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    * *

    RESEARCH RIEF NUM ER 7 JUNE 2 3

    EUROPE N

    UNION CENTER

    OF C LIFORNI

    Negotiating the World

    Economy

    John s

    Odell

    In December 1999 trade ministers from 135 nations failed to

    launch a new global trade round- the famous Seattle debacle.

    Yet less than two years later negotiators from these same states

    agreed to a remarkably ambitious liberalizing agenda at Doha.

    The difference in

    outcome between

    these two deliberations could

    not be

    more

    striking.What accounts for it? What determines the

    gains

    and

    losses from different international

    economic

    negotiations

    more generally?

    Four

    broad factors must be attended to : market

    conditions, domestic politics, negotiators

    behavior and

    beliefs,

    and the strategies they choose. This s according to John Odell,

    in

    his recent book Negotiating the

    World conomy

    (Cornell University

    Press, 2000 . Odell provides insights into each

    of

    these influences.

    His comparative study of ten major international economic

    negotiations teases

    out

    general principles

    showing

    how

    creative

    bargaining strategies and tactics can raise the chances for success,

    even in apparently hopeless

    encounters

    . His study, currently

    being

    translated into Chinese and with negotiations for a Spanish edition

    underway, generates practical

    knowledge aimed

    at

    improving

    negotiating performance and the prospects for successfully realizing

    gains

    in

    both bilateral and multilateral negotiations.

    Research

    riifs

    s

    a publication of

    the

    European

    Union

    Center

    of California. The series provides summaries of major research

    projects

    concerning Europe

    and

    transatlantic relations,

    written

    by the original researchers .

  • 7/13/2019 (Resumen) Negotiating the world economy.pdf

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    RESE RCH BRIEF

    NEGOTI TING

    THE

    WORLD

    ECONOMY

    In

    September

    1985

    the

    U.S.

    administration

    of Ronald

    Reagan

    threatened

    Brazil

    with economic

    penalties

    if

    it did not

    change

    a program

    designed to

    promote

    its

    national

    computer

    industry and displace foreign

    firms.

    In March

    1986 the

    United

    States

    threatened

    to punish exports from the

    European Community if

    it did

    not

    provide

    additional

    compen

    sation for

    new

    barriers to

    US

    feedgrains in Spain

    and

    Portugal, restrictions that had

    just

    been

    raised thanks

    to the ent

    ry

    of

    the

    I

    berian

    states

    into

    the

    EC.

    Both

    Brasilia

    and

    Brussels

    angr

    ily

    threatened co

    unter

    retaliation.

    Paradoxically,

    the

    same American

    strategy gained more

    commercia

    lly from

    the

    EC,

    the largest

    trading unit in

    the

    world

    ,

    than

    it

    did

    from

    the

    weaker player,

    Brazil.

    The European

    case

    ended

    after

    ten months with

    a

    written agreement

    modifying

    the enla r

    geme

    nt treaty

    and making su

    bstantial

    conune

    rcial

    concessions to the US .

    Meanwhile the

    Brazil-U.S. dispute dragged

    on

    for

    some

    thirty-six

    months,

    with

    Reagan

    finally

    gaining only

    a tacit

    agreement

    oflittle

    comnlercia

    l value.

    The

    same superpower,

    with

    the

    same institutions ,

    operatin

    g

    under

    the

    same

    international

    rules, led

    by

    the

    same President using the same

    lead

    negotiator

    during

    the

    same

    period,

    reached remarkably different results,

    with

    the

    apparently weaker negotiating

    partner

    resisting

    Anlerican

    demands

    more

    effectively.

    Why?

    Questions

    like this

    one

    (whose

    answer will

    come in

    a

    moment)

    are

    not

    merely

    of

    academic concern. Executives

    and officials

    in co untri

    es

    across

    the

    world wo

    uld like to see

    improvements

    in

    the

    political management

    of the

    glob

    al

    economy.

    Governments

    manage

    it through

    negotiations,

    some

    bilateral

    and some

    multilateral,

    and the outcomes

    of

    these negotiations are

    no

    t wh o

    ll

    y

    determined by nature. To ga

    in the most

    and

    lose

    the

    least possible fro m

    th

    ese

    negotiations, and to

    im

    prove

    inter

    national institutions,

    our

    representatives

    of

    course

    need

    solid

    knowledg

    e

    of

    t

    he

    relevant businesses and laws and an

    appea

    lin

    g

    blueprint

    ,

    but

    those are

    not

    en o

    ugh.

