bluuebunny/crossref_metadata_2025_split huggingface dataset:
Reciprocity Research and Its Implications for the Negotiation Process
Authors: Komorita  , Parks  
Published: November 2003

AbstractWhile social scientists have discussed the issue of reciprocation for many years, much of current behavioral research stems from Robert Axelrod's computer simulations of behavioral strategies in prisoner's dilemma games. Axelrod showed that a tit-for-tat strategy – cooperate on the first trial, and thereafter behave as your opponent did on the previous trial – earned a higher average payoff than any other tested strategy. We review both the computer simulation and empirical research that followed his studies. We suggest that it would be fruitful to extend this research to the negotiation paradigm, for two reasons: (1) many of the findings have direct bearing on elements of the negotiation process, and (2) there are unique aspects of the negotiation process that pose interesting questions for social dilemma research.
When Does Reciprocity in the Actions of Nations Occur?
Authors: Patchen  
Published: November 2003

AbstractTo understand the occurrence of reciprocation, we must consider the ways in which the prior actions of another nation may affect decision makers' expectancies and the values they give to various possible outcomes of the interaction. Cooperative prior action by the other tends to raise the actor's expectancy that his own cooperative action will result in mutual cooperation and also to increase the intrinsic value of cooperation. Conflictive actions by the other nation will tend to raise the value that decision makers place on winning over the other and to decrease their expectancies that cooperative behavior will result in mutual cooperation. While the prior actions of the other tend to lead to reciprocation, its occurrence depends also on other factors that affect national leaders' expectancies and values. Relevant other factors include the extent to which the nations are dependent on exchange relations with each other and the relative power of the two sides. Mutual reciprocity is most likely when there is a high and balanced level of exchange and when the power of the two sides is about equal.
Colleagues or Combatants? Experts as Environmental Diplomats
Authors: Auer  
Published: November 2003

AbstractProfessionals with advanced training in natural, physical, social and applied sciences or ``experts'' are important actors in international environmental negotiation. Experts participate in environmental negotiation by identifying problems, building and testing theories, communicating science knowledge and advising. They are generally less prominent in formal bargaining. This paper considers whether environmental negotiation is facilitated when experts participate in the formulation and detailing of agreements. Case material explores the regime of the Baltic Sea where civil servants with advanced training in science and engineering are direct participants in the regime's annual cycle of negotiations. The inquiry begins in 1983 and ends in 1995. During this period, expert-diplomats failed to reach consensus on politically-binding recommendations bearing on the region's most pollution-prone industry, the pulp and paper industry. Conditions for consensual decision-making were present: member states' expert-diplomats were individuals with similar technical training, professional values, and responsibilities. Yet conflict prevailed over consensus, driven by experts' narrowly defined research agendas and their allegiances to particular problem-solving technologies. These differences were magnified by the negotiators' pride in national scientific and technological institutions and capabilities.
Negotiating the European Union: A Negotiation-Network Approach
Authors: Pfetsch  
Published: November 2003

AbstractNegotiations are central to the functioning and dynamic development of the European Union. Historically, force, equilibrium or hegemony have underscored regional integration schemes in Europe, but, in contrast, the European Union is a voluntarily agreed arrangement of sovereign or semi-sovereign states that solve their conflicts by means of non-coercive negotiations. Due to its complex structure, the EU encourages the formation of networks, and negotiation is the most important vehicle for establishing and keeping these networks in operation. In particular, the concept of polyarchic networks can help to explain activities among unequal negotiation partners in the EU.
Negotiations in Networks in the European Union
Authors: Elgström  , Sannerstedt  , Jönsson  , Bjurulf  , Strömvik  
Published: November 2003

AbstractMulti-level governance is a term that is commonly used to characterize the nature of the European Union. In this article we argue that multi-level governance requires a research focus on negotiations and networks. Our focus is on day-to-day negotiations rather than ``history-making'' decisions, and we proceed from the assumption that negotiations vary in character across issue areas. After discussing the distinctive features of EU negotiations and applying the multidimensional network concept to the EU, we formulate a number of hypotheses as to why network patterns vary across issue areas and how network characteristics affect negotiations. Some illustrative cases are briefly presented, and some tentative observations are proffered concerning the role of networks in EU negotiations.
International Limits to National Claims in EU Constitutional Negotiations: The Spanish Government and the Asylum Right for EU citizens
Authors: Closa  
Published: November 2003

