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Diplomatic Negotiations Ch. 3 > Chapter 3 > Flashcards

Chapter 3 Flashcards

1
Q

What is planned in the pre-conference preparations? (x5)

A
  1. The Place
  2. Presiding Officer (Chairman)
  3. The Agenda
  4. The length
  5. Conference documents
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2
Q

What are the pre-conference exchanges better refered to?

A

Preliminary Exchanges

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3
Q

What is the pre conference agenda better known as?

A

Provisional Agenda
This is usually prepared by the Secretariat (in close consultation with the proposed chairman).

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4
Q

List examples of pre-session documents (x8)

A

Doc Name - Appearance Time - Produced by - Circulated by
1. Notifications - several months before conference - Secretariat, Members - Secretariat
2. Provisional Agenda - several weeks before conference - Secretariat (with Chairman) - Secretariat
3. Provisional list of participants - 1-2 weeks before - Secretariat
4. Background papers - rolling basis begining weeks before - Secretariat, Members, IOs - Secretariat
5. Relevant decisions of previous conference - rolling basis begining weeks before - Secretariat - Secretariat
6. Non-papers - rolling basis begining weeks before - Delegations, Chariman and, exceptionally, Secretariat - Secretariat or Members
7. Reports - weeks before conference - Secretariat, subsidary bodies, other conferences, IOs - Secretariat
8. Communications from Members - on a rolling basis weeks before - Members - Secretariat, Members

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5
Q

List Examples of In-Session documents (x12)

A

Doc Name - Appearance Time - Produced by - Circulated by
1. Agenda (definitive) - early in session - Plenary - Secretariat
2. List of Participants (definitive) - 2 or 3 days after start of conference - Secretariat - Secretariat
3. Organization of work, schedule of meeting - 2 or 3 days after start of conference - Chairman, with Secretariat and sometimes a steering committee - Secretariat
4. Daily Journal - Daily - Secretariat - Secretariat
5. Text of general debat statements - As soon as speaker starts to deliver it - Delegations - relevant delegation, sometimes the Secretariat also
6. Non-papers - anytime before and during conference (but not during concluding) - Delegation(s), working group or contact group, chairman and/or bureau - Delegation(s) or Secretariat
7. Draft proposals (resolutions or decisions) - typically after debat - Delegations - Before tabling, the sponsor(s). After tabling, the Secretariat
8. Amendments to proposals (draft decisions and resolutions) - any time after the formal proposals have been tabled and discussed - Delegations - Before tabled, the sponsor(s), After tabled, the Secretariat
9. Conference Room Papers (CRPs) - any time during a conference - Delegation(s), working group, Chariman, bureau or Secretariat - Secretariat
10. Chairman’s compilation, synthesis of proposals, or Chariman’s text - After negotiations have been going for a long time - Chairman, sometimes aided by Secretariat, Friends of chair or facilitator - Secretariat
11. Committee Report - in the final phase - Committe - Secretariat
12. Draft final document or conference report - Towards the end of the session - Rapporteur or Secretariat - Secretariat

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6
Q

What is a non-paper?

A

a text circulated by a delegation, the chairman or (in some conferences) the bureau. It is unofficial and its tentative nature is emphasized.
Non-papers are drafted as an aid to understanding or an exploration of a possible initiative or way forward.
Non-papers are not formal proposals, but they quite frequently provide the basis for a formal proposal.

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7
Q

What is a Conference Room Paper?

A

Known as a CPR - it is only used in session and usually does not exist after the conference is over.
CRPs are officially numbered - unlike non-papers

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8
Q

List some purposes of CRPs

A
  • draft text or draft decision proposed by a delegation or group of delegations
  • report used by the chairman to inform the conference about the status of negotiations or to report on the work of a subsidiary body
  • a means to transmit a Chariman’s text to the conference
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9
Q

Describe the General Debate

A

Stage of begining of conference when the committees consideration of each agenda item is discussed. This is also a time to give advance notice of any proposals inteded to be put forward or other intentions. (speaking parts are usually prepared in advance at major conferences)

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10
Q

What does the Plenary do with regards to the organization of a conference?

A

The allocation of work includes an allocatin of time to address each agenda item. In particular, each committee reports to its parent body in time for that body (ultimately, the Plenary) to consider the report and take any decisions recommended by the committee report.

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11
Q

What is the Schedule of Meetings?

A

A proposed allocation of agenda items and time between the different slots of the conference. Usually submitted by the chairman to the conference for its approval. The chairman will consult the secretariat in the drafting of this document.

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12
Q

What does a Steering Committee do?

A

Assists the Chairman in developing the proposed allocation of work and timetable. A steering committee is only present in large conferences and is sometimes called the General Committee and is composed of the bureau of the plenary plus the chairmen of the main committees.

