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The conclusion turns to the implications of this study today, both in terms of our own view of liberal democratic society and the place of women in it. Grouchy shows us, firstly, how significant ideas can persist through an era of upheaval like the French Revolution: through constant negotiation, continual re-interrogation, and a determination to hold on to core concepts while adapting and discarding others. It argues, furthermore, that Grouchy’s politics and philosophy provide further evidence that women in history have thought and acted politically, but not always in the ways we commonly understand as ‘thinking’ or ‘acting’. It expresses the hope that the example of Grouchy will provide inspiration for other historians who wish to reconstruct the ideas of those in the past – in particular women and other marginalised groups – who did not do all, or any, of their thinking over the course of long texts. The reconstruction of this rich history will, in turn, help combat the problem of authority still encountered by women today in political and intellectual spheres. Finally, it ends with the suggestion that Grouchy’s thought may be of use for those twenty-first century theorists who argue that emotions are essential to successful liberal democracies.
As well as providing a brief biography of Sophie de Grouchy, the introduction sets out the aims of the book. It describes how A Republic of Sympathy is the tale of how thought could be produced by an eighteenth-century woman in a time of Revolution: with all the possibilities, limitations, and opportunities that this period offered. It outlines how over this period, Grouchy developed her own, unique form of republicanism, by appealing to sympathy as the glue between the individual and the republic. It emphasises that Grouchy’s thought consisted of a series of shifting, adapting ideas, which nevertheless consistently relied on this sentiment. It describes how Grouchy not only experiment with variations of her theory over this period, but with different mediums of expressing her ideas: including pedagogical treatise, journal articles, translated texts, commentaries, collaborative projects, or embodied in her lived relationships. It also highlights Grouchy’s key interlocutors: from Adam Smith, to Jean-Jacques Rousseau, from her husband, the marquis de Condorcet to Benjamin Constant, from Thomas Paine to Jacques Pierre Brissot.
The discourse on Romanization took a turn. Influential thoughts from Marxism, the Annales school, and the cliometrics revolution to poststructuralism and postcolonialism travelled and infiltrated Romanization studies. This not only helped to enrich the discourse, but it allowed the posing of meaningful questions. Applying contemporary studies on social structures, economic forces, and cultural politics, historians and archaeologists were able to gradually raise questions concerning the traditional models of parallel discourse, defensive imperialism, and civilizing Romanization. This chapter discusses key works of the Early Adopters, from Dyson, Finley, and Harris to Millett and Woolf to trace the course of postcolonial ideas that travelled to the Romanization discourse. It illustrates how the postwar generation of historians and archaeologists has enriched the Romanization discourse with social, economic, and cultural histories and started to question the imperialist epistemology upon which the discourse on Romanization was built.
Sometimes patients and clinicians don’t agree and there is conflict. Many people prefer to avoid conflict, however working through it allows us to discuss our differences of opinion, explore the options, and come up with an agreement that we all can live with. Good communication skills can help shift the focus from “Who’s right?” to “What’s our shared interest?” This roadmap is different as it is about how you find your path amidst conflict. Start by noticing there is a disagreement. Prepare yourself by pausing, being curious, and assuming positive intent. Invite the other person’s perspective and listen to their story, emotion, and what it means to their sense of self. Identify what is at the root of the conflict and if possible, articulate it as a shared interest. Brainstorm to address the shared interest, and look for options that address everyone’s goals. Remember that conflicts occur because people care deeply, which means that resolving the conflict will take time and effort. Even in instances where it is not possible to agree, skillful communication can allow for graceful disagreement.
Diplomacy skills matter, and the widespread perception that anyone with common sense can be trusted with a diplomatic position, even without proper qualifications, is misguided and dangerous. Diplomacy is a serious business. The matters that diplomats deal with are too important to be left to amateurs. There are careers that do not require a new hire to possess any special skills on day one; diplomacy is not such a profession. Diplomats must have most basic skills so that they can hit the ground running. In fact, they are expected to have them before joining a diplomatic service, because most governments do not provide much substantive training to new officers. Although different career tracks–political, economic, consular, management and public diplomacy–require some specialized knowledge and abilities, most diplomatic skill sets are universal. This chapter covers the key aspects of diplomatic tradecraft, on which the rest of the book will elaborate and expound.
