R. Klingbeil & G.J. Nasr, 2013. Guide on Climate Change Negotiations for Representatives and Negotiators from Arab Countries - Negotiation Guidelines.

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Klingbeil, R. & Nasr, G.J., 2013. Guide on Climate Change Negotiations for Representatives and Negotiators from Arab Countries - Negotiation Guidelines. Presentation at the ESCWA - LAS "Regional …

Klingbeil, R. & Nasr, G.J., 2013. Guide on Climate Change Negotiations for Representatives and Negotiators from Arab Countries - Negotiation Guidelines. Presentation at the ESCWA - LAS "Regional Training Workshop on Capacity Development for Climate Change Negotiations for the Arab Countries", Amman, Jordan, 22-24 Oct 2013.

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  • 1. Guide on Climate Change Negotiations for Representatives and Negotiators from Arab Countries Negotiation Guidelines Ralf Klingbeil, Regional Advisor Environment and Water George J. Nasr, ESCWA Consultant
  • 2. Outline 1. Initial Preparation 2. 3. 4. 5. The UNFCCC Negotiating Process Coalitions Notes on Draft Text Negotiating a Draft Text 26-Oct-13 CC Guidelines - Negotiation Guidelines 2
  • 3. Initial Preparation 1 • Most critical phase of the negotiation process. – Begins even before the negotiation itself, – Develop a negotiating position based on their country’s : • instructions, • its core interests. • Three Elements; 1. Familiarization, 2. Mobilization, 3. Documentation. 26-Oct-13 CC Guidelines - Negotiation Guidelines 3
  • 4. Initial Preparation: Familiarization 1 Negotiators should familiarise themselves with: • Relevant convention text, rules of procedure, COP decisions and other relevant documents. • their country’s needs with regards to related cross-cutting issues. 26-Oct-13 CC Guidelines - Negotiation Guidelines 4
  • 5. Initial Preparation: Mobilization 1 The negotiating team has to be identified and mobilized well in advance. • Need sufficient time to become familiar with the arcane details of the process. 26-Oct-13 CC Guidelines - Negotiation Guidelines 5
  • 6. Initial Preparation: Documentation 1 Prepare a set of briefing papers and statements • • • • 26-Oct-13 Help initiate the negotiation process, Potentially pre-empt any positions from other parties that run counter to the home country’s core interests. Identify a checklist of items and basic materials to bring along the negotiations. Key Items: • Agenda item number and title, • Documents for discussion, • Articles and provisions of the UNFCCC and/or the relevant protocol, • previous decisions, conclusions or recommendations, with a focus on the immediately preceding session, • If known, the positions of other Parties or interest groups, especially relative to the national goals, • The national outcome that is sought CC Guidelines - Negotiation Guidelines 6
  • 7. Outline 1. Initial Preparation 2. The UNFCCC Negotiating Process 3. Coalitions 4. Notes on Draft Text 5. Negotiating a Draft Text 26-Oct-13 CC Guidelines - Negotiation Guidelines 7
  • 8. UNFCCC Negotiations UNFCCC and COP negotiations are “holistic” by nature: they tend to involve several related and cross-cutting issues Two generally used Negotiation tactics: 1. Distributive negotiation. • “hard-bargaining”: based on the model of haggling in a market. • Assumes a “zero-sum” game with either winners or losers. 2. Integrative negotiation. • Rather than assuming a “fixed pie”, attempts are made to “expand the pie” • Strives to create value in the course of the negotiation. • Focuses the underlying interests of the parties. Approaches problems as a shared issue, then strives to solve it by focusing on objective and/or principled criteria . • applicable to the context of the UNFCCC and COP 26-Oct-13 CC Guidelines - Negotiation Guidelines 8
  • 9. The UNFCCC Negotiating Process 2 Generally: • Easily resolved issues: addressed and resolved first, • More complex / difficult issues: – referred to contact groups or working groups. • Existing bodies, • Established at the session. Their task is to meet and carry out their mission, and then report back to the plenary on their results. – All interested Parties are invited to participate in these bodies and groups 26-Oct-13 CC Guidelines - Negotiation Guidelines 9
  • 10. The UNFCCC Negotiating Process 2 Negotiators may make oral “Interventions” as the negotiations move towards various “expected outcomes”. 1. Representative must be recognized and granted permission by the President or Chairperson of the negotiating session. • Raises their country’s name placard, or “country flag” in the air, or sets it on its end in its card holder. • The representative is placed on a speaking list. • Raising a point of order in case of concerns that proper rules of procedure were not followed; making a “T” sign with country placard and hands. 2. Once a representative has been granted permission to speak: 1. Put forward their country’s position; 2. Raise a point of order; 3. Table a motion. delaying tactics: motions can deflect discussion from substantive issues 26-Oct-13 CC Guidelines - Negotiation Guidelines 10
