Negotiating the Law of the Sea by James K. SebeniusNegotiating the Law of the Sea by James K. Sebenius

Negotiating the Law of the Sea

byJames K. Sebenius

Hardcover | July 5, 1984

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The Law of the Sea (LOS) treaty resuited from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations.

Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

James K. Sebenius is Assistant Professor of Public Policy, John F. Kennedy School of Government, Harvard University.
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Title:Negotiating the Law of the SeaFormat:HardcoverDimensions:264 pages, 9.25 × 6 × 0.03 inPublished:July 5, 1984Publisher:Harvard

The following ISBNs are associated with this title:

ISBN - 10:0674606868

ISBN - 13:9780674606869

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Table of Contents

Introduction

PART ONE: AGREEMENT IN THE SMALL, DISAGREEMENT IN THE LARGE: FINANCIAL ARRANGEMENTS AND THE LAW OF THE SEA CONFERENCE

I. Background: Of Nodules, Navies, and Negotiation

1. Setting the Stage

2. Whence the Law of the Sea Conference?

3. Conference Organization and Procedures

4. Financial Arrangements in the Seabed Regime of the LOS Treaty

5. Summary

II: Course of the Financial Negotiations

6. Themes in the Chronology

7. The 1977 New York Session

8. The 1978 Geneva Session

9. The 1978 New York Session

10. The 1979 Geneva Session

11. The 1979 New York Session and Beyond

12. Appendix 1: The Detailed Financial Arrangements Proposals

13. Appendix 2: Description of the MIT Model

III: Elements of Agreement

14. Diverse Factors in Agreement

15. Use of an Outside Model

16. Agreement as the Result of Differences

17. Combining Issues

18. Summary

IV: Disagreement in the Large: Explanation and Evaluation

19. A Framework for Negotiation Analysis

20. Evolution of the U.S. Negotiating Strategy

21. The Shape of the Final LOS Treaty

22. The Central Trade: Navigation and Nodules

23. What Happened? Explaining the Reagan Decision

24. Evaluating the Decision to Reject the Treaty

25. Summary and Conclusions

PART TWO: AGREEMENT IN NEGOTIATION: GENERAL PROPOSTITONS

V: Differences and Joint Gains

26. Beyond Common Ground for Negotiation

27. Elements of a Differences Orientation

28. More Formal Difference Analysis

VI: Negotiation Arithmetic: Adding and Subtracting Issues and Parties

29. A Common Point of Departure

30. Adding and Subtracting Issues

31. Adding and Subtracting Parties

32. Summary and Conclusions

Notes

Bibliography

Index

From Our Editors

The Law Of The Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations.

Editorial Reviews

Contains new insights about U.S. policy toward the Law of the Sea. The author's careful generalizations from the LOS case should be of great value to scholars and policymakers makers interested in negotiating international regimes.