AbstractAn examination of EU constitutional negotiations allows for the identification of influences behind specific outcomes. A close inspection of particular issues demonstrates the necessity to revise purely realistic and instrumental approaches that focus primarily on formal negotiators, that is, national governments. Other actors, such as interest groups, can enter the negotiation arena by using empowering resources that are alternatives to state power. In some cases, such as the discussion of asylum rights for EU nationals during the 1996 Intergovernmental Conference, interest groups joined the negotiation and did not pursue self-interest, but rather sought to design broader constitutional principles of the EU. The formal negotiator, the Spanish government, was faced with pressure from these groups that emanated from a set of international norms and moral beliefs that underpinned their claims. Their success is significant, not only because they diluted the Spanish government's proposal, but because their performance demonstrated important characteristics of a maturing European civil society.
Leadership in European Union Negotiations: The Presidency of the Council
Authors: Metcalfe  
Published: November 2003

AbstractThis article argues that the Presidency of the Council of Ministers plays a crucial leadership role in policy making negotiations in the Council of the European Union (EU). The analysis begins with a detailed description of leadership resources available to the Presidency. Sufficient resources of coercion, reward, legitimacy, socialization, expertise and information exist to support the thesis that the Presidency plays a major role. Based on these findings, the most effective leadership strategy of the Presidency is defined as guiding the negotiating parties toward the achievement of common ends through a cooperative process. Further study reveals that a more sophisticated understanding of leadership can be developed by linking strategies to leadership contexts. The paper concludes that the Presidency has the potential to play an effective leadership role and that the interplay between different sources of leadership is important to understanding the dynamics of multilateral negotiation.
Negotiating Treaty Reform in the European Union: The Role of the European Commission
Authors: Jørgensen  , Christiansen  
Published: November 2003

AbstractIn this article we seek to show that treaty reform is best seen as a process, and that we are witnessing a process of constitutionalization. We challenge the distinction between day-to-day politics and the high politics of treaty reform, demonstrating that high politics approaches are unable to take the significant role of non-governmental actors into consideration. While the European Commission's impact on the Maastricht Treaty was fairly limited, particularly concerning Political Union issues, we conclude that the Commission's impact on the Amstrerdam Treaty has been considerable. In fact, such an impact is not surprising given the Commission's technical expertise and its close cooperation with both the Council Secretariat and the Presidency of the Council. It is only if the impact of non-governmental actors, such as the Commission (and the Council Secretariat), is assumed to be negligible and therefore left unexamined that our findings are surprising. In this way, the article contributes to criticism of intergovernmental approaches to European integration.
A Comparison of American and Russian Patterns of Behavior in Buyer-Seller Negotiations Using Observational Measures
Authors: Roemer  , Neu  , Garb  , Graham  
Published: November 2003

AbstractThe study compares American and Russian patterns of conversational behaviors in the context of a simulated buyer-seller negotiation involving 60 American and 52 Russian businesspeople participating in intracultural, face-to-face bargaining sessions. Each session was tape-recorded, and the tapes were subsequently transcribed, translated, and coded for 20 content analysis categories. The behaviors of the Russians differed in some respects from the Americans, but overall we discovered surprising similarity in the patterns of bargaining behaviors. However, most importantly, the effects of those behaviors on negotiation outcomes (i.e., profits and satisfaction) were found to vary substantially across cultures.
Chinese Thought, Game Theory, and Strategic International Negotiations
Authors: Weigelt  , Jehn  
Published: November 2003

AbstractIn this article, the insights of Chinese philosophy and economic game theory are examined with a focus on international negotiations. While Chinese philosophy texts have existed for over 2,000 years, game theory is a more recent tool of strategic analysis. We illustrate four strategic negotiation principles based on these two theories with stylized examples specifically designed to help negotiators involved in international contexts.
Differentiation, Leaders, and Fairness: Negotiating Climate Commitments in the European Community
Authors: Ringius  
Published: November 2003

AbstractScholars contend that symmetrical environmental measures are widely used because they simplify negotiations, prevent countries from pursuing extreme bargaining positions, and reflect salient focal points. This article argues that it is possible to negotiate and reach asymmetrical environmental agreements that take into account significant national dissimilarities. It is demonstrated that analytical models and intuitively appealing model-based quantitative indicators of national circumstances can establish premises for negotiations leading to differentiated environmental agreements. While they do not take the place of political negotiation, they help identify a formula that defines the problem in a resolvable fashion and prevents the bargaining space from expanding uncontrollably. Moreover, in pre-Kyoto European Community climate policy, which this article empirically examines, high transaction costs and EC member states' ability to block costly agreements were not essential. The article concludes by suggesting four recommendations for reaching differentiated environmental agreements.
Non-State Actor Influence in the Negotiations of the Convention to Combat Desertification
Authors: Corell  
Published: November 2003

