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List of Figures x
List of Tables xi
Introduction xii
Negotiations and the Theory of Negotiation 1
What is negotiation? 4
What characterizes negotiations? 5
The specific characteristics of international negotiations 8
The three phases of the negotiation process 10
Conflict as the Subject of Negotiations 16
Conflict and negotiation 16
What is a political conflict? 16
The dynamics of conflict evolution: A dynamic model of conflict 17
Negotiations in situations of crisis and war 19
The most intensive form of conflict: War 20
What kind of negotiable or non-negotiable conflicts do we face today in international politics? 21
Looking back: Changes in conflict behaviour 21
Looking ahead: Hypotheses about future conflict behaviour 26
Bringing negotiations and conflicts together 30
The KOSIMO Project 31
Conflict and conflict management: The life cycle of symmetry between means and ends 32
Who Negotiates with What Means? 35
The negotiator 35
Confrontational versus integrative negotiation 36
The negotiation dilemma 37
Advice to practitioners 39
Culture and Multilateral Negotiation 42
Negotiation style and negotiation culture 42
Examples taken from cases demonstrating Japanese and German negotiating styles 50
Different national cultures and styles 57
Three discourses on nation-building 57
Language groups and intellectual style 59
Political mobilization and protest 59
The democratic deficit within the EU, as perceived by the United Kingdom, Germany and France 60
The case of the nomination of the President of the European Central Bank 62
Core terms in the European discourse 63
The Instruments of Negotiation 67
Typologies of negotiation techniques and resources 68
Actor-related resources 69
Principled negotiation (Harvard Negotiation Project) 70
Shuttle diplomacy 71
Brainstorming 72
Issue-related resources 72
Extension or differentiation of the issues 72
Reconciliation of interests 73
Setting quotas and proportions 76
Exchange or package deals 77
The allocation of emission quotas 77
Process-related resources: strategies, tactics 77
Delay 77
Escape into generalization and ideology 78
Two-track setting 78
Reframing 79
Changes in perspective 79
The negotiation formula 81
The one- or two-text procedure 82
The shadow of the future 83
External conditions 83
Rules of decision-making 83
Binding and non-binding agreements 85
Linking instruments to power resources 86
The Role of Power in Negotiations 89
The three dimensions of power 91
Symmetry and asymmetry 94
The five manifestations of symmetry and asymmetry 97
The first manifestation: symmetry/asymmetry as power of possession 100
The second manifestations of symmetry/asymmetry as a process variable in the pursuit of equality 101
The third manifestation: Relations between ends and means 106
The fourth manifestation: Symmetry/asymmetry of mediation equidistance 109
The fifth manifestation of symmetry: Outcomes as a fair share 111
The Power of Powerlessness, or How Weakness Can be Transformed into Strength 115
Resources of the weaker party 115
Increasing resources through amalgamation: Coalition-building 117
The limits to negotiations 119
Principled negotiation: The Harvard Project approach 120
The discourse model 121
Rational choice 121
Inadequate means: Means and ends relationship 123
The Power of Institutions: Collective Negotiating in Groups 125
Effectiveness 128
Representativeness 132
Negotiating in regionally integrated institutions such as the European Union 134
The Power of Law: Negotiating Within the Framework of International Norms and Principles 136
The Petersberg (Germany) conference on Afghanistan 137
The US-EU trade dispute 138
The Mediator, the Faciliator 141
Mediation strategies 142
Who mediates? 145
Third party instruments 150
The mediators, the conciliators 153
Mediation in civic affairs 156
Modalities of Conflict Termination 159
Typology of conflict termination and the role of negotiation 159
Some historic examples 159
The quality of negotiated agreements 162
Non-decisions 162
Partial decisions 163
Radical resolutions 163
Ambiguous decisions 163
Majority decisions and compromise 164
Stable and unstable decisions 164
Conservative or progressive decisions 164
Future-oriented agreements 165
Military, territorial and political results 165
Territorial results 166
Political results 167
Formal versus informal termination 168
Conflicts in the UN Security Council 169
Historical cases 169
Unfinished wars: Short-lived results 171
Resolution Through Negotiation 173
The theory of 'unfinished' peace agreements 175
Kantian peace in the Western world 177
The six components of a durable solution 178
Justice and fairness in negotiations 184
Peace agreements forced upon the parties risk new wars; peace agreements deriving of their name bring about peace 187
Hypotheses About the Nature, Environment, Rules of Conflict, Third Parties, and Outcomes/Solutions 189
Hypotheses concerning the nature of conflicts 189
Hypotheses concerning the environment 190
Hypotheses concerning the issues in conflict 190
Theses on conflict management 191
The role of third parties, the mediators 191
Hypotheses concerning the resolution of conflicts 193
Hypotheses concerning outcomes 194
Conclusions 196
Notes 200
Bibliography 204
Index 212
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