    The

    successfu l

    proponent of

    an

    2

    inte

    rn

    ational

    agreement

    and

    the

    effective

    defender against external pressure will also

    need

    an effective

    negotiation pl n

    a strategy for gain ing

    other countries'

    assent despite

    opposition.

    Without a

    sound understanding

    of

    how

    the

    co m

    pl

    ex

    process

    of international economic

    negotiation

    works, our representatives

    would

    be

    primed

    to step

    into

    familiar

    pitfaUs while

    overlooking important

    opportunities.

    Negotiatil g the World Economy

    l

    ays

    out key diagnostic questions to ask

    in

    planning

    for any international

    econom

    ic

    negotiation. It

    documents some

    pitfalls

    and some

    u

    sef

    ul general principles by

    analyzing ten particular

    monetary and

    trade

    outcomes

    of

    the past.

    The

    ten cases

    involved

    the United

    States and various

    partners,

    including the European

    COl1ll1lunity,Japan,

    Mexico

    and Brazil.

    There

    are

    no

    obv

    iou

    s reasons

    why the

    conclus

    ion

    s

    shou

    ld be peculiar to

    the

    United

    States.

    The

    ideas are

    meant

    to

    be

    general and

    inter

    es ting

    to

    readers

    worldwide, to those outside

    as

    weU

    as

    inside

    governments

    .

    CORE RGUMENTS

    In

    a nutsheU, the

    book

    argues that

    variations in the process

    of international

    economic negotiation, including

    the

    strategies chosen, make a significant

    difference to

    the

    outcomes.

    This

    theme

    is developed into

    a se t

    of

    specific

    propositions designed to help answer

    two core

    questions. First, w

    hat

    negotiating

    strategies are available to

    international

    economic

    negotiators,

    and why

    do their

    strategy

    cho

    ices vary

    from case

    to

    case?

    Second,

    why

    do

    negotiat

    d

    rs

    gain

    more

    in

    some

    cases

    and less in

    others,

    even when using

    the same strategy?

    The

    key drivers are

    market

    conditions, domestic politics,

    negotiator

    biases, and their strategies.This

    li

    st flags

    central diagnostic questions that

    need

    to be addressed in any effective

    nego

    tiation analy

    sis

    .

    In

    order to

    concentr

    ate

    on

    these factors, thi s study largely sets

    aside for

    other

    occasions the

    co n

    sid

    eration of

    contexts be

    yond

    the trade

    or

    finance minister's influence, such

    as

    the countries'

    current military security

    situations,

    their

    government

    institutions,

    and their cultures.

    he str tegymenu

    Negotiation

    (or bargainin

    g

    refers

    to a sequence

    of

    actions

    in

    which

    two

    or

    more

    parties address demands and

    proposals

    to

    each

    other

    for the ostensible

    purpose

    of reaching

    agreement and

    changing

    th e

    behavior of

    at least

    one

    actor.

    When eng

    aging

    in

    negotiation the

    participants must choose from a

    menu

    of al

    ternative strategies, each

    meaning

    a mix

    of

    tactics associated with an

    overall plan to achieve

    some

    objective

    through

    bargaining.

    The

    strategy

    menu

    can be

    thought

    of as

    a

    spectrum running

    from purely

    dis tributive tactics at

    one

    end

    ,

    through

    mixed

    strat

    eg

    ie

    s,

    to purely integrative

    tactics at the other.

    These

    general

    cate

    gories apply regardless

    of the

    number

    of

    parties, the issue

    under

    discussion,

    or

    the

    proposed deal's structure. The

    most

    lllill

    on

    strateg y

    known

    as

    distrib

    utive

    or

    value-

    cla

    iming is

    a set

    of

    actions

    that

    pro

    mo

    te

    on

    e party's

    go

    als

    by claiming value

    of some kind

    from

    other

    parties, making

    them

    worse

    off

    than

    before. Examples include tactics

    such

    as openin

    g

    with

    high

    demands

    ,

    refusing to make any concessions,

    ex

    ag

    gerating one's

    mi nimu

    m needs and

    misrepresenting o

    ne'

    s

    true

    priorities

    ,

    manipulating

    information

    to one's

    advantage,

    worsening others'

    alternatives

    to agreement, making

    threats, and

    actually

    imposing

    penalties. A defensive

    value-claiming strategy responds

    to

    such

    pressure

    with

    steps

    to

    offset

    them

    and

    protect

    against losing value.