AbstractThis article explores the role of expertise in decision-making by studying the influence of non-state actors in the negotiations of the Convention to Combat Desertification. Actors possessing issue-relevant knowledge and the skill and judgment in how to use this knowledge – often referred to as experts – are consulted on specific issues and may exert influence over the result of negotiating processes. Conventional wisdom suggests that since they are requested to provide advice, scientific advisers are likely to wield high levels of influence at certain moments in environmental negotiations. There is also a growing literature that suggests that NGOs have increasing influence in such negotiations. This article examines both these propositions and finds that, in the case of the desertification negotiations, the formally appointed scientific advisory body – the International Panel of Experts on Desertification (IPED) – had insignificant influence on the process and outcome of the negotiations. This was due to IPED's perception of its own role, a preemption of IPED's functions, and the mandate and design of IPED. NGOs, however, exerted a high degree of influence because of the participatory approach promoted in the Convention, the composition of the attending NGOs, and the supporting environment in the negotiations. The article concludes by suggesting some implications of these findings for international environmental negotiations.
Cooperative Management Regimes: Collaborative Problem-Solving to Implement Sustainable Development
Authors: Meadowcroft  
Published: November 2003

AbstractOver the past decade, there have been important changes in the way in which governments in developed countries have approached the management of environmental problems. Ideas of ``partnership,'' public-private cooperation, and negotiated solutions have increasingly come to the fore, as the persistence and complexity of certain types of environmental challenge have come to be appreciated. This essay focuses on a particular type of collaboration: where groups based in different social domains establish cooperative relationships focused around managing specific environmental burdens over time. After presenting an ideal-type description of such a practically focused and negotiation-centered approach to environmental governance, the argument moves on to consider potential advantages, but also possible difficulties, that may be associated with this innovative management strategy. It suggests that collaborative and problem-oriented approaches are likely to prove central to the effort to implement sustainable development.
Can NGOs Enhance the Effectiveness of International Negotiation?
Authors: Albin  
Published: November 2003

AbstractThis article discusses when and how NGOs succeed in making positive contributions to international negotiations, in ways that governments are not able or willing to do as well alone. Among the factors favoring substantial NGO involvement are appeal to the interests of participating governments, possession of needed expertise, effective lobbying, framing of issues as wider global or human concerns and public mobilization over these, and plentiful funding. Seven types of NGO activities relating to negotiation are identified: problem definition, agenda setting, and goal setting; enforcement of principles and norms; provision of information and expertise; public advocacy and mobilization; lobbying; direct participation in the formulation of international agreements; and monitoring and other assistance with compliance. Despite the increased presence and activism of NGOs on the international stage, however, their participation in negotiating fora remains largely unofficial, ad hoc, or subjected to the preferences of national governments. A principled and cautious expansion of the opportunities for NGOs to participate in international negotiations could enhance the effectiveness and legitimacy of their outcomes.
Negotiations over Transboundary Air Pollution: The Case of Europe
Authors: Björkbom  
Published: November 2003

AbstractThe Convention on Long-Range Transboundary Air Pollution (CLRTAP) has a history covering about thirty years. Over time, NGOs, international and national, environmental, commercial and industrial, have had various degrees of impact on preparations for and the negotiations of its seven substantive Protocols. A special case is the role of science in the CLRTAP process. Can scientific communities or small groups of scientists that have been involved be characterized as NGOs? The answer depends on their roles in the different groups and task forces established under the CLRTAP. This article argues that NGO influence has been more important at the national level in the democratic processes leading to the development of national positions than in their influence during the actual international negotiations. The main influence of NGOs lies in making policy makers aware of environmental problems. There are limitations to NGO participation in the intergovernmental negotiation process, although the scientific NGO input has become a necessary element and strongly influences negotiation outcomes. NGO development towards science has also created an interdependence between the scientific community and policymakers.
Medical Guidelines — Reception and Application by the Law: The German Example
Authors: Hart  
Published: November 2003

