Negotiation
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Alan Isenberg
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Earlier this month, the so-called EU Three--Britain, France and Germany-- achieved an important victory for global security, convincing Iran to suspend its uranium enrichment and plutonium reprocessing activities pending further negotiation on its nuclear question. Though Iran claims that it does not desire a nuclear bomb, the West has long been skeptical of the oil-rich state's contention that it seeks a nuclear fuel cycle for energy purposes alone. Europe and the United States (and of course Israel) will sleep better knowing that Tehran is not pursuing enrichment activities, whatever their alleged purpose.

But the EU3 agreement, which fails to discuss consequences for Iran if it breaks the deal, is vulnerable to being undermined not only by Iran but also by the United States; both have already raised eyebrows in the wake of the accord. Iran raced to produce uranium hexafluoride, a gas that can be enriched into bomb fuel, before it began to observe the temporary suspension on Monday. And both President George W. Bush and outgoing Secretary of State Colin Powell have publicly aired their suspicions that Iran will continue its drive for nuclear weapons under cover of the deal.

At the moment, administration hawks are pressing to confront the mullahs at the United Nations Security Council, where economic sanctions could be considered; calls for using force and for regime change are likely to follow.

Military action is inadvisable at this point, because of a dearth of solid intelligence and the secretive, geographically diffuse nature of Iran's nuclear sites. If the issue reaches the Security Council with the United States and Europe continuing along divergent paths, the inevitable deadlock will deal a severe and lasting blow to international security. Therefore, the agreement must be fortified to keep the Iranians honest, the Europeans effectively engaged and the U.S. hawks bridled.

This can be achieved through a U.S.-European accord laying out trigger mechanisms for specified consequences if Iran violates certain benchmarks. For example, if Iran fails to allow inspectors the access accorded by the Nuclear Nonproliferation Treaty's additional protocol--which Iran is provisionally observing pending ratification--or resumes enrichment and centrifuge-building activities, it could face severe economic sanctions, censure by the Security Council (necessitating cooperation from Russia and China), or in the event of hostility, a forceful response.

We don't know yet whether Tehran will play by the rules. The regime has mastered the art of behaving badly and then seeking rewards for getting back into line. To date, the Europeans have played into its hands, offering carrots for compliance without wielding sticks to punish violations.

Therefore, the Bush administration's apparent comfort with a military option can serve as an important deterrent against Iranian cheating, arming the EU3 agreement with teeth that it would not otherwise have. Iran desires economic incentives but does not yet desperately need them; without a credible threat of U.S.-backed sanctions imposed by the international community, the mullahs can simply decide one day that the restrictions have ceased to be worth their while, and break any deal as though it were merely a business contract.

For the United States, accepting the EU3's carrot-based approach (provided the benchmarks are added) will show the world that it still supports negotiated diplomacy and multilateralism, even in cases where military threats loom. Participating in this framework will also send a message to Iran that the United States is not ruling out renewed relations. This would resonate with the largely pro-American Iranian populace, who despise their regime and are seeking inroads to break free of it.

But if the United States instead presents itself as a unilateralist maverick, it will hinder its own interests; the only thing Iranians disdain more than the mullahs is outside meddling with their deeply nationalistic desire for self-determination. The more overtly hostile the United States acts toward Iran, the more the mullahs are able to spin America's posture to alienate Iranians against the "Great Satan."

The way to keep the Iranian regime in check while speeding its demise is to insure the nuclear agreement through benchmarks and triggers, and then give the mullahs exactly what they ask for in terms of increased access to international institutions like the World Trade Organization.

Such carrots can also be Trojan Horses, allowing the forces of democratic reform within Iran to blossom by enabling pro-democracy elements to make global connections. The U.S. and Europe should saddle up those horses together.

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Reflecting on his career experience Harada will explore the cultural and systemic differences that shape the logic of confrontation and negotiation, in both domestic and international environments.

