A Study on the Conflict Resolution in International Negotiations.docx

a study on the conflict resolution in international negotiationsintroductionwith the development of social and economic globalization, international cooperation and trade are growing gradually. international negotiations are getting more complex and difficult. there are various negotiation forms. the scope of negotiations is largely enlarged. the process of negotiation is a way to resolve disputes or disagreement and then come to an agreement. international negotiations are mainly used to make the result of conflict legalized or a method for new conflict preparing. different countries have different languages, different culture have different values and ways of thinking. and different parties of negotiation have different interests. whats more, different countries have different political systems and law systems. therefore, there should be many conflicts in international negotiations. if the conflicts are not successfully resolved, the negotiation will reach a stalemate or fail and not benefit for both sides. it is very important to study the resolutions to conflicts in international negotiations.the purpose of this paper is to analyze conflicts in international negotiation and give some resolutions to solve these problems. the current study analyzes the negotiation and the reasons of conflict in international negotiation cases. this thesis studies the reasons of conflict in international negotiation and puts forward some relevant resolutions. it will analyze the reasons of conflicts lies in analyzing cases in international negotiation. firstly, the author read and collect lots of materials in academic articles published in books, periodicals and journals, and then classify, pick up the useful information. then, the author comes to a conclusion by analyzing listed cases. the paper consists of five parts. the first part is introduction. the second part is an overview of international negotiation. it talks about the definition and steps of international negotiation. the third part is reasons of conflicts in international negotiation. the forth part is resolutions to conflicts. the last part is conclusion.chapter one an overview of international negotiation1.1 definition of international negotiationnegotiation has a history as long as that of human civilization. the general meaning of negotiation is that people want to meet the social needs and safeguard their own interests, the two sides negotiating in order to properly solve a problem in the social life. the concept of negotiation is very broad, including not only formal negotiation between international organizations and enterprises, but also a variety of informal consultations and negotiations that happen in our daily life. with the progress of human society and the improvement in the level of civilization, peoples concept of consciousness constantly updated, the need for communication also gradually increased, human interaction and communication are more and more frequent, the ways of communication are more and more complicated, so negotiation is increasingly complex, especially the international negotiations. according to ilk, international negotiation has conflicts of interests. it is a process for parties involved to reach an agreement and put forward a clear proposal. 1.2the types of negotiationas jiang chun tang and jiang dong mei said in their book, negotiation, types of negotiation should be divided according to the content of negotiations. there are three main types of international negotiation. the first type is economic and trade negotiation .economic and trade negotiations are negotiations in which people seek their own economic interest objectives and parties involved have clear rights and obligations. the second type is science and technology negotiation. science and economic negotiation is the negotiation that the parties establish the rights and obligations between themselves on the problems of technology development, technology transfer, technical advice or services. the last one is political negotiation. political negotiation is an important part of the negotiations. political negotiation is a negotiation on international or domestic issues between governments, political parties, or public organizations to determine their interests, improve mutual relations and coordinate the behavior of the scales. for example, the negotiations hosted by the united nations and other international political organization, they discuss about international laws and human rights issues. 1.3 the general steps of international negotiationit is very important for negotiators to understand the negotiation process. as the famous writer, jeffrey edmund curry, said in his book, international negotiation, different types of negotiation have different procedures. the general formal negotiations can be divided into five major stages.the first stage is preparing stage. negotiation is a complex work. it is difficult for negotiators to predict what will happen. any experienced business negotiator will tell you that there is never enough time for preparation. good preparations must be made before negotiation begins. good negotiation preparation should be doing the following jobs: gathering information and planning strategies and tactics, formulating negotiating decision, protocol negotiation plan, completing the material preparation.the second stage is beginning of negotiation. as the saying goes, a good beginning is half done. the beginning stage is very important to negotiation. there are three steps in this stage. the first is negotiators; it should arrange the negotiators, choose the right person. the second is negotiating agenda. it should make negotiators know what they should do clearly. the third is gathering information.the third stage is detection and communication stage. in the stage, negotiators should listen to carefully and know each other by