of the heads of states and governments. As you have already known, the negotiation of ambassadors with the government of the accredited country is one of functions of diplomatic representations. Here pertinently to mention the statement of the ancient Greek philosopher Dernosfen about that Ambassadors have no at their order neither battle ships, nor fortresses, their weapon is the word and having missed favorable opportunities Ambassadors may lose authority on events. If the negotiation is carried out on some special matters at a state level of multilateral character, they refer to as meetings or conferences. Both these terms are equal. For example, the official Russian text of the final act of the Meeting on security and co-operation in Europe in English, Spanish, Italian, German and French languages is called as the final act of a conference. In the past, if reigning personalities participated in negotiation, it was named as congress. Examples of this can served well known to you the Vienna congress, 1815, the Ahen congress, 1818, the Parisian congress, 1856 etc. 2, Planning, preparation of negotiation In some cases negotiation can be caused by any events in the international life, necessity of the settlement of disputes or decision of other concrete issues, arising between states. The initiative in realization of such negotiation can be shown on the part of one or several states. This is observed obligatory conditions at which to participation in negotiation all interested states are invited. The degree of their participation can be various. This participation can be continuous at discussion of all items of an agenda, or partial, i.e. at discussion only of the question, which to some extent mentions the participant of negotiation. This condition follows from the conventional principle of
In each separate state the right in the offer to call the international conference belong to the bodies of external relations - head of a state, head of a government, minister of foreign affairs, also diplomatic workers, specially representatives in display of the initiative of convocation by the government. The initiative of the convocation of international conferences can be shown by session bodies of the international organizations, such as the General Assembly, the Security Council etc. At convocation of session bodies of international organizations the questions on a circle of participants and the forms of participation are not raised. These questions are settled by the charter and the treaty of the appropriate international organizations. The arrangement on the realization of negotiation requires the coordination of the agenda. The coordination of the agenda is carried out by diplomatic channels or the advisory meetings for consideration of points order are convoked. At the coordination of the agenda it is necessary to remember that the questions following from the interstate relations should enter into it or those international problems, which mention their interests. The inclusion in the agenda the questions of internal competence of the state is inadmissible. It contradicts a major principle of international law - principle of non-interference in internal affairs of the state. At development of the agenda of the international conferences the interested countries always take into account prospects of the possible decision of the questions, which have been brought in the agenda. The agenda is affirmed usually at the first officially opening session. At the first session the Secretary-General of a negotiation, structure of an editorial commission, order of statements and voting, the official languages of documents, the form of messages for press and contacts to it and other points of order are affirmed. The order of voting, also the problems on closed or open session of conferences are solved. The decision of all questions connected to maintenance of the normal work of a conference concerns functions of the Secretary-General. A major task is the work with the documentation of negotiation, its exact
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The creation of the uniform standard order of preparation and realization of the international conferences has not crowned by success. Each time the participants of the international meetings establish the rules of procedure, rules. For realization of negotiation each state determines the structure of a delegation and nominates its head. The structure of a delegation can include the advisers, experts and other employees. Besides that, each delegation creates its secretariat, under which there is the control of all materials, which carefully were prepared for negotiation (official documents, information, file of statements of the official figures of the country and also those countries, which delegations take part in a negotiation). Memorandums, the projects of international agreements, resolutions, and also programmed statements concern to the official documents assembled by the preparation for a conference. As far as the work of the secretariat of a delegation is important, such case testifies which took place at the meeting of ministers of foreign affairs of four powers: the USSR, the USA, Great Britain, France held in 1954. The delegations were accordingly headed by Molotov V.M., Dales D.F., Iden I. and Bido J.O. States bring three categories of documents on the consideration of a conference. The first category reflects the position of a state - participant on a wide circle of international questions. The second group of documents is the projects of various international agreements or treaties, which are represented to a conference for negotiating on their basis. The third kind of documents prepared for a conference, - the projects of resolutions. Each state, offering the project of a resolution, tries to achieve its acceptance. In some cases one kinder of documents for a conference - information on the fulfillment of international treaties and agreements are prepared. All preparatory work is coordinated by the ministry of foreign affairs. Taking into account the specificity of interests and approaches of various departments to problems, examined in a negotiation, the heads of Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
Other important step of the preparation of an international conference is the coordination of positions of states, the development of joint documents, information interchange, multilateral and bilateral meetings and consultations. There is also Secretary-General other form of consultations. Other important question is the choice of appropriate place for a negotiation. 3. Methodology of negotiation process At the first session of the international conference the chairman or the principle of chairmanship is defined and also the secretary and basic bodies of a conference, if an arrangement is not achieved in the preparatory committee. The technique of negotiating consists of three parts: discussion on agenda, the statement of a position and the acceptance of decisions. The question on that it can be or it cannot be included in an agenda is extremely important and also renders influence on all subsequent course of a negotiation. Discussion on agenda - it is not simple question. Thus, it is very important, as the separate items of the agenda are formulated. For example, whether the speech will go about "the further progress of detente "or" about further steps on the liquidation of intensity", whether there will be the subject of discussion "a termination of discrimination "or" liquidation of all obstacles to trade". Each pair includes identical complexes of questions, however this or that formulation to a certain extent already predetermines, about what and in what direction there will be negotiation. The negotiation begins with the first session of participants, when the person presiding opens it. Such right is given to the head of a delegation of the state, on which territory negotiation takes place. In other cases the question of presiding can be solved by the lot with the subsequent rotation under the alphabet or according to other arrangement. If the sessions are divided into evening and morning, accordingly its presiding varies. The character of a negotiation can be various. One thing, when at Generated by Foxit PDF Creator© Foxit Software http://www.foxitsoftware.com For evaluation only.