    At

    the

    other

    end

    of

    the

    spectrum

    ,

    st

    ric

    tly integrative or value-creat

    in

    g

    tactics p romise to create joint gains

    th

    rough

    negotiatio

    ns with others

    whose

    objectives are n

    ot

    whoUy

    in

    conflict.

    T his doe

    s

    not mean

    merely

    making

    unre

    quit

    ed

    conce

    ssions; it

    is another

    w

    ay of making

    oneself better

    off than

    be

    fore

    the

    talks. At

    the

    outset,

    when

    the

    chances

    of reaching

    a mutual-gains

    deal are unclear,

    int

    egrative players

    often

    take steps

    to

    clear away

    some

    haze.

    They

    may propose joint research

    into

    a

    common

    problem; later, informal

    discussions

    to brainstorm

    possible

    so

    lution

    s are

    sometimes

    held,

    on

    the

    understanding

    that

    no one

    will be

    bound

    by

    anything

    said in such settings.

  • 7/13/2019 (Resumen) Negotiating the world economy.pdf

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    Generally this approach favo rs greater

    op enn ess with in

    fo rmation.

    One o f the most pot ent tr icks o f

    the trade is discovering

    opp

    ortunities

    for exc hanges of con cess ions that will

    leave each side better off on balance.

    Opp ortuniti

    es

    for such deals exist when

    nego tiatin g parti es privately rank two

    or more issues differently in priority.

    For example, if A a

    nd

    B are negoti atin g

    about two i

    ss

    ues, and

    if

    A privately ca res

    mo r

    e about 1 a

    nd

    less a

    bout

    2 while

    B cares mo re about 2 than 1, then an

    oppor

    tunity for joint ga in exists.

    Un d

    er such circum stances, if A will

    compromise on 2 in return for B 's

    conces

    si

    on on 1,

    both

    will

    ga

    in .

    But

    makin g thi s type of discovery- when

    all parti

    es

    have incentiv

    es

    to misrepre-

    sent

    th eir

    tru

    e inter

    es

    t

    s---;-

    requir

    es

    that

    nego tiators depart from firmly repea tin g

    their offic

    ial

    briefs, and instead

    as

    k one

    another about actual priorities while

    s

    haring informa

    tion a

    bout

    th e sam

    e.

    Before ch

    oo

    sing a strategy, th en,

    the plann er needs a sound diagnosis of

    the unde

    rl

    ying situ ation, which requir

    es

    as

    king

    wh

    eth er

    th

    e parti es' objec

    tives

    are

    compl etely inco nsistent or at least partly

    consiste

    nt

    with each

    oth

    e

    r.

    Answe

    rin

    g

    thi s

    qu

    es

    ti

    on acc

    ur

    ately is

    no

    simple t

    as

    k,

    th

    o ugh, given

    th

    e normal incentiv

    es

    to

    exaggerate

    or

    c

    on

    ceal

    tru

    e obj ec tiv

    es.

    A se nsible place to start,

    th

    en, is th e

    u

    se

    of market data to est

    im

    ate

    oth

    er

    c

    ountri

    es' obj ecti ve interests in th e

    matter at hand . In monetary affairs,

    is th e co untry runnin g a surplus o r

    a deficit in its balance of payments; is its

    c

    ur r

    ency

    und

    er d

    ow

    nward or upward

    pressure? n trade, do es it export or import

    the product or

    se

    rvice in

    qu es

    tion?

    Th e book di scusses a va riety of

    ways in whi ch market conditions shape

    th e pro cess

    of

    negotiation. Such matters

    help guid e decisions not only about

    th e c

    on t

    e

    nt of proposa

    ls

    but

    also abo

    ut

    tac ti

    c s

    for exampl e, who should be

    included and excluded from a neg

    o-

    tiatin g coalition.

    But

    govern me

    nt

    s o ften

    pl ace weight on intangible obj ectives

    like maintaining good relations with

    one anoth er even wh en som e of th eir

    specifi c interes ts clash.Wi se nego tiators

    will be

    se

    nsitive to these

    int

    angible

    o

    bj

    ectives and con straints as well .

    atching

    str tegy to situ tion

    Govern ments natura]jy gain the

    most wh en th ey s

    hr

    ewdly match their

    strategies to the situ ations they face. For

    example,

    if

    parti es' obj ec tives are entirely

    inconsiste

    nt

    a

    nd

    cannot be changed, a

    di stributive strategy is indica ted. But

    if

    th e parties' unde

    rl

    ying o

    bj

    ectives are

    partly con

    siste

    nt

    or subject to persu

    asion

    ,

    mixing integrative t

    ac

    ti

    cs

    into the strategy

    m

    ay

    gain

    mor

    e (or lose less) than a strict

    di stributive strategy, even

    wh

    en some

    main objectiv

    es

    are in conflict.