exchanging information. the fourth stage is consultation stage. this stage is the main part of negotiation. both parties hope each other to accept their views. the last stage is agreement concluding stage. the role of contract is restricting people and forcing them to perform their obligations. in this stage, both parties should read the contract clearly especially the clauses about their obligations clearly. if people default, they will get the corresponding punishment. chapter two reasons of conflicts in international negotiationinternational negotiations are getting more complex and difficult. before we study the resolutions on international negotiation, we should analyze the reasons of conflicts. there are many factors affecting the negotiations, including culture, interests, political system and law system and so on.2.1 culturewith the globalization of economy, cultural diversity is growing. people from different countries will find themselves cooperating with people from different cultures. the so-called international negotiation is a process of cross-cultural transaction among many nations. due to the different systems of political, law and economy between different countries，different negotiators have different cultural background, different methods to negotiate and different ways to think in international negotiation. there are three factors that affect negotiating in culture.2.1.1 languagesat first, different culture affect the selection and use of language. in the twentieth century, culture emerged as a concept central to anthropology, encompassing all human phenomena that are not purely results of human genetics. specifically, the term culture in american anthropology had two meanings: the evolved human capacity to classify and represent experiences with symbols, and to act imaginatively and creatively; and the distinct ways that people living in different parts of the world classified and represented their experiences, and acted creatively. excluding minority dialects, there are about 2790 languages. there are 13 languages which are spoken by more than 50 million people. they are chinese, english, hindi, russian, spanish, german, japanese, french, indonesian, portuguese, bengali, italian and arabic.a nations language is closely linked with its culture. in cross-cultural communication, different culture has obviously restricted relationship with negotiating language, like japanese and american. in negotiation, americans are enthusiastic, they like to express their intention directly. and americans like to argue, their words are adversarial and their tones are firm. however, japanese are different. in order to preserve face of both parties or face of group, they often speak implicitly even they dont agree with others opinion, they also hardly refuse or refute directly, they express their view indirectly.whats more, negotiators are difficult to understand the meaning of what other party talk in international negotiations. the most typical example is the use of “yes” and “no”. once there had a negotiation between an american company and a japanese company. in the negotiating process, the americans were very happy that the japanese always said “yes” when they put forward an opinion. they thought this negotiation was very successful until they ask them to sign a contract, they shocked to found that the japanese were expressing their friendship when they say “yes”. the yes that japanese said was the meaning that they hear you, but not the meaning of i agree with you. “yes” has many meanings, besides “i hear you” and “i agree with you”, it also can express the meaning that “i understand the question” and “i will consider it”. and the word “no” is also very complicated. sometimes there will have conflicts when you say no to others, so people generally say no indirectly. they often use some fuzzy words. for instance, brazilian often uses “some what difficult” instead of “impossible”. it will waste time if you have dont understand their true meaning. therefore, we must try to understand others culture, others values and customs, it is the only way to send and receive information correctly.2.1.2 valuesvalue is ones total evaluation and views to the objective things that surround themselves. it decides views of a man and what actions people will take. it decides peoples beliefs and attitudes. different cultural background has different values. the westerns and the easterners are having different opinions in individual consciousness and group consciousness. for example, china is an old country. they look face very important. china is influenced by confucian culture deeply. they emphasize the harmony of person, mutual cooperation to complete the task they focus on the collective. and their decisions are depend on their group, but not the individual. however, westerners are not. westerners advocate individualism, independence, freedom, and equality, competition. the core of their values is through their hard work to realize their own values. so they always focus on ability of individuals.a company of brazil purchase equipment in usa. the negotiators of brazil were later because they spend much time shopping. when they reached the venue of negotiation, they were late than the scheduled time of 45 minutes. the representatives of american were very angry. they criticized brazilian on the behalf of non-compliance with time, no credit, and if the behavior happened next time, it was difficult to cooperate in the future. they think wasting time is a waste of resources, waste of money. the representatives of brazil were very sorry about this. they were nervous to bargaining. the americans are in the position of dominant in this negotiation. the brazilian hurried to sign the contract with americans. after they calmed down, they found they suffered heavy losses. so time is very important. the concept of time is different. generally speaking, the developed countries have