  • 11. The UNFCCC Negotiating Process 2 Addressing the Plenary Session Ensure that: • Representatives have been granted permission by the head of delegation to speak on their country’s behalf, • Coalition representatives have first taken the floor. An intervention to the Plenary Session is made up of: 1. Brief acknowledgement of the President/Chairperson; 2. Statement whether the motion is either on associated with the position of a larger group, or is on behalf of a larger group; 3. Importance of the issue at hand for the country or coalition; 4. Remain positive and remark on positive aspects of the negotiation; 5. Make a clear and concise statement; 6. if necessary: offer alternative viewpoints to previous interventions; 7. concluding remarks that highlight the reasonableness of the expressed position 26-Oct-13 CC Guidelines - Negotiation Guidelines 11
  • 12. The UNFCCC Negotiating Process 2 Expected Outcomes • “Declarations” that merely reflect a form of a consensus or majority opinion, • “Conclusions” or “Recommendations” that represent the outcomes of subsidiary body negotiations, • “Decisions” are the only legally binding conclusions. 26-Oct-13 CC Guidelines - Negotiation Guidelines 12
  • 13. Outline 1. Initial Preparation 2. The UNFCCC Negotiating Process 3. Coalitions 4. Notes on Draft Text 5. Negotiating a Draft Text 26-Oct-13 CC Guidelines - Negotiation Guidelines 13
  • 14. Coalitions 3 By consolidating many parties into fewer negotiating groups, they help make the negotiations more manageable. Membership in one regional or interest-based negotiation coalition does not preclude membership in others 26-Oct-13 CC Guidelines - Negotiation Guidelines 14
  • 15. Coalitions: +/3 (-) Membership can have some disadvantages • Consensus can be difficult to achieve, or to shift once it has been reached. • Risk of conflicting interests, since one country can be member of many coalitions. • Risk of “lock in”; parties may find it difficult to move between coalitions. (+) Coalitions play a valuable role for smaller developing countries • Help both increase negotiating leverage, • Help avoid duplication of efforts through synergies, reduced costs. • Highlight points of views that might otherwise be overshadowed. 26-Oct-13 CC Guidelines - Negotiation Guidelines 15
  • 16. Current Coalitions: (1/2) 3 • G–77 and China: – Largest coalition in the UN, – Initiated in 1964: 77 developing countries issued “Joint Declaration of the Seventy–Seven Countries”, – Grew to include China, – Now totals 132 members countries, representing 3.5 Billion people. • Small Island Developing States (SIDS): – Its members share similar developmental challenges, mostly lack of resources, remoteness to trade routes, and relatively greater susceptibility to natural disasters and other negative impacts of climate change. – The Alliance of Small Island States (AOSIS) was established to serve as an ad-hoc lobbying and negotiating group for SIDS member states on climate change issues. • European Union (EU): – Established in 1992 following the Maastricht Treaty. • Africa Group: – 53 members states all located within the African continent, and pursue specific interests on issues that may differ from those of the wider G–77 and China. 26-Oct-13 CC Guidelines - Negotiation Guidelines 16
  • 17. Current Coalitions: (2/2) 3 • Organization for Petroleum Exporting Countries (OPEC): – Focuses on protecting the interest of petroleum exporting countries. – OPEC itself does not speak as a bloc in the climate negotiations, its member states frequently take the floor to support each other’s negotiating positions. • Least Developed Countries (LDCs): – Economic grouping made up of countries of less than 75 Million population that have low income and weak human resources. – Currently includes 50 LDCs, half of them in the African continent. – Has recently been negotiating more cohesively as a unit, • Other Groups: – JUSSCANNZ; formed for negotiating purposes by developed countries that are not members of the European Union (EU), – Based on the United Nations (UN) definitions; • • • • • Africa, Asia (including the Pacific), Central and Eastern Europe, Latin America and the Caribbean (GRULAC) Western Europe and “Others” like Australia, Canada, New Zealand, and the United States (WEOG). – Episodic groups that intervene as a separate negotiating bloc in last-minute negotiations; “Environmental Integrity Group”, made up of Mexico, the Republic of Korea and Switzerland. 17 26-Oct-13 CC Guidelines - Negotiation Guidelines
