Đàm Phán Quốc Tế LNHT
Đàm Phán Quốc Tế LNHT
INTRODUCTION
1. Definition
CONFLICT: the opposite of VALUES (Value is the basic idea of what is right
or wrong)
—> Mâu thuẫn là sự khác nhau về quan điểm
2. Type of Conflict
- Inner conflict
- Between individuals
- Between groups
- Between countries
- Between inter - countries
3. Handling conflict
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4.4. Compromising (thỏa hiệp)
Both parties cut down their interest -> Nobody can get all, both are the
most comfortable
→ Apply when:
- The conflict is important (related much interest)
- Time is running out
- Both parties want to hold its purpose
4.5. Collaborating
Find a way that both parties can win -> Satisfy all concerns of both parties
→ Apply when:
- The conflict is important (related much interest)
- Have enough time to gather solutions
- Want to build a long-term relationship between parties
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4. Negotiation - conflict
The relationship between NEGOTIATION & CONFLICT
WHAT IS INTEREST
1. What is interest?
Interest: useful or beneficial thing to an object (person/organization/nation)
Tangible/Intangible
Short-term/Long-term
2. Relationship
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Allocate weight to the want
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V
Develop the alternatives
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V
Choose the best alternatives
2. Distribute negotiation
3. Case study: VN war 1968-1972 (hiệp định Paris)
1. Definition
Multistage negotiation (thương lượng nhiều giai đoạn): the combination of
distributive negotiation and integrative negotiation with the participation of
many parties → many stages + parties
2. Example
- North Korea Nuclear Program
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- Join international organizations
- …..
1. Definition
BATNA is to prepare the list of alternatives and then choose the “best
alternative” if negotiation fails
2. Example
- Mỹ Tâm wins MAMA Awards (2012)
3. Circumstance
EX:
- Allies: Japan must surrender unconditionally
- Japan: accept failure (try to minimize the loss)
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3.3. Weakening the opponent’s BATNA
Weak BATNA → brings disadvantage
→ U must weaken the opponent’s BATNA
EX:
Coca Cola Sá Xị
BATNA: cash -> cash -> cash BATNA: Facilities -> None
ZOPA
1. Definition
Zone Of Possible Agreement → Is the zone between the seller’s minimum price
and the buyer’s maximum price (phạm vi thỏa thuận)
2. Example
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AVVE
1. Definition
Added Value Via Exchange (AVVE, tạo giá trị thông qua trao đổi) → you
accept to exchange for a thing less value to get the thing you want
|
V
Utilize for integrative negotiation (win-win)
“ bạn chấp nhận đổi thứ có giá trị thấp hơn để lấy thứ mà bạn muốn”
2. Example
VN - China border Negotiation about Thác Bản Giốc
- VN says “The whole waterfall is mine”
- While China says “Use the river to divide it in half”
|
V
- Both countries accept to exchange/loss a piece of land (sacrifice)
- Làm z để get the stable & peaceful borderline
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BÀI 4: XÂY DỰNG PHƯƠNG ÁN KHỞI ĐỘNG “GET STARTED”
INFORMATION COLLECTION
1. Method
INTERNAL
- History, facility, brand values,...
- Board of Direction, ownership,...
1.2. SWOT
- Strengths - Weakness - Opportunities - Threats
TARGET/BATNA/ZOPA
1. Target
Is the first priority (first offer) to achieve
EX: Buying the stake of Vissan
- TARGET: mua được 51% cổ phần Vissan = maximize investment
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2. BATNA
BATNA is to prepare the list of alternatives and then choose the “best
alternative” if negotiation fails
EX: Buying the stake of Vissan
- TARGET: mua được 51% cổ phần Vissan = maximize investment
I
V
- Ko mua dc 51% thì cũng phải có dc 49% cổ phần
- Nếu mua 14% cổ phần thì phải đi kèm với stragegic investor
- Mua 14% cổ phần based on bidding (thầu)
3. ZOPA
Zone Of Possible Agreement → Is the zone between the seller’s minimum price
and the buyer’s maximum price
Definition
A real negotiator is a person who decides to end the negotiation completely
EVERYTHING IS READY
Make the opponent to be ready
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Negotiation action
Preparatory Steps
I
V
Everyone is ready
I
V
Get started
I
V
Tactics (mười mấy cái)
Preparatory Steps
Information collection & analysis
I
V
Step 1: Identify “TARGET”
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I
V
Step 2: Prepare BATNA
I
V
Step 3: Identify ZOPA
I
V
Step 4: Identify Real negotiator
The situation when the opponent is not ready to negotiate with you
You are ready but your opponent is not
I
V
Try to put the opponent to the table to negotiate
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V
Way to do it (đọc cái solution)
Solution
- What you get → find out the opponent’s interest and create motivation for
them
- What you lose → make the signal to imply that the opponent will lose
something
- What you face → maintain the current status but find allies to put pressure
on the opponent
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EX:
GET STARTED
1. Get started
ICE BREAKING ACTIVITIES
saying or doing positive things to reduce the tension
(coffee time, relaxation time,...)