developed from the industrial revolution into the information age, the pace of life and work speed up, and their concept of time is strong. especially americans, many americans have the concept that time is money. but the concept of time of the middle east and latin america weak, they think that time should be used to enjoy.2.1.3 ways of thinkingdifferent culture causes different ways of thinking. ways of thinking play a guide role in peoples behavior, so they also affect negotiations. for example, the japanese has typical oriental way of thinking. because of his island geographic environment, long-term isolation with the outside world in history and the influence of confucianism, they used to observe things from the overall features, analyze things from global view. and the westerners focus on the logical. they divided a whole thing into parts, so that they can research things in nature. 2.2 other factorsthere are many reasons to affect the international negotiations. besides the element of culture, there are also other reasons to cause conflicts. they are interests, political system and law system.2.2.1 intereststhe purpose of negotiation is to redistribute that potential. one party will always arrive at the negotiation table in a position of greater power. that power may derive from the extent of the demand or from the ability to supply. both parties want to maximize their interests, so it is hard to avoid interests conflict in international negotiation. it is one of main reasons to cause conflict in negotiation. like a cake, that divide into two parts, but one part is bigger, the other is smaller. both sides of negotiation want to get the bigger one. it must have disagreement in the negotiation.2.2.2political systemchanges in the political environment usually influence the contents of the negotiations, the process and even the implementation of the agreement a lot. thus, the negotiating parties attach great importance to the analysis of the political environment in international negotiations, especially the international situation. the political state of counterparty, the current situation and tendency of the bilateral or multilateral relations should be given serious and deep analysis. political system of a country determines its overall economic performance and its structure, the stability of the political state often determines whether negotiations can proceed smoothly between the two countries. for example, some developing countries had executed nationalization policies in post war years, which resulted in the deprivation of foreign capital. still now developed countries would think over and over again when negotiating with developing countries. another example is the iran-iraq war leaded to huge losses in many countries. china, as the engineering contractor in the project in iran and iraq was forced to stop trading goods between the two countries. what these illustrate is conflicts may follow the political system and the changes of political state. 2.2.3 law systemthrough negotiated agreements will usually be recognized in the form of the contract, only legal agreements are protected by law. international negotiations often involve legal issues in different countries, such as eligibility of parties of the negotiations. that is whether negotiating parties have compliance eligibility and performance capabilities in terms of the law.signing capacity is mainly to see whether it is a legal person or other authorized agent or the range within the provisions of the articles of association. for example, if the use of the companys staff as the companys authorized but did not get an agreement out personal behavior, the company does not assume legal responsibility. in addition, the foreign trade rights are licensed, there is a quota of some commodities, and not all companies can operate. performance capabilities mainly depend on the other sides ability to examine implementation of the agreement; some companies have already faced a very big risk and may soon face bankruptcy. it is hard to say whether they have performance capability this time. after the global financial turmoil of 2008, there are many companies have suffered serious losses. it is very different among countries that the performance ability of the relevant regulations and contracts. the validity of the contract, the result of negotiation is to reach an agreement between two sides. only if the contract conforms to law, it is protected by law, or it can be cancelled without legal protection. if you do not understand the law of contracts of other countries, the conflicts will inevitably arise during the negotiations.chapter three resolutions to conflictnegotiation is a complex work. it is difficult to predict what will happen. culture, interests, political system, law system are the main reasons causing a stalemate in negotiations. different conflicts have different resolutions. in order to avoid conflict in negotiation, negotiators should prepare well. the chapter studies resolutions according to those reasons. there are many resolutions to resolve conflicts.3.1resolutions to cultural problemsdifferent cultures have different languages, different values and different way of thinking. it is one of main reasons to conflicts in international negotiation. so if we want to negotiate smoothly, we should take actions to resolve cultural problems.negotiation is a complex work. the negotiators are difficult to predict what will happen. culture is one of the reasons causing a stalemate in negotiations. a good preparation is a key note to have a successful negotiation. if we have a negotiation in hurry, we will know little about our partner and it is difficult to get the most benefits during the intercultural negotiation. in order to avoid conflict in negotiation, negotiators should prepare well before negotiating. it is a good resolution to resolve conflict. next i will give some advice to negotiators. first negot