Akio Harada is a recently retired prosecutor general of Japan - Japan's counterpart to the U.S. attorney general. Prior to assuming his post as the prosecutor general, Mr. Harada served as Director General of the Criminal Affairs Bureau of the Ministry of Justice, Vice-Minister of Justice and Chief Prosecutor at the Tokyo High Court. From 1975 to 1978, Mr Harada was first secretary and legal attache at the Japanese Embassy in Washington.

Special lecture hosted with the Center for East Asian Studies.

Philippines Conference Room

Akio Harada distinguished practitioner at the Center for East Asian Studies, and former prosecutor general, Japan Speaker
Seminars
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In the aftermath of the Asian economic crisis and the Chinese accession to the WTO, the East Asian countries that have up until now been ambivalent towards regional trade integration have recently begun actively to pursue regional and bilateral trade agreements. The recent start of negotiations between Korea and Japan on a bilateral free trade agreement (FTA) has spurred much debate among many different groups and financial sectors in Korea. However, the contention of the various interest groups is not necessarily based on an economic rationale. Professor Bark will present the political issues that may emerge during the negotiation of the Korea-Japan FTA and some policy recommendations to reduce the negative effects of the FTA.

Taeho Bark is a professor at the Graduate School of International Studies at Seoul National University. From 1998 he has served as commissioner of the Korea Trade Commission. He has also served as Chair of the Investment Expert Group of APEC, Secretary for Economic Affairs, Office of the President, ROK, and as a consultant at the World Bank.

Philippines Conference Room

Taeho Bark Professor, Graduate School of International Studies Seoul National University
Conferences
Authors
Larry Diamond
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In the past ten days, the US-led Coalition effort to rebuild Iraq as a stable, unified, and democratic state has fallen into crisis. The most alarming aspect is not the Baathist-inspired violence in Fallujah, bloody and horrific though that fighting has been. This has been a limited uprising from the minority Sunni section of the country, many of whose politicians have now entered the peaceful political game. It does not threaten the overall viability of the political transition program in Iraq.

The Shiite uprising that began a few days ago is another story, however. Scholars and historians of Iraq have long warned that an uprising among the Shia would spell doom for the Coalition, and for any hope of peaceful transition to a decent form of governance. We are not yet facing a generalized Shiite resistance. Rather, we are locked in a confrontation with a ruthless young thug, Muqtada al-Sadr, who leads an Iranian-backed, fascist political movement that spouts a shallow mix of Islamist and nationalist slogans in a bid to conquer power.

Among most Shia -- including, crucially, Iraq's most widely revered religious leader, Ayatollah Ali al-Sistani-Muqtada Sadr is a reviled figure, a crude street tough with no religious qualifications and no positive political program, who has used coercion and intimidation as a substitute for genuine religious knowledge and authority. Unfortunately, however, since the Coalition began a crackdown ten days ago on his malicious operation, Sadr has maneuvered brilliantly to portray himself as the leader of a broader nationalist and Islamist insurgency. Now, growing numbers of frustrated and marginal young Iraqi men -- including it appears, some Sunni elements -- are rallying to his cause.

If we do not confront this new resistance in a politically agile and militarily forceful and adept manner, everything we have done to help Iraqis rebuild their country as a democracy could unravel in a matter of weeks.

The democratic transition is moving forward, in many inspiring ways. With US assistance, civil society is organizing, political parties are beginning to mobilize, and hundreds of "democracy dialogues" are discussing the country's constitutional structure and future. Two UN teams are consulting with Iraqis on how to structure the interim government that will assume power on June 30, and how to structure and administer the elections for a transitional government, due by this December or January.

However, elections can only go forward and the transition succeed if the agents and means of violence are brought under control.

Underlying the current upsurge in violence has been the mounting problem posed by heavily armed militias in the Shiite south. Loyal to political parties and religious militants, riven by factional divides, determined to impose an Iranian-style theocratic dictatorship, and lavishly armed, funded, and encouraged by various power factions in Iran, these radical Islamist militias (as well as Sunni and Kurdish peshmerga militias in the north) have been casting a long shadow over the political process in Iraq. In many provinces, the militia fighters outnumber and certainly outgun the new Iraqi armed forces.