AbstractMedical or clinical practice guidelines of professional institutions establish rules (standards) for good medical treatment (quality of care). They take the form of international, national, regional and local guidelines and are set up by international and national medical organisations, mainly by medical scientific societies, but also by regional (e.g. medical associations in the German Länder states) and local (up to hospital departments) institutions. The rules of good medical treatment (medical or clinical practice guidelines) have to conform to the corresponding medical standard, which is defined by scientific knowledge (evidence-based medicine), practical experience and professional acceptance. The binding character of the standard for medical practice increases with the reliability of scientific evidence and practical experience. Insofar, medical guidelines which correspond to the standard fulfil a quality assurance function for medical treatment as a means of communication in the medical profession, an implementation function for the enforcement of standards and thus also a protective function for patients. Three main issues are concerned: the harmonisation of the procedure for development and the criteria for the quality of good clinical guidelines ("guideline for guidelines"); the legitimation of the objectives of professional guidelines towards the patients and the transformation or reception of medical guidelines by the law. Guidelines can be legally transformed by the courts into standards of due care in liability law, into statutory health insurance law (directives) by the legislator or into the law of tax-financed national health systems. In this function they rationalise (e. g. medical malpractice) decisions of the courts or the legislator by increasing the transparency of their medical basis and thus also contribute to the quality improvement of legal decision-making on medical malpractice. Medical guidelines can also influence (legally binding) health insurance law directives. On principle, guidelines of the scientific medical associations do not involve any economic considerations (efficiency) and should be strictly separated from these (principle of separation and transparency). Medical guidelines have to be differentiated from (health insurance law) directives and recommendations. In addition to the quality assurance function, the guarantee function for efficiency of treatment is a priority for health insurances.
The Process of Health Legislation Reform in the Republic of Slovenia
Authors: Drnovsek  , Cesen  
Published: November 2003

AbstractSlovenia was among the first European countries to introduce laws and regulations in the social security field, including public health. The current health legislation is the culmination of a century-long development of the health care system through different periods and diverse political and economic conditions affecting the region. The present organization of the health care system reflects the pattern of partnership which already existed in the former Yugoslavia. The ultimate goal of all countries is to implement health care activities within a system ensuring active participation and partnership of citizens who are universally covered by a public health insurance scheme, health legislators and providers of health services. Slovenia has therefore not been confronted with any major difficulties in implementing health care system reforms. By amending and modifying its health legislation Slovenia will build upon its good points, improve clarity and integrate certain approaches important for the functioning of its health care system in the European Union when Slovenia becomes a full member. Changes are directed towards:strengthening inter-sectoral cooperation and health and safety at work;creating environments supporting a healthy life style and emphasizing personal responsibility for one's own health;— maintaining a unified public health insurance scheme and sufficient financing through employer and employee contributions;— introducing voluntary health insurance;— developing in a controlled way an efficient and effective private medical practice;— strengthening of management in public health institutions and increasing staff's responsibility for business success.— implementing quality improvement systems.
Legal Prerequisites for Clinical Trials Under the Revised Declaration of Helsinki and the European Convention on Human Rights and Biomedicine
Authors: Rosenau  
Published: November 2003

AbstractBiomedical research is a perennially controversial subject. While the provisions of the Revised Declaration of Helsinki enjoy world-wide acceptance, they are increasingly placed in question — not least by the Council of Europe's Bioethics Convention, which allows non-therapeutic research in restricted cases on those incapable of giving informed consent. Taking as its starting-point the fundamental conflict between the general interest in research and the individual interests of the patients concerned, this article analyses the conditions under which medical experimentation on human beings is permissible. The article recognises the model of risk/benefit analysis and the doctrine of informed consent as equally valid core principles which do not conflict with restricted, non-therapeutic research, whether on patients who lack the capacity to consent or in placebo-controlled trials.
Premarket Review of Medical Devices in the United States
Authors: Chai  
Published: November 2003

AbstractIt has been sixty years since the Congress first authorized FDA to regulate medical devices. During this period, countless studies, reports, and investigations have been targeted at medical devices. The law has been significantly modified several times, and the regulations revised on numerous occasions. As for any other scheme of administration or management, revisions are necessary as demand arises for legislative attention to societal risks, the economy fluctuates, and when businesses expand and globalize. Studying the U.S. system of medical device regulation merely from a contemporary perspective fails to take into account the significance of decades of effort in maintaining the quality and integrity of the system in an ever-changing field of medical device regulation.The three-pronged medical device regulatory system that entails inspection of manufacturing facilities, premarket approval, and postmarket recall and reporting enables the public to benefit from medical devices without the fear of unreasonable risk with their use (Appendix 1). President Clinton proudly pronounced the following in a 1995 speech:Today, Americans don't have to worry about safety or effectiveness when they buy [drugs and medical devices] - from cough syrups to the latest antibiotics or pacemakers. The Food and Drug Administration has made American drugs and medical devices the envy of the world and in demand all over the world. And we are going to stick with the standards we have - the highest in the world.…^218