    For exampl

    e,

    in 1999 members

    of

    the WTO who accounted for th e bulk

    of world trade sa id they shared th e

    o

    bj

    ective of launc

    hin

    g a new round

    of

    negoti ations.Yet

    durin

    g

    pr

    epara

    ti

    ons

    for their fa

    mo u

    s ministerial conference

    in Sea ttle they adh ered ove

    rwh

    elmingly

    to distributive tac ti

    cs. Th

    e r

    es

    ult was

    an embarrassing and costly imp asse.

    Th

    e fiftee

    n nation

    Ca irns group of

    agri c

    ultur

    al ex

    port

    ers, for instance,

    demanded one way co ncessions

    from tho

    se who

    protect and s

    ub

    sidize

    fa

    rmi ng. Cairn s insisted on nailing

    down s

    ub

    stantial

    ga

    ins in the agenda

    itse

    lf

    , before the nego

    ti

    a

    ti

    on proper

    had even begun. Th e g roup wanted the

    EU

    and Japan to c

    ommit

    not

    onl

    y to

    substantially liberalize agriculture

    wh ich the latter accepted b u t also to

    bring ag riculture

    under

    th e same rules

    as trade in other goods by the end of

    thi s round.

    Th

    ey dema

    nd

    ed that the

    EU con cede that the negoti ating goal

    would be th e e lirnination of ex

    port

    s

    ub

    sidies. Mea

    nwhil

    e man y

    Ca

    irns

    members showed little enthusiasm

    for the EU

    's

    pri o

    ri

    ty

    propo

    sals o n

    investment, c

    ompetition, environment

    and

    la

    bor.

    For

    its part ,

    Brusse

    ls w

    as

    adama

    nt on

    agriculture and also on including these

    ambitious new issues for be

    hind th

    e

    border regulatio n through the WTo.

    The Europeans argued that a bro ad

    age

    nd

    a including th e latter offered

    chances for trading off issue areas w here

    priorities mig

    ht

    differ.

    Th

    ey

    al

    so argu ed

    that WTO agreements regulating nations'

    dom

    es

    tic polici

    es

    would be beneficial in

    th eir own right.

    [f so,

    th e

    EU

    strategy

    could be considered partially integrative.

    Many

    oth

    ers, however, viewed these

    new

    sc

    hem

    es as

    losses,

    not ga

    ins. D

    es

    pite

    widespread opposition in N orth as we ll

    as

    South , th e EU held firm for these

    demand

    s

    thr

    ough

    th

    e l

    as

    t d

    ay

    in

    Seattle- and beyond.

    N ego tiators for the U S, Japan,

    Indi

    a,

    and oth

    er

    developing c ountri es

    also held firm to their own vigorous

    distri butive

    ta

    cti

    cs

    rig

    ht

    to the e

    nd of

    the Sea ttl e meetin g.Th e Clinto n

    administra tion insisted that th e WTO

    s

    tud

    y how domes tic labor prac tices affect

    trade, even though dozens

    of

    developin g

    co

    untries

    had de

    cl

    ared for years that

    thi s would be a dea

    l br

    ea ker; at th e

    sa

    me tim e W

    as

    hin gton re

    fu se

    d even to

    discuss certain issues of prime interes t

    to develo

    pin

    g countri

    es

    . Meanwhil

    e,

    India led a small

    but

    vocal group that

    ad

    va

    nced demands for renego tiatin g

    many of th e WTO

    's

    rul

    es

    to

    th

    e

    advantage of developing countries

    w hile offe

    rin

    g no benefit for th e

    develop ed world.

    Th is combination of strictly

    di stributive strategi

    es

    r

    es

    ulted in th e

    sacrifi ce of economic opportunities

    that governm e

    nt

    s c

    ould

    have opened

    for many

    of

    th eir businesses. [t also cost

    their Orga ni

    za

    tion a se rious loss of

    credibility.

    But ju

    st two yea rs later the

    sa

    me gove

    rnm

    e

    nt

    s tried again , with

    both the EU and th e US shifting from

    stri ctl

    y

    di

    stributive to mixed strategi

    es

    .

