Negotiations in International Relations

Diplomacy is the practice of managing negotiations between representatives of countries or groups. Often at times it is refers to international diplomacy which is the managing of international relations through the intervention of professional diplomats in regards to issues of wars, peace-making, trade, economics, cultures, human rights ,etc. “ If western diplomacy has a role to play it will have to be discrete and carefully considered, always bearing in mind that the governing rule of diplomats, like that of doctors must be ‘first do no harm’ (Monteagle).Basically diplomacy is the substitute for the use of force or any other means in statecraft ,it is how countries use power to apply peaceful changes between other countries. Diplomacy is mostly carried out in secret, even though the outcome is usually made public. “The purpose of diplomacy is to strengthen the state, nation or organization it serves in relation to others by advancing the interest in its charge.

[electronic resource] John Kent, ‘British Policy and the Origins of the Cold War’ in Melvyn P. Leffler and David S. Painter (eds.) The Origins of the Cold War. An International History (2002), 139-153. [electronic resource] John Lewis Gaddis, We Now Know. Rethinking Cold War History (1997) (Esp.

In international politics today, soft power is favoured over hard power and hence, I would even argue that international law is a necessary tool in foreign policy. To better facilitate the discourse, I would like to establish certain perimeters. In this paper, soft power is defined as “the ability to get what you want by attracting and persuading others to adopt your goals” (Nye, 2003) while hard power is defined as “the ability to use the carrots and sticks of economic and military might to make others follow your will” (Nye, 2003). Hence, soft power concentrates on building positive relations with other states, whereas hard power can be said to be more antagonistic and hardhanded, which is counter to what international law stands for. In this sense, international law supports the expansion of soft power more than that of hard power.

1-22. • Wanis-St. John, Anthony, 'Back-Channel Negotiation: International Bargaining in the Shadows', Negotiation Journal, April 2006, pp.119-144, at http://www.aupeace.org/files/Wanis_BackChannelNegotiation.pdf . • Wanis-St. John, Anthony, 'Peace Processes, Secret Negotiations and Civil Society: Dynamics of Inclusion and Exclusion', International Negotiation, 13 (2008) 1–9, at http://www.aupeace.org/files/Wanis,%20Intro%20JIN%2013.1.pdf .

International relations were introduced since 3,500 BC. Barry Buzan and Richard Little in their book “International system in world history” argue that international relations were present during the ancient Sumerians. During the Sumerian times there were city-states , and between these city-states there would be international relations like trade, peace treaties, etc. The term international relations was introduced during the Peloponnesian war there was international relations shown to us in the “The Melian conference” were we saw the Athenians and the Melians discussing the terms of surrender. International relations were often traced back to the “Peace of Westphalia” which was in 1648.

Diplomacy, then, is when “agreements or understandings are obtained among states, through the efforts of trained government representatives.”1 Most importantly, diplomacy seeks to address the problem of escalations (like arms races) which can result in war by using communication. Occasionally, these trained professionals called diplomats may employ coercive diplomacy to achieve these goals. This coercion uses a threat as an incentive to make a state stop or undo an action. Coercive diplomacy seems to be the most effective method because it both motivates and demands a response, which can be either conflict or compromise. George Kennan, author of “Diplomacy in the Modern World,” asserts that true global diplomacy is not achieved through the establishment of universal law but a cultural change which eradicates the idea of total victory.

Walt, S. (1985) ‘Alliance formation and the balance of world power’, International Security, 9(4). Waltz, K. (1979) Theory of International Politics, Reading, MA: Addison Wesley. Wolfers, A. (1962) Discord and Collaboration: Essays on International Politics, Baltimore, MD: John Hopkins University Press. Van Evera, S. (1994) ‘Hypothesis on nationalism and war’, International Security, 19(1).

Investor State Dispute Settlement (ISDS) provisions are in place under all current International Investment Agreements (IIAs), where the main aim is to provide that arbitration should act as the main actor in resolving investment disputes and not litigation in national courts which is an essential part of investment protection . Still to date international arbitration has got its place in resolving disputes arising between them, due to its flexibility, cheaper, depoliticizing investment disputes and because of the familiar procedure etc…Further it ensures the parties to exercise considerable amount of control over litigation process whereby further ensuring that the awards are enforceable by creating awareness of legitimacy . However, in practice there are also many disadvantages that comes along with international arbitration which would possibly minimizes IIAs benefits to developing economies. One of the main disadvantages is the unique quality of international investment arbitration, including a power as defendant and... ... middle of paper ... ...ble at http://www.iccwbo.org/uploadedFiles/Court/Arbitration/other/db_rules_2004.pdf. Onwuamaegbu U (2005).

In this concept, international society based on shared concerns of international order such as anarchy, sovereignty, diplomacy and nonintervention. Pluralism underlines the instrument side of international society to balance the excessive disorder threat in an international anarchy. While, Solidarism is about the shared norms in international society such as limitation things on the use of force, and acceptable “standard of civilization” with regards of human rights and states and civilization relationship. In this notion, sovereignty can also consider as many degrees of political convergence (as in the EU). (Buzan 2001) These two concepts play key role in the definition of international society because they are linked together to outline the key theory of international society.

What is interesting about ADR is that it uses two approaches. The first one is the proactive approach to avoid disputes, while the next one provides a full range of ways of resolving those that occurred. The agreement resulting from ADR procedures is in the nature of a contract. Enforcement of the agreement, should there be subsequent non-fulfilment of its terms, would be by litigation or arbitration, assuming a suitable arbitration clause, as would non-fulfilment of any other contract provision. The most prominent procedures today are conciliation, mediation, mini-trial, expert evaluation and dispute board.