I
V
INTRODUCTION
Both sides must know issues, agenda, attendees
I
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V
GOODWILL
Express your goodwill (but not too aggressively) ko đc hạ thấp mình
Câu mở đầu:
Xin chào, những ngày qua thấy thời tiết ntn? (hỏi lòng vòng r ms welcome, chúng tôi
rất vinh dự khi là nc đứng ra tổ chức b đàm phán giữa các bên về vấn đề abc
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TARGET/BATNA based on Fulcrum
→ Thăm dò đối phương
1. TARGET 1. TARGET
Phí lót tay = 5 tỷ 1 năm Hợp đồng 3 năm
Lương 400 triệu 1 tháng Lương từ 300 triệu 1 tháng
2. BATNA 2. BATNA
Clb khác tại VN
Clb HQ
Clb NB
Clb Châu Âu
IRAN USA
1. TARGET 1. TARGET
Develop nuclear energy for peaceful Stop the possibility of making a
use (electricity, healthcare) nuclear weapon
2. BATNA 2. BATNA
… …
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Provide 2,3,4 or more options
I
V
… to discover the opponent’s choices
… don't want to push the opponent into the end
I
V
… to bring interest for both sides
→ Khuyến khích đối phương lựa chọn các options mình đưa ra trao đổi
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EX: VietSoPetro Joint Venture
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6. Exit Warning - Dọa dừng đàm phán
Applicability
Make a signal that you will quit the talks
I
V
The opponent worries about your withdrawal
I
V
… to put the pressure on the opponent
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EX: CL - HĐ Railways Project put into operation
EX: VN - CHINA during and after the HD981 oil rig crisis
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EX: Chinese Policy in Eat Sea
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EX: Chiêu bán hàng
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By giving them money or what they want
I
V
Members of the opponent to do something for you
Situation:
You are ready to negotiate, but the opponent is not
I
V
Try to put the opponent on the table
I
V
How to do?
(what u get? What u lose? What u face)
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V
Yes/No (Recalcitrance)
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Ex:
Solution:
Accept the existing status
(admit the current rule, game)
I
V
Try to balance
(keep your stable point of view = thi gan vs nhau)
I
V
#1: Make “suggestion” proactively
#2: Use “sweet words” to persuade them
#3: Give up “something= AVVE” to end the disagreement
Ex:
VN needs COC but China do not
Suggestion → giữ nguyên trạng + cùng khai thác
Sweet words → 16 Golden words + 4 Good
Something → add value via exchange
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2. Lack of trust (thiếu tin tưởng lẫn nhau)
Situation:
Lack of trust
I
V
Unwilling to provide information
I
V
Both parties must share information
I
V
The depth of information will be increased
I
V
Build the trust
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3. Dependence (phụ thuộc lẫn nhau)
Situation:
The agreement of this negotiation (A) depends on the agreement of other
negotiations (B)
MOVE:
- If A is important and can be finalized
- Divide it into 2 separate parts and get it done
WAIT:
- If A is less important and can not be finalized
- Waiting for B
DISCUSSION:
Các vấn đề như nội dung SGK, tù binh, lao động cưỡng bức, thăm đền
Yasukuni,... luôn gây căng thẳng trong quan hệ giữa Nhật Bản với TQ, Đài
Loan, Hàn Quốc, Triều Tiên,...