Several Islamic fundamentalist parties have been playing a clever double game. As their representatives in Baghdad negotiate and compromise with other parties, exhibiting sweet reason and moderation, their militias have been stocking heavy arms, menacing opponents, and preparing for the coming war in Iraq.

Unless the militias are demobilized and disarmed, a transition to democracy in Iraq will become impossible. Rather, at every step of the way -- from the formation of parties, to the registration of voters, to the election campaign, to the casting and counting of votes -- the democratic process will be desecrated by violence, fear, and fraud.

Key officials within the Coalition Provisional Authority (CPA) have begun to recognize the urgency of this issue. Over the last three months, a plan has quietly been prepared and negotiated for the comprehensive disarmament, demobilization, and reintegration of all the major militias. But this plan, which relies heavily on financial and employment incentives for voluntary compliance by the major militias, can only work if all the militias are disarmed. Those forces that will not negotiate and cooperate must be confronted and disarmed by force.

This brings us to the events of the last week, to the person of Muqtada Sadr, and to the biggest, most ruthless militia that stands indefatigably outside any process of negotiation and voluntary disarmament. A fiery thirty-one-year-old mullah, whose father and brothers were martyred in the Shiite resistance to Saddam, Muqtada has nothing of the Islamic learning and sophistication that would put him anywhere close to the religious stature and authority of an Ayatollah. But he knows how to organize, mobilize, and intimidatehas used the reputation of his father among the poor urban masses, and the language of historic resistance to external impositions, to mobilize a growing following among downtrodden young urban men in particular. His support is confined to a small minority among the Shia of Iraq, but it is the kind of minority, demographically, that makes revolutions and seizes power, and its devotion to his declarations and obedience to his commands is apparently intense.

In recent months, Sadr's militia -- the al-Mahdi Army -- and his loose political movement that surrounds it have been growing alarmingly in size, muscle, and daring. They have seized public buildings, beaten up university professors and deans, taken over classrooms and departments, forced women to wear the hijab, set up illegal sharia courts, imposed their own brutal penalties, and generally made themselves a law onto themselves. As with the Nazis or any other totalitarian movement, all of this street action and thuggery is meant to intimidate and cow opponents, to create the sense of an unstoppable force, and to strike absolute fear into the hearts of people who would be so na?ve as to think they could shape public policy and power relations by peaceful, democratic means.

As with the Nazis, Muqtada has been guilty of brazen crimes well before his effort to seize power openly. A year ago, Sadr's organization stabbed to death a leading moderate Shiite cleric, Ayatollah Abdel-Majdid al-Khoei, who would have been a force for peaceful democratic change and a dangerous rival to Sadr. The murder took place in the Imam Ali mosque, Shiite Islam's holiest shrine. That is the level of respect that Sadr manifests for his own religion. Just three weeks ago, on the night of March 12, apparently in alliance with fighters from other Shiite militias and with the local Diwaniyya police force, the Mahdi Army invaded the Gypsy town of Qawliyya after a dispute over what Sadr's forces alleged were morals violations by the town. After pumping round upon round of automatic rifle fire, mortars, and RPGs into Qawliyya, the Mahdi Army brought in bulldozers and literally leveled a town of some thousand people. We still do not know how many people died in this blatant act of ethnic cleansing (as the towns folk had been warned in advance of the impending doom, and many if not most were able to flee). But at the very least, Iraq now has hundreds of internally displaced people from this incident of terror, and eighteen refugees apprehended by Sadr's forces endured ten days of brutal beatings in the organization's detention center. By the logic of Muqtada Sadr, this is the kind of "rule of law" Iraq needs.

In recent weeks, Sadr's propaganda, both in his oral statements and through his weekly newspaper, the Hawza, have become increasingly incendiary, propagating the most outrageous and explosive lies (for example, that the US was responsible for recent deadly bombings) deliberately designed to provoke popular violence. Finally, on March 28, after months of costly delay, the Coalition finally began to move against this monster. Ambassador L. Paul Bremer ordered the closure of the newspaper, and Muqtada Sadr reacted by ordering his followers to rise up violently against the Coalition. Perhaps in response, the Coalition finally ordered the arrest on April 4 of a senior Sadr aide, Mustafa al-Yacoubi, and 24 others -- including Sadr himself -- for the murder of al-Khoei. About half the suspects, including Sadr, are still at large.