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13
Q

Describe what Committees do:

A
  • starts by electing its bureau and establishing its own work programme and timetable
  • like the Plenary - has the option of establishing one or more subsidary bodies (called subcommittees, working groups, etc.) to work on a particular issue
  • makes detailed examination of agenda items and often discussions on possible course of action, including recommendations to Pleanry
  • A committee is a subsidary body of the Plenary
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14
Q

When does the “real” debate happen?

A

During the Committee work, the Debate portion of a conference is often preplanned with limited time for speaking. (exceptions for EU, WTO trade negotiations and World Bank and IMF)

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15
Q

Who focuses on the “big picture” and decision making in a conference?

A

The Plenary
The Plenary considers reports by committees. Eventually, the plenary either takes note of each committee report and/or act on its recommendations.

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16
Q

Who decides on the date and location of the next meeting?

A

The Plenary

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17
Q

What is the Final Act?

A

This is the final document reporting on the conference’s work and is adopted by the Plenary and records the accomplishments of the conference.

Incorporates an account of debate and, most importantly, the text of any decisions the conference took

It is a formal summary of the proceedings of a conference and it contains information on the background to the conference, the participating states and organizations. The officers, the committees, the main documents, the resolutions and international agreements adopted, if any, by the conference.

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18
Q

Describe concluding remarks:

A
  • made by Chairman
  • briefly reviews the work of the conference and thanks the host country or organization, office holders and secretariat
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19
Q

What does the Secretariat do immediately after a conference concludes?

A

It prints final versions of all texts and translates them into all the working languages

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20
Q

Where can final documents be found?

A
  • Almost all secretariats post them on their websites
  • They are usually circulated to delegates via their respective missions
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21
Q

Name post session documents (x5):

A

Doc Name - Appearance Time - Produced by - Circulated by
1. Final Act or Final Document or Resolutions - Immediately (depending on length and translation needs, sometimes days or weeks after) - Plenary - Secretariat
2. Report of conference (final version) - Soon after conference - Rapporteur or Secretariat - Secretariat
3. Verbatim or summary records/report of the conference - Soon after conference (usually several days after) - Secretariat - Secretariat
4. Other final documents - Hours or days after - Conference - Secretariat
5. Other than English versions/translations of adopted texts - after conference - secretariat - secretariat

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22
Q

Under what type of law must delegates and states obide by RoP?

A

Customary international law

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23
Q

Name the 11 standard elements of Rules of Procedure

A
  1. Invitations to participate
  2. Credentials of delegates
  3. Conference officers
  4. Quorum
  5. Statements by delegates
  6. Right of reply
  7. Languages
  8. Submission of proposal
  9. Procedural motions
  10. Methods of taking decisions
  11. Records
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24
Q

RoP standard element 1: Invitation to participate

A

This covers the question of who is entitled to send delegates to the conference.

25
Q

RoP standard element 2: Credentials of delegates

A

see chapter 2.4
in this chapter it mentions passport, invitation etc

26
Q

RoP standard element 3: Conference officers

A

see chapter 2.4

27
Q

RoP standard element 4: Quorum

A

This rule requires a certain proportion of the participants to be present when debates and decisions take place. Quorum rules are among those which vary most significantly from one conference to another.

28
Q

What does it mean to be “out of order”?

A

This is when a Chairman starts a meeting in the absence of a quorum (with fewer delegations present than the RoP requires)

In some meetings this also applies if delegates have left after a meeting started and now they are below the necessary amount even though it started ok.

29
Q

RoP element 5: Statements by delegates

A
  • delegates must address interventions (remarks) to the Chairman as they may not speak without permission
  • RoP provides limits to number of times and length one may speak
  • Chairman keeps a list of speakers and he gives the floor to delegates in the order in which they signify their desire to speak
30
Q

RoP element 6: Right of Reply

A

This right is usually limited as to the number of times a delegate may use it and for how long he/she can speak.
Traditionally, this right is exercised only at the end of the day or the conclusion of the general debate.

31
Q

RoP element 7: Languages

A

Common sense

32
Q

RoP element 8: Submission of Proposals

A
  • Proposals are draft decisions and draft resolutions submitted to the conference for consideration
  • texts proposed for adoption by the conference to be submitted in writing to the Secretariat at least 24 hours before they are debated
  • the delegation who proposes a text is known as a sponsor
  • when several delegations jointly sponsor a text they are known as co-sponsors
  • In this case the one who introduces the initiative is the lead sponsor
33
Q

What does it mean to table a proposal?

A

This is when a proposal is introduced to a conference. From there, the text is debated by the conference (or committee).

34
Q

In what circumstance might there be a revised verions of the proposal?

A

This is when a sponsor or co-sponsor of a proposal might amend a proposal they helped draft.

35
Q

What about verbal decisions?

A

There is no need for written proposals for all the decisions which the conferences adopt if the text is long, complicated and/or potentially controversial. Verbal decisions - decisions that are proposed orally by delegates or the Chairman - are also common and have the same validity as decisions based on writted proposals.