Political tradecraft is a set of duties, responsibilities and skills required of diplomats who work in political affairs. It is the main instrument in the diplomatic tradecraft toolbox, which also includes, among other tools, economic tradecraft, commercial diplomacy, consular affairs and public diplomacy. Political officers work both at diplomatic missions abroad and at headquarters, such as their ministry of foreign affairs or the State Department. Although there are some differences in a political officer’s daily duties at home compared with those abroad, they all participate in managing international relations and implementing foreign policy. Those who rise to the most senior positions in their ministry or department also take part in the policymaking process. The primacy of politics is the reason the political department is the most powerful in any ministry of foreign affairs, and its head, known as “political director,” is typically among the highest-ranking officials.
Edited by
Roland Dix, Gloucestershire Health and Care NHS Foundation Trust, Gloucester,Stephen Dye, Norfolk and Suffolk Foundation Trust, Ipswich,Stephen M. Pereira, Keats House, London
Virtually all societies have found the need for containment and control of behaviour by physical means. The first words in any discussion about restraint must include the methods of avoiding the need for its use wherever possible. De-escalation, negotiation, meaningful activity programmes and the development of trusting relationships are the necessary first steps. This chapter focuses on the activity of restraint, assuming that due attention has already been paid to the methods of avoiding the need for its use.
The Black Sea is an enclosed sea surrounded by six coastal countries, of which Bulgaria and Romania are EU Member States. The Convention for the Protection of the Black Sea Against Pollution was ratified in 1994 by all coastal countries. This Convention is the only European regional sea convention to which the EU is not a Party. While Romania and Bulgaria are in favor of EU accession to the Convention, Turkey, Russia and Ukraine thus far have blocked accession. In this paper, we develop a negotiation model with endogenous enforcement and exogenous fraud to analyze the different positions of groups of coastal countries relative to EU accession to the Convention. Our model contributes to defining a proposal that the EU could make to the opposing states such that they accept the EU as a Party to the Convention. In that context we investigate also whether Romania and Bulgaria might be better off delegating their decision power to the EU, rather than retaining their individual voting rights.
Although civil trials provide for the lawful resolution of many kinds of disputes, the vast majority of civil matters are resolved through other processes: Negotiation, mediation, and arbitration. This chapter provides an overview of the main psychological and structural factors that influence disputants’ decisions to select and use these primary alternative dispute resolution (ADR) processes. Further, the chapter discusses the psychology of decision-making in the context of alternative dispute resolution, including identifying what constitutes successful outcomes and how biases and other tendencies can prevent parties from realizing these outcomes. Finally, the chapter addresses research on the ways in which non-parties such as mediators, facilitators, arbitrators, and judges can improve (or diminish) the likelihood that parties’ voices will be heard, that parties will be satisfied with the process, and that the selected process will result in substantively satisfactory outcomes. Major research gaps and policy implications are identified and discussed.
Chapter 2 analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC, 1998–2003). It illustrates that evidence was a key element of the negotiations and argues that the FCTC was developed as an evidence-based treaty to counteract the attacks on evidence by the tobacco industry. After a historical introduction, Section 2.2 outlines the theoretical background of the chapter, introducing the notion of ‘treaty entrepreneurs’. Sections 2.3, 2.4, and 2.5 proceed to delineate and analyse how the strategy on evidence unfolded during the FCTC negotiations. Section 2.3 illustrates how legal expertise from international environmental law was borrowed to build a treaty that could embed and develop evidence. Section 2.4 describes how evidence was mobilised to build the treaty. First, the treaty entrepreneurs relied on existing knowledge within the WHO; second, they served as a catalyst for the production of additional evidence from other relevant actors, most notably the World Bank. Section 2.5 reviews how the treaty entrepreneurs framed the available evidence and how the label ‘evidence-based’ started being used. Section 2.6, finally, draws some conclusions on the implications of adopting a strategy on evidence to push forward the negotiations of a treaty.
Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia – Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.
Effective public health practice requires a combination of expertise and influence. Yet gaining expertise in the subject matter is only one element of practice: the ability to influence outcomes, policy, services and the people who make decisions is crucial. To deploy your expertise to have an impact, you must hone leadership and management skills to persuade, encourage and empower others. This chapter, therefore, aims to:
offer a brief overview of different schools of thought in leadership;
propose a simple framework of eight core domains for identifying skills and areas for professional development;
introduce some popular theories for understanding others, which can enable you to work more effectively with individuals and influence within teams and organizations; and
signpost to some key models of conceptualizing change and how to lead or manage change.
Chapter 12 deals with how prices are set within the healthcare sector. Prices do not come from direct interaction between buyers and sellers but are instead arrived at via a complex negotiation process between multiple parties. This chapter covers the lifecycle of a medical bill, the role of chargemasters (master price lists) in billing, how providers negotiate with insurers, and how the uninsured are treated in billing. The chapter then discusses price competition and quality competition between providers, as well as the role of price transparency.
Following a three-year post-termination transition period to bring investor-state arbitration disputes, the investment protections afforded by Chapter 11 of the North American Free Trade Agreement (NAFTA) finally expired in June 2023. Chapter 11 was one of the most litigated, cited, commented, and copied investment treaties. An important, but largely ignored, part of its legacy is how the making of NAFTA Chapter 11 shaped its subsequent successful diffusion. Combining traditional legal assessment with computational text-as-data analysis, this article shows how the give and take during the negotiations generated buy-in on the part of Mexico and Canada and emulation by Latin American countries who helped to spread NAFTA Chapter 11 language globally. The link between the making and diffusion of NAFTA Chapter 11 highlights the power of negotiated compromise: sharing the pen with others may sometimes be the most effective way to write the rules that come to shape the world.
Brazil has changed its negotiation strategy in World Trade Organization (WTO) negotiations. In the first half of the WTO era (1995–), Brazil adopted a strong developing country leadership role as coordinator and spokesperson of the G20 group of developing countries. More recently, however, this group has disappeared from the negotiation scene. This article examines how Brazil has departed from a 2000 status quo and arrived at a more flexible approach, less reliant on the industrialized-developing divide as a structuring principle of its diplomacy. Using WTO negotiation documents, trade delegate interviews, dispute settlement case law, and secondary literature, I outline the contours of new directions in Brazilian trade policy. These include joint legislative initiatives with the EU, a move towards the plurilateral level on non-traditional issues, a greater heterogeneity of dispute settlement targets, and a newly flexible handling of its rights under the WTO's special and differential treatment status. The article contributes to ongoing debates on Brazil's status in international affairs, its reliance on large coalitions, and the maintenance of followership as key directives of its foreign policy, and scholarship that sees Brazil as stuck in a ‘graduation dilemma’.
The study looks at the defining features of various labour dispute resolution modes and their appropriateness in Zimbabwe. Researchers used a qualitative approach to collect and analyse data, drawing on a purposive sampling method to select and distribute open-ended questionnaires to 38 participants. The study established that the alternative dispute resolution (ADR) modes used in Zimbabwe are collective bargaining, conciliation, and arbitration, all formalised and regulated by the Labour Act (2015). Nevertheless, these ADR mechanisms have numerous flaws including, that they are not ‘culturally’ close to citizens, and as a result, access to justice is still a challenge, they are also expensive and cannot be easily understood by ordinary employees. Accordingly, the study recommends that the government amend the Labour Act (2015) to return to the old conciliation and arbitration system which was decentralised to the districts. When making the amendments to the Labour Act, the government should also consult with general employees and employers, because they are the victims of the current system. Furthermore, workers’ committees and trade unions should also be empowered to support and educate employees.