Other business, when at the negotiating tables the representatives of the opposite positions parties are sitting. In negotiation processes battles developed, at which to assume rapprochement of positions seems simply impossible. There are also other situations, when some participants bring in for discussion an original package of questions, where all of them are connected with each other, and in such a manner that the first question depends on the decision of the second, the last from the decision of the third. It, the third question cannot be solved without the decision of the first. To untie such package and to discuss each question separately requires the large patience, and mainly arts. From the party it can seem that negotiation came into impasse. In reality, all can take place in different way. The diplomatic protocol comes to an aid. During breaks between sessions the heads of delegations arrange breakfasts, dinners, suppers. The factor of co-operation and trust between the states has paramount meaning. The trust grows as the participants of a negotiation show readiness to understand the argument of other party, directly and frankly speak about the problems and difficulties of acceptance of this or that offer. The results of a negotiation depend on a set of the factors, namely, from a general background, on which it appears, from events, which unexpectedly can take place in the international life, from the relations between the state-participants at each stage of a negotiation, from the degree of readiness to reach an agreement and from many other factors. The basic quality of a diplomat the conducting of a negotiation, should be talent to negotiate and the conviction in correctness of that policy, in which realization he participates. Negotiation processes are rather consuming, long wearisome process, lasting months, even some years. As an example again it is possible to demonstrate Meeting on security and co-operation in Europe. To keep calmness, persistently to achieve progress is possible only in the case, when process of negotiation is not in burden, when the treat
The complexity and diversity of negotiation requires high competence. Usually experts of various directions participate in negotiation and the high competence is required from everyone. Especial role of the head of a delegation is responsible. Without good professional knowledge of a subject, examined in negotiation, successfully to supervise over a delegation to coordinate interests and sights of the experts is impossible. Sitting down negotiating table, it is necessary to recognize that the partner is not the opponent in dispute and he is not the opponent. Ft is necessary to aspire to, that each of their participants of a negotiation should realize that only mutually advantageous agreement could be strong and reliable. Since the first days of the dialogue it is necessary to carry out an open line, frankly and is argued to explain the position, unbiased concerns to a position of the partner. It is necessary to recognize his lawful interests, to emphasize attention on conterminous interests and rules. Finding the weak points in the argument of the partner to specify probable alternatives of the decision of a question. It is desirable to avoid the application of a type: "your position is not acceptable to me at all". Conditions of trust, frankness between the partners create favorable conditions for joint creative search of the decisions of difficult questions. As the Soviet diplomat Israelyan says that even within "the cold war" the honor relations with the partners helped to avoid public confrontation. In modern situation the large help is the modern engineering. By preparation for a conference with the help of the computer it is possible to analyse probable positions of the partners, to count various variants, on which there can be negotiation. Probably at any stages it is necessary to make new searches, but here is business already behind diplomats: everything depends on their ability and experience. The negotiation is finished by the acceptance of coordinated documents: joint statement, declaration, and communique'. After the termination of negotiation their participants carry out a press - conference. It can be hold in common or each delegation separately,
/. Bilateral negotiation Foreign policy department of the various countries create its representations abroad for the development of co-operation on a bilateral basis. Any bilateral co-operation is based on the mutual interest of parties. The bilateral negotiation is a traditional diplomatic activity. They are carried out at a level of the heads of states, the heads of governments, ministers of foreign affairs or specially authorised persons and delegations. As to the form of its realisation, it can pass as in oral form by representing of the personal meetings of participating persons, and in writing, by the exchange of messages, notes and other documents. Besides personal participation of the representatives of states at conferences and meetings, there is diplomatic practice, which began to affirm meetings of top-level and working visits, exchange of opinions, conversation "without ties" etc. Consultation occupies the special place among them, i.e. beforehand caused negotiation for discussions of those or other questions within the framework of the bilateral relations. Consultations allow in time to remove disagreements, arising between the parties, to develop coordinated positions. During the first official visit of the President of the Republic of Kazakhstan to America in May, 1992 Kazakhstan and the USA again had returned to the problem of the nuclear weapon. The negotiation with the American party passed in a very difficult atmosphere. The Kazakhstan part firmly hold its former position, "...at first the security from the part of the Great Powers should be guaranteed and then there is refusal of all nuclear arms, which are in the territory of the Republic". In 1993 the post of the US President was occupied by B. Clinton. The new administration again tried to sign the treaty on non-distribution of the nuclear weapon, nothing offering in exchange. Why young the Republic of Kazakhstan, only having appeared on global arena, as the new sovereign state, so strongly asserted its positions in bilateral negotiation? The reliance of the position of the Republic of