  • 18. Coalitions and ESCWA Members 3 26-Oct-13 CC Guidelines - Negotiation Guidelines 18
  • 19. Outline 1. Initial Preparation 2. The UNFCCC Negotiating Process 3. Coalitions 4. Notes on Draft Text 5. Negotiating a Draft Text 26-Oct-13 CC Guidelines - Negotiation Guidelines 19
  • 20. Notes on Draft Text: Key Elements 4 • Notes on the Negotiating Language – Highly technical language. – Be mindful of the subtleties of the language: • Phrases that appear innocuous at first reading actually, have a “long history” and often “mean more than they seem”, • Grammatical formulations have a significant difference in country commitments: – verb tense (“should” and “shall” or “may” and “must”) can convey vastly differing levels of commitment. • “Qualifying language” can enable, lessen, or even undermine the mandatory nature of actions to be undertaken. – “as appropriate” lessens the obligation, – “as necessary” may minimize, – "to the extent practicable” would allow it to be entirely avoided. 26-Oct-13 CC Guidelines - Negotiation Guidelines 20
  • 21. Outline 1. 2. 3. 4. Initial Preparation The UNFCCC Negotiating Process Coalitions Notes on Draft Text 5. Negotiating a Draft Text 26-Oct-13 CC Guidelines - Negotiation Guidelines 21
  • 22. Negotiating a Draft Text 5 • Prior to evaluating the text: – “Best Alternative to Negotiated Agreement” (BATNA); • What's the “walk-away” position? • Then, go through a checklist of items to verify 26-Oct-13 CC Guidelines - Negotiation Guidelines 22
  • 23. Notes on Draft Text: Resolution Structure 5 1. Title: • Simple statement that reflects the content and purpose of the resolution or decision. 2. Preamble (no binding legal value): • Offers a “background” to justify the need for the resolution or decision text. 3. Decision Text (legally binding): • Operative part; prevails over the preamble, • Paragraphs of decision text often begin with “action” words such as “decides to” or “decides that”. 26-Oct-13 CC Guidelines - Negotiation Guidelines 23
  • 24. Negotiating a Draft Text: Origin 5 • Formally, a text is 1. Brought back to the plenary session for formal adoption 2. After having been presented at contact group deliberations. • Alternatively: 1. A draft text is usually first circulated informally to a range of delegations or coalitions. 2. As the draft gathers the necessary support, it is then tabled for broader discussion, 3. At this point: • it may be circulated by the Secretariat to all delegations as official conference documents. • The initiating party delegation or entity would formally introduce the proposed text for consideration before the plenary body or the relevant contact group. • This generally ensures substantial support. A text introduced without preparation risks being bogged down in protracted negotiations. 26-Oct-13 CC Guidelines - Negotiation Guidelines 24
  • 25. Negotiating a Draft Text: Disagreeing 5 Disagreements over portions of text are dealt with in a step-by-step, iterative approach: 1. Putting contentious words, sentences or paragraphs in “square brackets”. • Clearly reflect those portions of the text that has yet to be agreed upon by all Parties. 2. The document will then keep growing: • Parties may request new text to be included, • Parties may request that other parts of the document shall be bracketed. 3. After a document has incorporated most views: • The text can then be “unbracketed” 26-Oct-13 CC Guidelines - Negotiation Guidelines 25
  • 26. Negotiating a Draft Text: Key Tips (1/2) 5 • Clearly identify all the text related to the home country’s negotiating position – Ensure its integrity is maintained, – Prepare alternative drafts or brackets. • Avoid an excessive focus on "words" • Watch the brackets: – Has [shall] morphed into [should] or [may]? – One negotiating strategy is to bracket multiple paragraphs. • Do not to agree to: – The removal of text in any given part, • Unless it is still inserted in another portion of the document. 26-Oct-13 CC Guidelines - Negotiation Guidelines 26
  • 27. Negotiating a Draft Text: Key Tips (2/2) 5 • Ensure that: – – • The general sense is maintained. The substance of a sentence or paragraph is not “traded away Monitor Additions: – Any weakening language; “if appropriate”, “if necessary”... – New Concepts 26-Oct-13 CC Guidelines - Negotiation Guidelines 27
  • 28. Thank you for your attention 1. 2. 3. 4. 5. Initial Preparation The UNFCCC Negotiating Process Coalitions Notes on Draft Text Negotiating a Draft Text 26-Oct-13 CC Guidelines - Negotiation Guidelines 28
  • 29. Guide on Climate Change Negotiations for Representatives and Negotiators from Arab Countries Negotiation Guidelines Ralf Klingbeil, Regional Advisor Environment and Water George J. Nasr, ESCWA Consultant