36
Q

RoP element 9: Procedural motions

A
  • formal proposals by delegations relating to a few procedural issues, which (in most cases) are specified in the rules
  • the use of procedural motions is a combative strategy
  • appeals against ruling of Chairman
37
Q

What is a no action motion?

A

This is a controversial procedural motion where the conference decides not to take a decision instead of whether or not to adopt a proposal.

38
Q

Describe points of order

A

A representative may at any time raise a point of order. When this happends a delegate raising a point of order is given the floor straightaway even if another delegate may be speaking.

The most important aspect of a point of order is that it has to be decided immediately by the Chairman in accordance with RoP.

39
Q

Describe an appeal against the ruling of the Chairman

A

Appeal is immediately put to vote and the Chairman’s ruling is confirmed unless overtuned by a majority of members .
Relates to procedural matters only.
Unless this comes up we assum “the Chairman’s ruling stands”
A delegate who, in raising a point of order, speaks on the substance of the matter under discussion is “out of order”

40
Q

RoP element 10: Methods of taking decisions

A
  • Keep in mind: Chairmen do not make decisions on behalf of the conference
  • when decisions must be taken where not everyone agrees the conference refers to voting
  • When voting occurs oftentimes delegates are given the floor to explain their vote and have it put on the record
41
Q

RoP element 11: Records

A
  • Produced by the conference to show what the conference has done
  • Secretariat staff (called precis or record writers) produce verbatim, or more usually, summary records of all interventions.
42
Q

What is the informal work at conferences called?

A

“corridor work”

43
Q

What is “hudling”?

A

This is when small groups of negotiators talk informally in the conference room during a break in the formal session

44
Q

What is the term used to describe an informal conversation?

A

Consultation - this is any conversation between delegates that relates to the work of the conference.

To “consult” means to ask someone what they think.

“consulting headquarters” means explaining a situation and asking for advice or instructions

45
Q

Describe “back rooms”

A

Small conference rooms used for “corridor work” when the conversation involves more than three or four delegations.

46
Q

Describe a Chairman’s Consultation

A

Consultations undertaken by a Chairman or a delegate mandated by the Chairman to act on his or her behalf, often known as a Friend of the Chair, Group of friends of the Chair or Facilitator, who systematically sonsult most relevant delegations on a particular issue, often seeking agreement among them.
Although informal so RoP cannot be invoked their general essence is applied.

47
Q

What is a Group? Please name the different types of groups (x4):

A

A Group is a type of consultation with the aim to exchange information.
Types of Groups include:
* Caucus Groups
* Ginger Groups
* Subject-specific Groups
* Like-minded Groups

48
Q

Describe a caucus group

A

Probably the most elaborat format for consultation. These meet to discuss the conference’s issues and in many cases to develop common positions.

49
Q

Describe ginger groups

A

Groups of delegations which have a common purpose of prompting new thinking by the conference on a particular issue (ex. G10 active on nuclear non-proliferation, G20 active on agriculture issues in WTO)

50
Q

What are like minded groups?

A

These are subject specific groups with a similar outlook on the subject at hand.

51
Q

What are single issue coalitions?

A

This is a subset of issue specific, like-minded groups.
ex. G20 which is a group within the WTO made of 19 developing countries focused on agriculture

52
Q

Describe pre-conference preparations

A

Pre-conference preparations include everything that involved parties (delegates, delegation leader and the officials responsible for sending the delegation) need to do before the conference.

The informational and strategic ground for the conference must be laid down in this period.

Pre-conference preparations require: knowing the mandate and potential conference outcomes, understanding the history of the conference, issues or agenda items to be discussed and debated, interests and objectives that drive negotiations

53
Q

What does a delegate seek to do in a conference?

A
  • Gather information
  • Advance the mandate
  • Evaluate proposals
54
Q

What does “evaluating a proposal” by a delegate entail?

A
  • This is where the delegate considers whether or not to support a proposal
  • The delegate must separate the proposal from the proponent (play the ball, not the man)
  • Each proposal should be assessed on merits
  • Delegate must assess where it leads
55
Q

What does it mean to float a proposal?

A

This is when a sponsor or co-sponsors will share a draft proposal to other delegations giving them advance warning, explaining purpose, hearing reactions and taking these into account to perhaps revise the text before submission. This is done in order to gain more support so the proposal passes.

56
Q

How can a non-paper help advance a proposal?

A

This paper does not have status as a proposal, but as it is widely circulated it gains early tabling-advantages. It serves mainly as a discussion-shaping paper, or can be reissued, probably in modified form, as a formal proposal at a later stage.

57
Q

Describe a delegate’s Report

A
  • This is produced after the conference to evaluate the conference.
  • Assess achievement(s) and probable consequences
  • Structured in three parts: Introduction, Mandate, Conclusions and Recommendations
  • The most important aspect of a Report is the decision(s) taken by the conference
  • The most difficult task is the analysis of what took place at the conference
58
Q
A

Diplomatic Negotiations Ch. 3 (2 decks)

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