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V
VN từng bị NB chiếm đóng và khiến 2 triệu người dân chết đói, nhưng VN
không phản ứng gay gắt như các nước trên. Theo em, vì sao?
Explain:
- VN có văn hóa dễ dàng tha thứ nhưng không quên tội ác mà NB đã gây
ra ở VN
- Trong vấn đề Biển Đông, NB là 1 trong các cường quốc ở Châu Á lên
tiếng ủng hộ VN mạnh mẽ, phản đối TQ đánh bắt trái phép, xâm phạm
chủ quyền biển của VN tại BĐ → support VN in sea dispute
- Jpn is the member of the UN’s Security Council → do đó NB sẽ ủng hộ,
bênh vực VN nếu VN bị Nga + TQ kiếm chuyện. Nếu VN không làm
thân vs NB thì VN sẽ không còn ai để cùng sát cánh trên trường quốc
tế
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- NB là quân cờ giúp VN balance the relationship with China and Russia
- NB correct its mistake in the past by fully financing construction the Đa
Nhim Hydro Power Plant in Ninh Thuan
- NB thực hiện ODA diplomacy, strongly invest in VN, lend to Vietnam at
preferential prices
Situation:
Stakeholders join/ do not join in the negotiation
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V
Identify the interest/ rights for them
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V
The purpose of hindering is based on their interests and rights
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Neutralize their hindering purpose (add value via exchange)
DISCUSSION:
Có quan điểm cho rằng “Các nước nhỏ không có ngoại giao, chính trị TG đó
là cuộc chơi của các nước lớn”. Mối quan hệ giữa nước nhỏ và nước lớn là
gì?
Nước nhỏ sẽ sử dụng chiến lược ngoại giao như: phòng bị nước đôi, phù
thịnh, cân bằng sức mạnh → VN dùng phòng bị nước đôi, ngoại giao cây tre.
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BÀI 7: NEGOTIATION MISTAKES
Withdrawal of the US
The abolition of the Republic of VN’s regime
The US
The Republic of VN
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V
You try to win the opponent by any cost
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V
You accept to pay higher than expected
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V
You can win, but you have to pay too much cost
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The negotiation might collapse
↕️
Pause: temporary stop to calm down
Mediator: soften the emotions and reconnect 2 sides
What is Skill?
Skill is the real ability to do something
(khả năng thực sự làm việc gì đó)
I
V
You do something
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V
The way you do is bad ~ you have poor skill
The way you do is good ~ you have good skill
Hard skill Soft skill
Hard skills indicate your knowledge, Soft skills are related to the
experience, and expertise by doing interaction between you and others
something (can quantify) so-called interpersonal skills
Ex: - Communication
- Listening - Leadership
- Writing - Time management
- Driving
Listening
You listen to the opponent and others
Level 1: listen but your mind is out of nowhere
Level 2: only listen to what you need to
Level 3: listen and think about how to respond
Level 4: put yourself in the position of speaker
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V
Summarize the conservation
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Writing
You listen and then note the conservation
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V
Write quickly
Keyword
Mapping
Negotiation
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V
Listen to them
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V
Pause the conservation to calm down
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Find the cause of their anger
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- Stay calm and control your emotions steadily
- Maintain your position in the negotiation
- Reply back (by words, gestures, attitude,...)