    Oth er players reciproca ted, and in D oha

    th ey broke the

    imp

    asse and laun ched

    the new round in

    No v

    emb er 200 1.

    Wh at had changed?To begin with ,

    Pasc

    al

    Lam

    y,

    chief negotiator for th e

    EU, fell bac k from som e of the more

    ambiti ous term s he had b een demanding

    on th e new issues, indica tin g that he

    co uld se ttle for w eaker n ew rul

    es

    on

    in

    ves

    tm e

    nt

    a

    nd

    c

    ompetiti

    on po licy.

    Th e EU and an informal coalition

    working

    on

    competition policy agreed

    that individual decisions by competiti on

    authoriti

    es

    wo uld not be subj ect to

    WTO dis

    put

    e

    se

    ttleme

    nt

    , a

    nd

    suggested

    they might even se ttle

    fo

    r a plurilateral

    agreement

    fr

    om w hich any WTO

    memb er co uld opt o ut . A Friends

    of [nv

    es

    tm ent coalition led by Japan

    a

    nd

    including th e

    EU

    di

    sc

    u

    sse

    d an

    inves tm ent agreement whose principles

    wo uld not be binding exce

    pt

    for secto rs

    that each governm

    e

    nt

    c

    hose

    to offer on

    a positive st.

    3

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    On another front, the

    EU

    announced

    a unilateral

    concess ion

    to

    th

    e least

    developed me mbers, cutting import

    duties to zero on all their exports except

    arms. Lamy and his team also traveled

    during the year to several regional

    meetings of developing countries to

    woo th em. He remained firm on

    agriculture, however, and co ntinued to

    demand ma

    jor

    concessions regarding

    the environment, especia ly the recog

    nition of th e so- called

    prec

    autio nary

    prin

    ciple that could perntit greater

    r

    es

    tri c

    ti

    o

    ns

    against agric

    ultur

    al

    import

    s.

    [n

    Doha

    Lamy made additional

    compronuses, accepting a deal with

    little environment co

    ntent

    and wh ich

    co

    mmitt

    ed the

    EU

    to

    th e eventual

    elinunation of farm export subsidie

    s.

    Durin

    g 2

    00

    1 the

    US

    negotiating

    strategy also becam e more mixed. The

    n

    ew

    R epublican adminis

    tr

    ation dropped

    Clinton 's demand to discuss labor rights,

    thu s weake

    nin

    g the

    blocking

    coalj

    tion

    .

    [n O ctober, recognizing that a

    numb

    er

    of developing

    countries

    were placing

    heavy politi cal

    weight on the issu

    e

    of

    publi c health within the conte xt of

    th e

    WTO

    agree

    ment

    on inte lectual

    property rig

    ht

    s, ch

    ief

    US negotiator

    R obe

    rt

    Zo

    e

    Lli

    ck

    of f

    ered two limited

    c

    on

    ces

    si

    ons on that issue. After

    the

    developing country coalition res isted

    thi s att empt to spJjt them,

    Zo

    ellick

    fe l back still further in Doha on this

    issue and another-anti-dumping

    policy - where s

    eriou

    s gaps rema

    in

    ed,

    in

    exc hange for gains on other i

    ss

    ues.

    Given this leaders

    hip

    by th e trade

    superpowe

    rs, the n

    uddl

    e and sma l

    trading powers reciprocated by falling

    back

    quite

    substantially from th eir

    o

    pening

    positions as well . D eveloping

    countries accepted a new round

    that

    som e o f

    them tho

    ught was pre

    matur

    e,

    and with out mu ch tangible ga in on

    age

    nd

    a items th ey had said

    would

    be

    criti ca l for their asse nt. But th e result was

    that by late 200 1, with strategies better

    matched to th e situ ation on the gro

    und

    ,

    negotiators ga ined mo re th an in 1999.

    dding domestic

    politi s

    to the mix

    n pr

    ac

    ti

    ce th e situa

    ti

    on is

    al

    ways

    more co mpl ex than trus bri ef sketch has

    so far suggested.

    Thinkin

    g of co untries as

    undivided w holes with only national

    interes ts is a fine way to mi

    ss

    maj or

    opportunities and barr iers to agreement.

    Econonuc negotiators norm a

    ll

    y wo rk

    in the presence of politica l divisions

    bac k home, and must therefore barga in

    with constituents while talking to other

    government

    s.

