Elements of a Successful Negotiation LDC Nairobi Workshop © Ian Fry

Creating Bargaining Power: Creating bargaining power is the first step in a successful negotiation. To create bargaining power, you must have something to trade or bargain with. LDC Nairobi Workshop © Ian Fry

In Multilateral Environment Agreements, you may have “assets or disadvantages” 1.Assets: These are resources that others want to have or want to preserve 2. Disadvantages: These are disadvantages that others feel responsible for or feel that they should do something about. LDC Nairobi Workshop © Ian Fry

Tips for Building you Bargaining Power: To build your bargaining power you may need to: Form coalitions Highlight your assets or disadvantages LDC Nairobi Workshop © Ian Fry

When best performed, negotiation is a matter of Parties building decisions based on a package Package building Steps: Usually negotiation packages are built through a few key steps: Finding the Ripe Moment Forming the Core Group Finding Tradeoffs LDC Nairobi Workshop © Ian Fry

Finding the Ripe Moment: In big time MEA negotiations, “ripe moments” often come when there is a mutually hurting stalemate and a recent or impending catastrophe. LDC Nairobi Workshop © Ian Fry

Tips for being part of the Ripe Moment Make sure you follow the negotiations at all times Have informal discussions with other key negotiators Consider whether the issue is significant enough for Ministers to decide upon While you still have bargaining power, hold off, don’t give in too early. Often agreements are reached by a process often known as “negotiation by exhaustion” LDC Nairobi Workshop © Ian Fry

Forming the Core Group: In building a package usually a small, core group of key Parties is formed to lay down the issues that are part of the package. LDC Nairobi Workshop © Ian Fry

Tips for being Part of the Core Group: Make it known that you are speaking on behalf of a coalition of countries Indicate to the other key Parties (usually informally) that you may have some solutions LDC Nairobi Workshop © Ian Fry

Finding tradeoffs Finding tradeoffs is a key element to allow everyone to agree. They aim to give something to everyone. LDC Nairobi Workshop © Ian Fry

Tips for Finding Trade Offs: 1. Use an Exception 2. Create a Narrow Start 3. Offer a Broad Brush Approach 4. Provide a Compensation Clause LDC Nairobi Workshop © Ian Fry

Watch out of Package Build Traps There are a few traps in package building that you may need to watch out for: LDC Nairobi Workshop © Ian Fry

Watch out for Package Building Traps Sequential packaging: Some will build a package sequentially so that the things they want come first Unrealistic Offers: Some Parties may make an offer that they know is totally unacceptable to other Parties. “We tried” LDC Nairobi Workshop © Ian Fry

Slippery Negotiating Words

As appropriate, if appropriate, as necessary, if necessary (Conditional words, which gives discretion to country to decide whether the action is appropriate or not) LDC Nairobi Workshop © Ian Fry

Developing and implementing, prioritized projects identified in their national communication.

LDC Nairobi Workshop © Ian Fry Developing and implementing, as appropriate, prioritized projects identified in their national communication.

LDC Nairobi Workshop © Ian Fry Consider: (Think about further and not necessarily make a decision)

LDC Nairobi Workshop © Ian Fry Decides at its eight session, to implement insurance-related actions…

LDC Nairobi Workshop © Ian Fry Decides to consider, at its eight session, the implementation of insurance-related actions…

LDC Nairobi Workshop © Ian Fry May: (Optional requirement at discretion of Party carrying out the action) The developed country Parties, may provide financial resources…. Should: (Non compulsory requirement) The developed country Parties, should provide financial resources…. The developed country Parties, should provide financial resources…. Shall: (Compulsory requirement) The developed country Parties, shall provide financial resources….

Organize a workshop: (When a agreement on action cannot be made, an often used fallback and delay mechanism is to organize a workshop) Requests the secretariat to organize before the sixteenth sessions of the subsidiary bodies a workshop on revised uniform reporting… LDC Nairobi Workshop © Ian Fry

Towards: (Never getting there)

Take steps to devise a process for the appropriate transfer of technology LDC Nairobi Workshop © Ian Fry

Take steps to devise a process towards the appropriate transfer of technology LDC Nairobi Workshop © Ian Fry

Intention of some countries: Parties agree to establish an intergovernmental negotiating committee, by the end of this year, to negotiate an international forest convention

LDC Nairobi Workshop © Ian Fry Negotiated outcome: Within five years, on the basis of the assessment referred to in 2(e) above, consider with a view to recommending parameters of a mandate for developing a legal framework on forests.