Both parties came to concept, that the discussion was not enough within the framework of bilateral negotiation for the decision of this important problem. The final decision of the main strategic task for Kazakhstan was achieved on multilateral negotiation at the level of the heads of states in 1994, only at the multilateral negotiation of the Budapest summit. (We'll talk about this summit in the section of multilateral negotiation a Jittle bit later more in detail). Bilateral negotiation occupies the major means in the activity of the foreign policy representations of the Republic of Kazakhstan in realisation of the foreign policy aims. The interstate negotiation always passes in political aspect. By preparation and realisation of international, interstate negotiation it is necessary to know the basic directions of the external policy of a country and its internal situation. It is necessary to approach to negotiation in other different ways, depending on that as far as the problems of other state are close to ours or they are in opposite. From here there are priority of directions in bilateral co-operation. As an example of the activity of the Embassy of the Republic of Kazakhstan to Hungary, we'll disassemble the negotiation process role in the establishment and development of Kazakhstan-Hungarian relations in the period of 1993-1995. The embassy of the Republic of Kazakhstan to Hungary was opened in September 1993, Hungary, as well as other post socialist countries of the Central and the Easi Europe represented big interest for Kazakhstan. It was necessary to study the saved experience in democratization process of the society and the creation of new democratic institutes, the transformation of an economy on market bases, interaction of tliree branches of an authority and also the interaction of slate structures with regional bodies of local self-management. Kazakhstan is interested in development of co-operation with Hungary for gradual integration in global community, for mutual support of the international initiatives in disarmament, the strengthening of
Hungary, trying to become a link between East and West, recognizing the leading rule of the country in East Europe region, is interested in the activation of relations with the CIS countries, first of all, with Russia, Ukraine, Kazakhstan. The purposes of bilateral negotiation between Kazakhstan and Hungary are caused by mutual interest in an establishment of strong connections between the countries. As a rule, the preparation of documents for bilateral negotiation always lays on the Republic of Kazakhstan embassies in the country of accreditation. Therefore in the Embassy of Kazakhstan to Hungary one of the basic directions of its activity was development of the concepts and the basic directions of co-operation in the field of policy, economy, science and engineering, information, culture, education, public health services and sports. Assembled and analyzed by the Embassy information materials gave an estimation to provide prospects of the development of bilateral relations in the field of strengthening of political and economic positions, trade-economic and scientific and technical co-operation of the Republic of Kazakhstan with the Hungarian Republic. Meetings and consultations within the framework of the bilateral relations with the Hungarian part on various questions, study of an internal and an external situations of Hungary had allowed in time to remove disagreements, arising between the parties, to develop the coordinated positions in approaching to various problems decisions, including even international character. The Embassy directed to the Center the prepared analytical materials on signing of the Treaty on bases of co-operation between RK and Hungary. The signing of such kind of documents is dated to the official visits of the heads of states or governments. During the first official visit of the President of the Republic of Kazakhstan Nazarbaev N.A. to Hungary on December 6-8, 1994 the friendly documents were signed;
- - The agreement between the Republic of Kazakhstan and the - The convention between the Republic of Kazakhstan and the These agreements had served as the starting point of the creation of legal base of the bilateral co-operation of Kazakhstan and Hungary. 2, Multilateral negotiation The multilateral negotiation became the norm of modern international life, interstate relations. In its turn they have caused to life the new system of institutes of new organisational forms -international organisations. As the Hungarian diplomat Nergesh f. determines that the international organisations "... are those frameworks, that arena, where the international relations are carried out, whether there is a speech about policy, military mutter, economy or culture '*. Now we'll consider the mechanism of the realisation of multilateral negotiation. Annual session of Organisation of Economic Co-operation (OEC) on planning at a level of the senior officials of the representatives of economic departments and ministries of foreign affairs of the member-countries passed on January 17-19,1993 in Teheran. Kazakhstan became the OEC member since November 1992. The basic direction of the activity of this organisation was the creation of conditions for continuous socio- economic development, gradual economic integration of the member-countries in the global system of economic communications and active co-operation in cultural, technical and scientific areas. After the statement of the head of Kazakhstan delegation with a number of constructive offers on problems of development of petroleum and gas industries, and transportation of petroleum to the world market, the situation had changed. The representatives of the founder-countries marked in their statements active positions of the Kazakhstan delegation. Later it had affected to the acceptance of a number of constructive
