Markers of a negotiating text

Although there are no rules governing the structure, style or contents of a negotiating text, there are three main markers for such a text. Firstly, the key marker of a negotiating text is that the proposals from parties are no longer distinct and attributed to their proponents, but are merged, consolidated and integrated into common text. Removing the names of proposing parties is particularly important for bargaining to start. Without attribution, the text is less personalized, and it is...

Negotiation by exhaustion

'Negotiation by exhaustion' is often used to refer specifically to the final 24 to 48 hours of negotiations, where delegates and the organizers work round the clock, often without rest or sustenance, to secure a final deal (or indeed admit failure), almost invariably after the scheduled end of negotiations. This final marathon session typically comes at the end of an increasingly intense week or more of negotiations, where formal, informal and unofficial meetings have also gone on late into the...

Global intergovernmental negotiations Challenges

While all negotiations share the same fundamentals, specific negotiation types merit separate study. These are usually differentiated by the type of negotiating parties (e.g. individuals, labour organizations, governments) and their number. The particular negotiation type upon which we focus is a global intergovernmental negotiation, that is, where the main negotiating parties are sovereign states and the negotiation involves many such states. State governments are intricate negotiating...

Forcing consensus

Another means of overcoming the threat of procedural blockage is for the Chair to exploit the leverage granted to him her by the lack of an agreed definition of consensus. As discussed in Chapter 4, this is an extremely delicate task, requiring the Chair to make a careful judgment on whether, when pushed, a party will consent to a decision, or whether the issue is of fundamental importance to that party, and it will therefore insist on obstructing a consensus. In this respect, the Chair relies...

Making statements

Making statements in plenary meetings has long been an established channel for NGOs to input into the climate change negotiations. At its very first session, for example, the INC gave effect to the explicit call in UNGA resolution 45 212 for NGOs to 'make contributions' to the negotiations on the Convention see above by inviting 'two observers representing different groups of non-governmental organizations in effect, the BINGOs and ENGOs . to speak at the end of the general debate'. Statements...

The roles of presiding officers

There are several different ways in which presiding officers can exercise process-oriented leadership to help overcome the challenges faced by global negotiations. Strategic organization of the negotiation process Central to the exercise of leadership by the COP President and subsidiary body Chairs, as presiding officers of the Convention bodies, is overall strategic organization of the negotiations, usually in partnership with the secretariat. Examples of such strategic organization relating...

Greater procedural equity

At one level, the impact of this consensus imperative could be said to have generated greater procedural equity in the negotiations, as it meant that even the views of small minorities had to be accommodated in a consensus, rather than simply being outvoted. As one interviewee argued, 'if the case deserves attention and they minorities could be steamrollered, you would want them to have the opportunity to reach a decision by consensus'. The resulting content of the Protocol therefore...

Primary material Official documentation statements and related material

Decisions cited may be found in part II of the report of the relevant COP session. Decision 18 CP.4, for example, can be found in the COP 4 report, part II. UN resolutions cited are available at www.un.org. AGBM 2 1995 Second session. Exchange between Estrada and delegates. AGBM 2 0059, cassette recording held with secretariat AGBM 4 report, Report of the Ad Hoc Group on the Berlin Mandate at its fourth session, Geneva, 11-16 July 1996. Document FCCC AGBM 1996 8 AGBM 6 1997 Sixth session....

The challenges of the climate change negotiations

Difficulties Delegation

As discussed in Chapter 2, two defining characteristics of global intergovernmental negotiations are complexity and inequality. The climate change negotiations exemplify these characteristics absolutely, exacerbated by the malign nature of climate change itself, as outlined above. This raises challenges to the successful unfolding of the climate change negotiations. Table 3.1 The three main phases of the climate change negotiations Period Phase and meeting held Summary Table 3.1 The three main...

Promoting a bargaining atmosphere

The main purpose of informal arenas is to promote a more constructive bargaining atmosphere. An important element in this is simply the smaller number of delegates taking part in informal arenas compared with plenary meetings. The number of people actually present at an informal group will vary widely depending on the interest in the topic. The flexibility mechanisms contact group, for example, which met during the post-Kyoto negotiations, was always very well attended, with 100 or more...

The climate change negotiations and the climate change regime

Despite its uniquely malign characteristics, governments were able to agree a regime, and embark on a continuous negotiation process centred on that regime, to address the problem of climate change.7 The nature and structure of the climate change regime, and the phases of the climate change negotiation process to date, are discussed below. The focus of this book is on the period since the entry into force of the UNFCCC and the first Conference of the Parties COP 1 in 1995, that is, comprising...