Lecture 7

The Vienna convention on International Treaties is the basic document which regulates
everything. Negotiations are a part of the main task of diplomacy, the cornerstone of it: without
negotiations, there is no diplomacy. It may be even an informal chat, but you still have some
information: information gathering, information giving (exchange of information). The basic
etiquette and protocol always have to be followed. 
 
What is most important is the coordination of work. Sometimes negotiations involve a vast variety
of issues where work need to be coordinated: political action, economic action or humanitarian aid
issues. Tactics and strategy are discussed. Negotiations may have regional or international
character (which touches other countries, like fighting terrorism or spread of drugs, environmental
protection, regulation of outer space and ocean), they may involve science and technology.
Usually negotiations happen in person, but with the development of technology, they can also be
conducted nowadays from a distance. 

From the historical perspective, negotiations are the birth of diplomacy. In the early times, they
were mostly about ending the wars, exchange of prisoners and criminals, peace and friendship
agreements, issues of inviolability of property of foreign traders etc. 
 
The effective form to solve any international crises was proposed in the Hague convention of
1907.

The UN Charter (Article 33):

1) 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.
2) The Security Council shall, when it deems necessary, call upon the parties to settle their dispute
by such means.

So article 33 of the UN Charter clearly states that negotiation is a basis, the only available
peaceful tool, which is available to resolve disputes. But the negotiations are not just about solving
disputes, they are also about developing relations. 

What if corporate sectors of both countries are engaged in negotiations? They are regarded as
subjects of private international law, not the public international law, so they operate according to
the laws of the country. Both parties agree upon how to engage in negotiations and they have to
refer back to existing diplomatic documents. 

In Ukraine, the President signs all treaties on behalf of the state, and the Prime Minister signs
on behalf of the government. The Minister of Foreign Affairs can sign everything else, and all
other ministers can sign specific treaties if they are given such power. In most cases, an
ambassador of a country can participate in the negotiations and at the end he has to produce that
he has the full powers. Otherwise, during the negotiation, the ambassador can participate up to
the level of finalizing of the treaty (парафування). 
 
After the agreement is signed or it is finalized, the public is informed by issuing a public
communiqué, documents are uploaded on the official website and a press conference is organized
for the media to ask questions. So here, the journalists play a role in in knowing more about what
really went on during the negotiations. 
 Article 102:

1) Every treaty and every international agreement entered into by any Member of the United
Nations after the present Charter comes into force shall as soon as possible be registered with the
Secretariat and published by it.

2) No party to any such treaty or international agreement which has not been registered in
accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement
before any organ of the United Nations.

If treaties are not registered, they may be difficult to get international recognition. UN's depositary
of treaties is one of the largest in the world. The Budapest Memorandum took 20 years to be
registered (political implications of registering it so late). 

How does the preparatory work go on? Through diplomatic channels, between the embassy and
headquarters. It can also be through the internal governmental channels (both within the country
and outside). Negotiations are not always public: everything is prepared, recorded, documented,
concluded, and the public is then informed (G7 meetings are always on air, but you cannot see
parts of it). 

It is important to know in what language the treaty will be written, how it will be translated/subtitled
and also who will be the translator of the written document. The minutes of each meeting
(протоколи зібрань) are done necessarily.

There is an order of precedence (list of people in the delegation) that must be laid down during
the final step. In case some things are missing, the ambassador is a good reference point, since
he is also the highest-level person who is able to manage all kinds of unforeseeable
circumstances. To change anything, you must get the permission of the headquarters; everything
should be agreed mutually so it is beneficial for the moment. 

Structure of a delegation:

1. The head of the delegation. Sometimes paradiplomats take the lead in the negotiations. 
2. Alternate delegate (second). He is a professional, he supervises the process so that everything
is done according to the protocol requirements. 
3. Experts. They are from different ministries, extremely knowledgeable of the topic of
negotiations. 
This is not so strict and may vary. The ambassador may remain in shadow and part of the
mundane work can be delegated to a professional. In multilateral negotiations, the whole state
should be informed about the delegation in details. 
- Non-member states. They are observers, sometimes they are allowed to make comments, but
they do not vote. 
- Press-officers. They prepare communiqué or press releases. 
- Secretariat. Technical, administrative, logistical work. 

During the negotiations, the delegation has privileges and immunities (personal and jurisdictional),
also exchange facilities when in transit, to ensure freedom of movement and communication.