At all meetings in the frameworks of various levels of OEC the purposes both tasks of the organisation and the priority areas of the cooperation - transport, communications, power and trade were precisely defined, as all countries - participants demonstrated their mutual interests. According to the OEC charter, the Republic of Kazakhstan presided over sessions in 1998-2000. The decision of the nuclear weapon question was possible to reach, only after multilateral negotiation. Such negotiation has passed at the Budapest summit of the Heads of the member-states of OSCE on December 5, 1994. Result of the negotiation was the acceptance of the Memorandum about guarantees on security by Russia, Great Britain, and the USA to Kazakhstan, Ukraine and Belorussia, Three Powers -the depositaries of the Treaty on non-distribution of the nuclear weapon had undertaken to ensure the sovereignty, the territorial integrity of Kazakhstan and to guarantee against economic compulsion. The active work of sovereign Kazakhstan in the international organisations promote the reception of necessary technical and advisory assistance, the attraction of financial help from the various sort of donor organisations, the integration of the Republic into the global economic system, the attraction of foreign investments in the national economy. Therefore the work in various international organisations requires conducting multilateral negotiation. As you know, the Republic of Kazakhstan became the UN member since March 2, 1992. The representatives of the Republic actively participate in multilateral negotiation, representing the interest of the Republic. For example, at the 49 session of the General Assembly 295 resolutions were accepted, among those in 20 resolutions Kazakhstan was the co-author. What resolutions did our Republic support? First of all, there were those directed on rendering of assistance in integration to the countries with transitive economy to world economy. The essence of the resolutions consists in necessity of rendering by the UN system
Voting in the UN is the result of close interaction of the Central staff and its foreign representations. The negotiation can end in result, if there is a common interest. In absence of the last, the negotiation loses its sense. We have already mentioned that for successful realisation of negotiation the packages of the offers were used. In such packages of offers the benefits should be designated which will be found by the contracting part attractive enough to itself in order to sit down at a negotiating table. On the other hand, it is necessary to bring own interest with the interest of opposite part or to find the form of their interrelation. As the example of it, it is possible to mention the negotiation between the five sovereign states interested in the problem of water area and sea bottom of the Caspian sea. 1996 Kazakhstan clearly designated its positions in this question. The sea bottom and mineral wealth of the Caspian sea should be divided between the coastal states, which have national jurisdiction both exclusive rights concerning investigation and development of mineral resources in their part of the bottom and sea area.
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The position of Russia in this problem is going to be closer. As before the disintegration of the Soviet Union and the appearance of the new independent states on the coast of the Caspian sea the sea "was" common, i.e. there was existed Soviet-Iranian condominium on the Caspian sea. The supporters " of common usage " on behalf of Russia, Iran, Turkmenistan acted for preservations of this rule before final development of the legal status of the Caspian sea. Having considered a package of the offers of Kazakhstan and Azerbaijan Russia has changed its position and has offered a new package of the agreements. Date: 2015-12-17; view: 984
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"Diplomacy is determined as the realization of external policy of any country in negotiation with other countries". The bilateral negotiation is the traditional form of diplomatic activity.
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equality of states. Neglecting this it can put under the problem of the productivity of negotiation.
classification, duly duplication and distribution. Each their documents should have the index determining a category, to which it concerns (agenda, the statement of delegates, the protocols of sessions, communique1 etc.)
delegations attend various departments for the reception of necessary explanation and wishes.
the negotiating table the adherents are sitting, who to some extent are interested in the decision of the discussed question. To coordinate positions, to find balance of interests and to reach the coordinated decision - the result of such meetings is obvious.
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sides them creatively and receive internal satisfaction from participation in it.
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BILATERAL AND MULTILATERAL NEGOTIATIONS
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Kazakhstan of the positive decision of this problem was explained by the fact, that the USA had strategic interest in our region.
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international security. Here pertinently to mention the statements of the German writer Hochhoot: "the people can be connected by friendship, nations - only by interests".
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The Treaty on the bases of friendly relations and co-operation
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decisions. It would be desirable to indicate some concrete offers of our delegation, which subsequently began to be put into practice. These were the construction of Meshhed-Serahs-Tedjent railway link, the construction of seaport in Aktau, the opening of the airline Almaty-Tashkent-Teheran.
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