Sadr responded to these arrests by unleashing a revolutionary campaign to seize power. Having already stormed numerous public building in recent months, his followers took over the offices of the Governor of Basra and assaulted police stations in several cities, including Karbala with its sacred Shiite religious shrines to the Imam Abbas and the Imam Husayn. In Najaf his followers invaded Shia Islam's holiest center, the Shrine of the Imam Ali. These attempted power grabs are not new. Last October, Coalition forces intercepted 30 busloads of a thousand heavily armed Sadr followers as they were headed down from Baghdad to Karbala to seize control of its shrines and the central city.

On Monday, the Administrator of the Coalition Provisional Authority in Baghdad, L. Paul Bremer III, declared Muqtada Sadr an "outlaw." Now there is no turning back. If any kind of decent, democratic, and peaceful political order is to be possible in Iraq, the Coalition will need to arrest Muqtada Sadr, crush his attempt to seize power by force, and dismantle his Mahdi army.

We are now embarked on a dangerous and bloody campaign in which, tragically, many more American, other Coalition, and Iraqi lives will be lost. But if we do not confront this military challenge now, while we work to rebuild a broader consensus among Iraqi political forces on the rules of the game and the shape of the new political system, we will lose the second war for Iraq, with frightening implications not only for the peace and stability of that country and the wider region, but for our own national security.

Larry Diamond, a senior fellow at the Hoover Institution, has served periodically in the past three months as a senior advisor to the Coalition Provisional Authority in Baghdad.
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About the Talk: In Muslim-majority Indonesia and Malaysia, initial reactions to the American war in Iraq were overwhelmingly negative. Nor could support for American action be found among Muslim minorities in the Philippines, Singapore, or Thailand. But Southeast Asian Muslims were not equally or uniformly outraged. Complex and distinctive local contexts and agendas shaped Muslim anger and the responses to it. Dr. Emmerson will highlight these Southeast Asian settings and analyze the politics of anti-American backlash along a critical periphery of the Muslim world. Donald Emmerson is director of the Southeast Asia Forum at the Asia/Pacific Research Center at Stanford University. He teaches courses in international relations and comparative politics. His research interests focus on Islamism, regionalism, democratization, and US policy regarding Indonesia and Southeast Asia. Emmerson has testified before Congress in 1998, 1999, and 2001 on East Timor, Indonesia, and Southeast Asian topics. He assisted the Carter Center in monitoring Indonesia's national election and the UN vote on autonomy in East Timor. Members of the World Affairs Council: $5.00 Non-members: $8.00 Students with ID: Free To make a reservation, please contact the World Affairs Council at 415-293-4600. Cosponsored by the Asia/Pacific Research Center and Stanford Center on Conflict and Negotiation at Stanford University and the World Affairs Council of Northern California.

Stanford Law School, Alvarado and Nathan Abbott Way, Stanford University

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Senior Fellow Emeritus at the Freeman Spogli Institute for International Studies
Affiliated Faculty, CDDRL
Affiliated Scholar, Abbasi Program in Islamic Studies
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PhD

At Stanford, in addition to his work for the Southeast Asia Program and his affiliations with CDDRL and the Abbasi Program in Islamic Studies, Donald Emmerson has taught courses on Southeast Asia in East Asian Studies, International Policy Studies, and Political Science. He is active as an analyst of current policy issues involving Asia. In 2010 the National Bureau of Asian Research and the Woodrow Wilson International Center for Scholars awarded him a two-year Research Associateship given to “top scholars from across the United States” who “have successfully bridged the gap between the academy and policy.”