    Th ese internal divisions

    often pose seri ous barri ers

    to

    in ter

    national agreement .Th e path followe d,

    and the eve

    ntu

    al gains

    or

    losses at the

    intern ational level,

    al

    so depend on

    do m

    es tic political conditions and how

    th ey are manage

    d.

    First, choices made during intern al

    barga

    ining can inject c

    ount

    erproductive

    tacti cs into inte

    rn

    ational talks. Early in

    2002 George W Bush granted increased

    protec

    ti

    on to US steel producer

    s,

    a

    mo

    ve

    that generated widespread protests and

    co ntradicted the Pres ident 's own policy

    of negoti atin g lowe r

    tr

    ade

    ba

    rriers in

    the world. At this tim e Bush lacked

    authority from Co ngr

    ess

    to con

    duct

    those intern ational negoti ations in the

    mo

    st

    effi

    cie

    nt

    ma

    nn

    er, so c

    all

    ed fas

    t- t

    r

    ac

    k

    authority. Some legislators re

    port

    edly

    demanded new steel

    prot

    ec tion as their

    pri ce for granting

    th

    at authority, while

    others demanded increased subsidies for

    US farm ers.

    Bu

    sh decided to

    gr

    a

    nt both

    dema

    nd

    s,

    taking

    two

    steps backward

    ,

    as a means of gaining an authority that

    was expected to help eventually to ra

    ti

    fy

    multilateral trade agreements that op en

    trade again . Co ngress did authori ze

    fas t-tr

    ac

    k authority that summer, by a

    tiny margin .

    Likewise at the end

    of

    th e pro cess,

    domes tic co nstraints ca n limit the gains

    that the

    nu

    xed-

    int

    e

    gr

    a

    tive

    strategy c

    ould

    theoretica

    ll

    y achieve. As discussed earlie

    r,

    dovetailing two c

    ountri

    es' different

    pri orities can crea te joint va lue.

    But

    setting national priorities implies

    downgrading som e demands, and most

    co nstituencies hate being sacrifi ced.

    This can make it awkward for the nego

    tiator to engage in open logrolling with

    her counterparts abro ad, even if national

    in teres t might so di ctat unl ess th e

    pro cess is kept secret.This is a reason for

    attempted secrecy, and one reason why

    trades of

    mutu

    al co ncessions are o

    ft

    en

    delayed until a las t-minute

    fr

    enzy ju st

    before a negotiating deadlin e.

    Whil

    e it

    would be mo re e

    ffi

    cient to get these

    trades on th e ta

    bl

    e ea rli er in th e ga me, in

    order to scrutini ze

    th

    e costs and benefits

    more accurately and to allow time for

    expl

    ora

    ti

    on

    of

    ways to improve jo

    int

    ga ins even more, sometimes dom es tic

    political co nditions make this imposs ible.

    Finally, the stri ct distributive

    strategy also depends on certain domes tic

    politica l conditions for its effec

    ti

    ven

    ess

    .

    For instance, impl ementing an econornic

    thr

    eat w

    ill

    alw

    ays be

    cos

    tl

    y to

    so m

    e

    int

    eres ts in the

    th r

    eatening country,

    and so nego tiation analysts always ask

    w hether th e threatener is bluffi

    ng

    .

    Th

    e credibi li ty of the threat depends

    on domes ti

    c political conditions in the

    thr

    eatenin g c o

    untr

    y.

    As a rule, the mo re dom es tic

    pl

    aye rs

    th ere a re w ithjn a

    thr

    eatenin g co

    untr

    y

    express ing o pposition to impl ementin g

    their own negoti ator's threa t, the less

    credibility that

    thr

    ea t w ill have in the

    target co untry- and hence the smaller

    the co ncession th e targe ted country

    w ill make, other things being equal.

    Th i

    s general

    propo

    sition helps acco

    unt

    for the different

    ou t

    c

    om

    es when the

    R eagan administration employe d the

    strict value-cla

    inun

    g strategy in

    tw

    o

    trade episodes be

    tw

    een 1985 and 1988.

    A key ex

    planation for the apparently

    paradoxical o

    ut

    c

    om

    w

    ith W

    as

    hin gton

    ga ining more from the giant EC than

    from Braz

    i l w as

    thatWasrungto n 's

    threat against Braz

    il

    was less credible

    than that directed at Europe. And th e

    difference in credibility derive d in large

    measure from much grea ter domes tic

    U.S. opposition to implementing th e

    threat in th e Braz

    il

    case. Several of th e

    sa

    me U.

