Literature Review Negotiation and Treaties .doc - Literature Review The role of negotiations in creating and mending diplomacy between countries

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Literature Review: The role of negotiations in creating and mending diplomacy between countries
Introduction Diplomatic negotiation processes are vital instruments in international relations between countries and in international organizations. In article 33.1 of Chapter VI of the Charter of the United Nations, concerning the ‘Pacific Settlement of Disputes’, negotiation is mentioned as the first instrument of seven methods to be used in cases of conflict: ‘The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice’ (publication). Furthermore, in its 83rd plenary meeting on 8 December 1998, the United Nations General Assembly adopted Resolution 53/101 on ‘Principles and Guidelines for International Negotiations’ (). In the preamble, it stresses ‘the important role constructive and effective negotiations can play in attaining the purposes of the Charter by contributing to the management of international relations. The resolution provides principles and guidelines, hoping that these will ‘contribute to enhancing the predictability of negotiating parties, reducing uncertainty and promoting an atmosphere of trust at negotiations. In its second operative paragraph, it ‘Affirms the importance of conducting negotiations in accordance with international law in a manner compatible with and conducive to the achievement of the stated objective of negotiations’ Role of Negotiations in Creating Treaties Between Countries Especially in Extradition Treaties. International negotiation is often a process of power-based dialogue intended to achieve certain goals or ends, and which may or may not thoroughly resolve a particular dispute or disputes to the satisfaction of all parties. How Negotiating Parties Agree to Which Laws to Uphold and Implement the Terms in The Treaties Treaty commitments of the United States are of two kinds. As Chief Justice Marshall wrote in 1829: “A treaty is, in its nature, a contract between two nations, not a legislative act. It does not generally effect, of itself, the object to be accomplished; especially, so far as its operation is infra-territorial; but is carried into execution by the sovereign power of the respective parties to the instrument. In the United States, a different principle is established. Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself, without the aid of any legislative provision. But when the terms of the stipulation import a contract—when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the

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