Emmerson’s research interests include Southeast Asia-China-US relations, the South China Sea, and the future of ASEAN. His publications, authored or edited, span more than a dozen books and monographs and some 200 articles, chapters, and shorter pieces.  Recent writings include The Deer and the Dragon: Southeast Asia and China in the 21st Century (ed., 2020); “‘No Sole Control’ in the South China Sea,” in Asia Policy  (2019); ASEAN @ 50, Southeast Asia @ Risk: What Should Be Done? (ed., 2018); “Singapore and Goliath?,” in Journal of Democracy (2018); “Mapping ASEAN’s Futures,” in Contemporary Southeast Asia (2017); and “ASEAN Between China and America: Is It Time to Try Horsing the Cow?,” in Trans-Regional and –National Studies of Southeast Asia (2017).

Earlier work includes “Sunnylands or Rancho Mirage? ASEAN and the South China Sea,” in YaleGlobal (2016); “The Spectrum of Comparisons: A Discussion,” in Pacific Affairs (2014); “Facts, Minds, and Formats: Scholarship and Political Change in Indonesia” in Indonesian Studies: The State of the Field (2013); “Is Indonesia Rising? It Depends” in Indonesia Rising (2012); “Southeast Asia: Minding the Gap between Democracy and Governance,” in Journal of Democracy (April 2012); “The Problem and Promise of Focality in World Affairs,” in Strategic Review (August 2011); An American Place at an Asian Table? Regionalism and Its Reasons (2011); Asian Regionalism and US Policy: The Case for Creative Adaptation (2010); “The Useful Diversity of ‘Islamism’” and “Islamism: Pros, Cons, and Contexts” in Islamism: Conflicting Perspectives on Political Islam (2009); “Crisis and Consensus: America and ASEAN in a New Global Context” in Refreshing U.S.-Thai Relations (2009); and Hard Choices: Security, Democracy, and Regionalism in Southeast Asia (edited, 2008).

Prior to moving to Stanford in 1999, Emmerson was a professor of political science at the University of Wisconsin-Madison, where he won a campus-wide teaching award. That same year he helped monitor voting in Indonesia and East Timor for the National Democratic Institute and the Carter Center. In the course of his career, he has taken part in numerous policy-related working groups focused on topics related to Southeast Asia; has testified before House and Senate committees on Asian affairs; and been a regular at gatherings such as the Asia Pacific Roundtable (Kuala Lumpur), the Bali Democracy Forum (Nusa Dua), and the Shangri-La Dialogue (Singapore). Places where he has held various visiting fellowships, including the Institute for Advanced Study and the Woodrow Wilson International Center for Scholars. 



Emmerson has a Ph.D. in political science from Yale and a BA in international affairs from Princeton. He is fluent in Indonesian, was fluent in French, and has lectured and written in both languages. He has lesser competence in Dutch, Javanese, and Russian. A former slam poet in English, he enjoys the spoken word and reads occasionally under a nom de plume with the Not Yet Dead Poets Society in Redwood City, CA. He and his wife Carolyn met in high school in Lebanon. They have two children. He was born in Tokyo, the son of U.S. Foreign Service Officer John K. Emmerson, who wrote the Japanese Thread among other books.

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Donald K Emmerson Professor Speaker
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The study of regimes has focused on the negotiation of rules that, in practice, have been codified into single agreements. Scholars have generally assumed that individual regimes are decomposable from others. Given the rising density of international institutions, we suggest that an increasingly common phenomenon is the "regime complex"-a collective of partially-overlapping regimes. We suggest that regime complexes evolve in special ways. They are laden with legal inconsistencies because the rules in one regime are rarely negotiated in the same fora and with the same interest groups as rules in other regimes. These inconsistencies, which occur at the joints between regimes, focus a process of problem-solving as actors attempt to resolve inconsistencies through the process of implementation; in turn, viable solutions focus later rounds of formal rule-making and legalization. We illustrate the concept of regime complexes using the rarely studied issue of property rights in plant genetic resources (PGR). Over the last century governments have created property rights in these resources in a Demsetzian process: as new technologies and ideas have made PGR more valuable, property rights have allowed firms and governments to appropriate that value. We explore our conjectures about the development of rules in a regime complex through the PGR case.