    S.

    co mputer firms that were

    thought to be the beneficiari es of

    R eagan 's strategy indi ca ted priva tely

    to the

    Braz

    ilians

    th

    at they did not

    suppo rt carrying o ut th e threat.

    But th e expan sion of th e Co mmon

    Agricultural Policy to Spain

    dr

    ove

    U.S. farm ers into a unified fury, and

    ve

    ry f

    ew US

    in ter

    es

    ts spoke o

    ut

    for

    res traint in th at secto

    r.

    Negoti ators for Braz

    il

    and Eu rope

    monitored Am erica's domestic po liti cs,

    es timated the credibili ty of th eir

    Am erican co

    un t

    erpart 's

    th r

    eat, and

    acted accordingly T he first Am eri ca n

    thr

    eat

    fa il

    ed- for d omes

    ti

    c reason

    s-

    to co nv

    in

    ce

    Braz

    ilians un ambi g

    uou

    sly

    4

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    5/6

    RESE RCH RIEF

    that their alternative to a deal with the

    US really had worsened very

    much.

    But

    the second threat,

    coup

    l

    ed with

    apparent

    unity in the US private sector, left no

    doubrs in

    Europe

    that

    a high price

    would

    be paid

    without

    substantial concessions.

    ffsetting negotiator bis s

    Another key influence on outcomes

    is

    the biases the negotiators

    bring

    to the

    table Some pre-conceived mental map is

    of course essential in order to construct

    interpretations

    of incoming

    data,

    which

    reach the

    negotiator

    surrounded by

    much

    noise. But familiar cogn iti

    ve

    biases

    can also lead to sub-optimal results. For

    example, experimental studies document

    that

    se ll

    ers tend to frame a transaction

    as losing something they already own,

    and they tend to price th e

    object

    higher

    than independent observers with the

    same

    information. Many other

    studies

    have

    confirmed

    partisan bias, such as a

    tendency of partisans (absent debiasing

    mechanisms) to over-value their

    own

    concessions and under-value those of

    counterparrs, compared with va lues

    assigned by neutral observers having

    all the same

    information.

    It is easy to

    see how biases like these could impede

    negotiated agreement, even

    when

    a

    deal

    could

    benefit objective interests.

    Thus

    the potential gains from bargain

    ing, regardless of the strategy employed,

    increase to the

    degree

    that the

    negotiator

    uses tactics to

    compensate

    for his

    or

    her

    own biases and to take advantage of

    others biases.

    A final comparison bears ou t this

    point. In the late 1970s, the Mexican

    government

    engaged in two bilateral

    trade negotiations with the United States,

    the first

    concerning

    natural

    gas

    and

    the

    second vegetable exports.

    In

    the

    first instance, an effort by Petr61eos

    Mexicanos

    (PEMEX)

    to secure

    Washington s agreement for large gas

    exports

    ended

    in an impasse.

    In

    the

    second case, Mexi co s representatives

    persuaded Washington to se ttle a dispute

    threatening its exports of vegetables,

    mostly tomatoes. C

    ompeting

    Florida

    growers had filed a

    complaint un der

    the

    5

    US a

    nti-dumpin

    g statute. In the end,

    Washington determined that M exican

    producers had no t engaged in dumping

    and did not impose any

    new

    duty.

    M

    ex

    ico s tom

    ateros

    succeeded in keeping

    the

    U.S. mark

    et open,

    thus evading a

    lo

    ss that

    surely would have befallen

    them

    had they no t responded effectively to a

    new

    threat.

    Two key differences explain this

    difference in outcomes. First, the market

    circumstances had changed between the

    two events, and the United States

    objective alternative to an agreement

    with Mexico had worsened. The 1979

    oil cr isis accelerated US inflation,

    which

    added an argument against imposing

    ant

    i-dumpin

    g duties that

    would

    raise

    prices further.

    And

    second, Mexico s

    team in the first case fell victim to

    several classic judgment biases.

    The

    second Mexican negotiating team used

    de-biasing tactics to a greater extent

    and with greater effect, and added

    partially integrative tactics to devise

    a solution that met key

    White Ho

    use

    object

    ives.

    POLICY IMPLI TI ONS

    Negotiations between governments

    and

    internatio

    nal organizations are

    central to th e management of the glob

    al

    economy, and the economic and political

    outcomes depend

    on h

    ow

    these official

    negotiations are conducted. Running

    through

    this

    book,

    whose

    ideas this

    Briifhas

    on

    ly sampled, are practical

    implications for economic negotiators

    and those who direct them.