LDC Nairobi Workshop © Ian Fry Plain English translation It will take up to five years to start to thinking about a process which will consider the outcomes of the assessment process in 2(e). Then we may possibly recommend some thoughts on doing something about whether or not to develop a very general overview on forests which may or may not be legally binding

LDC Nairobi Workshop © Ian Fry Article Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with the aim that Contracting Parties, in particular those that are developing countries, which provide genetic resources are provided access to and transfer of technology which make use of those resources, on mutually agreed terms, including technology protected by patents and other intellectual property rights, where necessary, through the provisions of Articles 20 and 21 and in accordance with international law and consistent with paragraphs 4 and 5 below.

LDC Nairobi Workshop © Ian Fry Article Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with the aim that Contracting Parties, in particular those that are developing countries, which provide genetic resources are provided access to and transfer of technology which make use of those resources, on mutually agreed terms, including technology protected by patents and other intellectual property rights, where necessary, through the provisions of Articles 20 and 21 and in accordance with international law and consistent with paragraphs 4 and 5 below.

The Role of Ministers LDC Nairobi Workshop © Ian Fry

High Level Segments: Most international environmental meetings have a “High Level Segment”. This is the opportunity for Ministers to have their say. LDC Nairobi Workshop © Ian Fry

Upside of Ministerial Attendance Support for Domestic Programmes: If written well, a speech given by a Minister may lend support to the work you are doing back home. Publicity: A well briefed Minister may be able to speak to the media and highlight concerns. LDC Nairobi Workshop © Ian Fry

Understanding: Having a Minister attend a meeting may help her/him understand better the issues you are involved with. Political Crunch Power: Ministers provide considerable weight to your position, if they are able to deliver this weight.

LDC Nairobi Workshop © Ian Fry Downside of Ministerial Attendance: Distraction: Often High Level Segments the time when Ministers give their speeches, are held at the same time as ongoing negotiations. Time Consuming: Preparing speeches for the Minister can be a time consuming exercise.

LDC Nairobi Workshop © Ian Fry Minding: Ministers need constant attention, both formally and socially. They require protocol and security procedures. This may take officials away from the negotiation process or make them unfit for negotiations. Saying the Wrong Thing: A poorly briefed Minister may make a policy statement which is contrary to the position in your brief. This may require considerable damage control.

LDC Nairobi Workshop © Ian Fry Cost: Most Ministers like to stay in relatively expensive accommodation. This may mean that you have to stay there as well. This can turn out to be a considerable drain on the budget.

LDC Nairobi Workshop © Ian Fry Using Your Minister Effectively

LDC Nairobi Workshop © Ian Fry Well Briefed: Your minister must be well briefed. Prepare a special brief for the Minister with key dot points for her/him to remember. Make sure this brief is up to date (to the time that he arrives) A Minder: If at all possible make sure your Minister comes with a “minder” so that his needs can be attended to without too much distraction.

LDC Nairobi Workshop © Ian Fry Limit the Time: Try and make sure the Minister only comes just before the High Level Segment and any High Level negotiations. Strategic Input: Try to impress upon the Minister that her/his role it to provide strategic input into the process. The speech making segment is not the key point of her/his attendance.

LDC Nairobi Workshop © Ian Fry Short and Punchy: Make sure your Minister’s speech is short, punchy and too the point. While this may be culturally difficult for the Minister, try to impress upon her/him that only the relevant speeches will be listened to.

LDC Nairobi Workshop © Ian Fry Find a Good Spokesperson: Work with other colleagues to find out the best Minister to present the viewpoint of your group of countries. This Minister must be: well briefed; be humble enough to take a brief; be a good speaker; willing to follow the process; willing to stay up late to attend crucial; back room negotiations.

LDC Nairobi Workshop © Ian Fry Get Publicity for the Minister If you find a good spokesperson make sure the media know Organise a media conference

LDC Nairobi Workshop © Ian Fry