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Program on Energy and Sustainable Development Working Paper #14
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David G. Victor

Stanford Law School
Stanford University
SCICN, Gould Center
Stanford, CA 94305-8610

(650) 725-2574 (650) 723-9421
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MA, M.Div

Byron Bland is associate director of the Stanford Center on Conflict and Negotiation and a research associate at CDDRL. An ordained Presbyterian minister and former Stanford campus chaplain, he has served as an ombudsman and conflict resolution consultant for various community and church groups. His more recent work concerns the politics of reconciliation in divided societies.

After serving the Stanford campus for 18 years as a chaplain, Bland left that post in 1994 to concentrate on peacemaking efforts in Northern Ireland. He is currently involved in a research project exploring the social and political dynamics of reconciliation with Community Dialogue, a grassroots dialogue organization in Northern Ireland. He is also working with community groups and civil leaders in the Israel and the West Bank.

Before coming to Stanford University in 1976, Bland was the pastor of a multiracial, urban church in San Francisco. While at Stanford, he was appointed an associate fellow at the Program for Interdisciplinary Studies during 1993-1994. He is a founding member of the Colloquium on Violence and Religion. For the past 20 years, he has taught an interdisciplinary course on peace at Stanford. He has also served as a lecturer in the Stanford Law School, the School of Education, and the International Relations program. He received an undergraduate degree in industrial engineering from Georgia Tech, an MA in social ethics and a master of divinity degree from the San Francisco Theological Seminary.

Associate Director of the Stanford Center on Conflict and Negotiation
CDDRL Affiliated Faculty
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The Lahore University of Management Sciences (LUMS) is Pakistan's best reputed and only private management school. Operating within the environment of a government run university system, LUMS has used innovative strategies in marketing, research and consulting to reach its globally renowned status. Wasim Azhar, Dean of LUMS, will present a case study on its strategies. Dr. Wasim Azhar has taught at Wake Forest University, Swarthmore College, Kean University and the University of Pennsylvania in the USA. He has also worked as Marketing Analyst for Exxon Corporation in the USA. He is a member of the Institute of Electrical and Electronic Engineers (IEEE), American Marketing Association, American Production Inventory Control Society (APICS), American Mathematical Association and MENSA. His research interests include issues in business policy, marketing strategy, and negotiation dynamics. Dr. Azhar received his Ph.D. and MSc from the University of Pennsylvania, MBA from Wake Forest University, and MSc from University of Engineering and Technology, Lahore.

Okimoto Conference Room, Encina Hall, East Wing, Third Floor

Wasim Azhar Dean Speaker Lahore University of Management Sciences
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To understand "managed care," one needs to understand the traditional model of health care organization and finance that managed care was intended to replace. That model was aptly characterized "Guild Free Choice" by Charles Weller to indicate that "free choice" was being used as a restraint of trade to block the emergence of any form of economic competition among doctors. Its principles were: "Free choice of doctor at all times;" "free choice of treatment, i.e. nobody 'interferes with the doctor's decisions and recommendations;'" "fee for service payment;" "direct doctor-patient negotiation of fees;" and "solo (or small single-specialty group) practice." The model was widely accepted because of the pre-Wennberg view of most people that "the medical care they receive [is] a necessity provided by doctors who adhere to scientific norms based on previously tested and proven treatments." In combination with well-insured patients, there was no way that employers or insurers could control health spending in this model. Organized medicine is still fighting to hold on to parts of it. Some people say that managed care is "anything other than Guild Free Choice."

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Presented at the Federal Reserve Bank of Boston's 50th economic conference
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Until recently, analysts of civil war focused their attention on the negotiation of peace agreements and paid scant attention to the implementation process. Rather legalistically, they assumed that a contract between state and insurgent leaders would remain binding in the post-agreement phase. In the 1980s and 1990s, however, negotiated agreements in such countries as Angola, Cambodia, Liberia, and Rwanda collapsed and resulted in new deadly violence. In some cases more blood was shed after the failure to implement a peace accord than before the peace negotiations began.

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