    The most general lesson is that

    sophisticated negotiation ana lysis will pay

    off. Th is mea

    ns

    usi

    ng

    some independent

    checklist of diagnostic questions, like those

    developed in this

    book,

    to

    determine

    where

    the

    im

    mediate case fits in the

    known patterns of bargaining situ ations

    and to help ant icipate possible pitfalls.

    This means negotiators should

    determine

    the type of situation they face

    before choosing a strategy, and they

    should recall the full range of strategy

    options, not only strict distributive

    tactics, which dominated in the WTO

    in 1999

    but

    less so in 2001. At the same

    time, a sophisticated analysis warns

    of

    the

    opposite dilemma .Adding integrative

    tactics to the

    mix

    inheren tly opens the

    economic diplomat to ex

    pl

    oitation,

    a different type of cost which must also

    be gua rded against.

    Whatever

    strategy is used,

    the

    international outcome will depend on

    prevailing domestic politic

    al

    conditions

    and

    how

    they are

    nuna

    ged. It

    is

    common

    place to observe that politicians face

    constituency pressures

    wh

    en negotiating

    over international deb t and trade,

    but

    how

    constituents behave also depends

    on

    how

    their leaders act toward them.

    For instance, leaders can consider forms

    of

    side payment to domestic constituents

    that do th e least h

    arm

    to international

    negotiations.

    They

    can avoid th e pitfall

    of

    makin

    g an exte

    rn

    al threat

    or counter

    threat when they lack the domestic

    support

    to car ry it out.

    They

    can launch

    international talks in order to create

    incenti ves for special interests to accept

    ref

    or ms at

    home.

    In add ition ,

    when

    attempting to create joint va lue through

    negotiation, part of the plan can include

    tactics and proposals to build support

    inside the domestic politics of partner

    countr ies.

    Finally, leaders should structure

    nego

    ti

    ations

    to

    help offset normal

    judgm

    ent

    biases that can reduce the

    gains What we can best control in a

    negotiation

    is

    o

    ur own

    decision. The

    lead negotiator can be asked to defend

    her

    plans before

    int

    ernal meetings

    of

    eq uals wh o play the role

    of

    deviJ s

    advocate. Leaders can structure nego

    tiation teams so that some

    member

    has

    the sole

    job

    of reporting on the

    ot

    her

    parties beliefs.

    In sum, leade

    rs

    should prepare thei r

    future economic negotiators with training

    not

    only in

    econ

    omic

    s and the subst

    an

    tive issues on the ta

    bl

    e,

    but

    also in

    negotiation itself.

    John S Ode

    is

    Projessor School

    o In

    temational Rel

    ati

    ons University o

    Southern

    Ca lifornia.

    Negotiating the World

    COI101 I I)'

    is

    available from Cornell University Press

    at www.comellpress.cornell.edu

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    RESE RCH

    BRIEFS

    OF THE EUROPE N

    UNION

    CENTER OF

    C LIFORNI

    Number 1,

    June

    1999,

    The Geography cif Money Benjamin J Cohen

    Numb

    er

    2, September 2000, The Myth

    o

    the Global Corporation LouisW. Pauly

    Number 3,

    December

    2000,

    Fellees and

    Neig

    hbors:T1le

    Politi l

    Geography o

    Immigration Control,Jea

    nn

    ette Mo ney

    Numb

    er 4 June 2001, Markets and

    Moral

    R egu

    lation:

    Cultural Change and the Si

    ng

    le Market Paulette Kurzer

    Number 5, September 2001, R eshaping National Intelli

    gence

    for an Age hiformation Greg

    ory

    F.Treverton

    Number 6 June

    2002,

    Constituting Federal

    Sovereignty Leslie

    Friedman

    Goldstein

    The

    opinions expr

    esse

    d in

    R esearch Briefs are

    those

    of

    the authors, and do not n

    ecessa

    rily repre

    se

    nt

    the views

    of

    the European Union Center

    of

    Cali fornia or

    its

    affiliates.

    For more

    inf

    ormation , please contact

    EUROPEAN UNION CENTE

    R

    OF

    CALIFO

    RN IA

    SCRIPPS COLLEGE

    1030

    COLUMB IA

    AVENUE

    CLAREMONT

    , CA

    LIFORNIA

    91711-3948

    TEL: 909) 607-8103 FAX: 909) 607-1192

    e

    -m

    ai l: eucenter@scrippscol edu

    www.eucenter.scrippscol edu

    6