According to decades of research, whether negotiations succeed depends on how much of the stake each person will get. Yet, real-world stakes often consist of resources that vary on quality, not just quantity. While it may appear obvious that people should reject qualitatively inferior offers, just as they reject quantitatively unequal offers, it is less clear why. Across three incentive-compatible studies (N = 1,303) using the ultimatum game, we evaluate three possible reasons for why people reject qualitatively unequal negotiation offers (that are 50% of the stake): fairness, mere inequality, or badness. Data across the three studies are consistent with the fairness account. Casting doubt on the possibility that people reject qualitatively unequal offers merely because they are ‘bad’, Studies 1 and 2 found that participants were more likely to reject the same coins when these were inferior (e.g., 200 × 5¢ coins) to the negotiation partner’s coins (e.g., 5 × $2 coins) than when both parties received the same undesirable coins (e.g., both received 200 × 5¢ coins). Supporting a fairness explanation, rejection rates of the qualitatively inferior offer were higher when the proposal came from a human (vs. a computer), suggesting that rejection stemmed in part from a desire to punish the negotiation partner for unfair treatment (Study 3). Nevertheless, some participants still rejected the unequal offer from a computer, suggesting that mere inequality matters as well. In sum, the findings highlight that quality, not just quantity, is important for attaining fair negotiation outcomes.
Without falling into the Keynesian trap of implying the entire settlement was created in President Wilson’s ‘hot, dry room’, this chapter acknowledges the central role of the Big Four at the Paris Peace Conference in providing a decision-making forum to which many of the most contentious issues were referred. Their ideas, conflicting ambitions and interactions helped to shape the peace. Wilson and Lloyd George, who largely shared a Gladstonian liberal philosophy, advocated self-determination, disarmament, trade and a new international order based on a League of Nations, though this did not prevent significant clashes between them over reparations and naval construction. Clemenceau pursued a more traditional, though potentially incompatible, policy of alliances and territorial adjustments to counter what he perceived to be a continuing threat from a neighbour with larger resources and a more dynamic demographic. Orlando’s vision was focused more closely on Italy and its European context, though not without imperial aspirations. Keynes dismissed him in a sentence and footnote but Italy had an important part in the negotiations and compromises, which moulded the settlement drafted by the Four and their colleagues. The extent, however, to which a ‘New Diplomacy’ had overtaken the old remained moot.
All states have an obligation to settle disputes peacefully in accordance with arts 2(3) and 33 of the Charter of the United Nations (‘UN Charter’), and the purpose of this chapter is to provide an introduction to the methods for the settlement of international disputes. It begins with an overview of international dispute settlement, including a discussion of the concept of a ‘dispute’, and the distinction between political and legal disputes. It then traces the evolution of the obligation to settle disputes peacefully through its broad phases: the 1899 and 1907 Hague Conventions for the peaceful settlement of international disputes, and the creation of the Permanent Court of Arbitration; the Covenant of the League of Nations of 1919, and the creation of the Permanent Court of International Justice (‘PCIJ’); and the Kellogg–Briand Pact of 1928, and the UN Charter of 1945. The chapter then considers the various methods of international dispute settlement, beginning with the diplomatic methods (negotiation, fact-finding and inquiry, the use of ‘good offices’, mediation, and conciliation) before turning to the adjudicatory forms of dispute settlement.
This essay offers a philosophical defense of deception about reservation prices in business negotiation. Its discussion is prompted by arguments that Charles N.C. Sherwood makes in a recent issue of Business Ethics Quarterly and develops ideas I put forward in an earlier issue of Business Ethics Quarterly. The essay argues that although reservation price deception cannot be justified by appeal to the consent of negotiating parties, it can be justified by appeal to a separate but related notion, assumption of risk, as long as the assumption of risk occurs in a suitably fair context.