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begin with, both Vietnam and China must consider their BATNA, which refers
to the best alternative option available if negotiations fail. In the context of the
South China Sea, this could involve exploring diplomatic channels such as
multilateral negotiations through organizations like ASEAN or seeking
arbitration through international legal mechanisms like the United Nations
Convention on the Law of the Sea (UNCLOS). By having strong BATNAs, both
countries can negotiate from positions of relative strength, increasing the
likelihood of reaching a mutually acceptable agreement.Furthermore,
understanding the ZOPA is crucial for finding common ground between
Vietnam and China. The ZOPA represents the range within which an
agreement can be reached that satisfies both parties' interests. By conducting
thorough assessments of each other's interests and priorities, including
economic, security, and diplomatic concerns, Vietnam and China can identify
potential areas of compromise and negotiation. This may involve delineating
maritime boundaries, resource-sharing agreements, or establishing joint
cooperation mechanisms for environmental protection and maritime
safety.Lastly, evaluating AVVE factors can help Vietnam and China assess the
feasibility and desirability of potential agreements. Alternatives refer to other
possible courses of action if negotiations fail, while values encompass the
core interests and principles each country seeks to uphold. Volatility
evaluation involves analyzing external factors such as regional geopolitics,
economic interdependencies, and the involvement of external actors. By
carefully weighing these factors, Vietnam and China can gauge the risks and
benefits of different negotiation outcomes and make informed decisions
accordingly.In conclusion, resolving the South China Sea issue between
Vietnam and China requires a nuanced understanding of each other's
interests, effective negotiation strategies, and a commitment to peaceful
conflict resolution. By applying the principles of BATNA, ZOPA, and AVVE,
both countries can work towards mutually acceptable solutions that promote
regional stability, security, and cooperation.
Vấn đề sông Mê Kong
The Situation of the Mekong RiverThe Mekong River plays a crucial role in the
life and economic development of many Asian countries, particularly
Cambodia, Laos, Thailand, and Vietnam. However, the river is facing
numerous challenges, from climate change to imbalanced economic
development. Write an essay on the current situation of the Mekong River and
how the relevant countries can collaborate to address these challenges.
The Mekong River stands as the lifeblood of existence and economic
prosperity for numerous Asian nations, yet its current state presents a
worrisome tableau of challenges. From climate change-induced fluctuations
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to biodiversity loss and the specter of unbalanced economic development, the
Mekong River basin confronts an array of issues that demand concerted
action and regional cooperation.First and foremost, fostering international
collaboration is paramount in devising and implementing plans to safeguard
and restore the Mekong River's environment. Such efforts necessitate the
sharing of information, expertise, and resources among the concerned nations
to mitigate the impacts of climate change and biodiversity loss.Secondly,
enhanced resource management and sustainable economic development are
imperative. This entails the construction of water infrastructure, effective river
basin management, and the bolstering of environmental education and
awareness campaigns. By adopting a holistic approach to resource
management, countries can safeguard the ecological integrity of the Mekong
River while ensuring sustainable economic growth.Lastly, there is an urgent
need for bolstered multilateral cooperation and the establishment of joint
governance mechanisms for the Mekong River. Through such initiatives,
nations can foster a peaceful, stable, and sustainable environment across the
entire Mekong River basin.In conclusion, the situation of the Mekong River
underscores the pressing need for collaborative action and shared
responsibility among the riparian nations. By addressing the challenges
through international cooperation, nations can pave the way for a future where
the Mekong River remains a beacon of life, prosperity, and sustainability for
generations to come.
Nga và Ukaine
The conflict between Russia and Ukraine presents a complex situation where
the principles of BATNA (Best Alternative to a Negotiated Agreement), ZOPA
(Zone of Possible Agreement), and AVVE (Alternatives, Values, and Volatility
Evaluation) can offer valuable insights for resolution.BATNA encourages both
parties to consider their best alternative options if negotiations fail. For Russia
and Ukraine, this could involve assessing the potential consequences of
continued conflict versus the benefits of diplomatic resolution. Understanding
their BATNAs can empower them to negotiate from positions of strength and
explore mutually beneficial outcomes.ZOPA highlights the importance of
identifying common ground and potential areas of agreement. Despite their
differences, Russia and Ukraine may find overlapping interests in areas such
as economic cooperation, security guarantees, or territorial arrangements. By
exploring the ZOPA, they can work towards compromises that address shared
concerns and promote stability in the region.AVVE emphasizes the need to
evaluate alternatives, values, and external factors influencing the conflict.
Russia and Ukraine must weigh the risks and benefits of various negotiation
outcomes while upholding their core values and interests. Additionally,
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considering external factors such as international alliances and regional
dynamics is essential for devising sustainable solutions and mitigating
volatility.In conclusion, by applying the principles of BATNA, ZOPA, and AVVE,
Russia and Ukraine can navigate the complexities of their conflict and chart a
path towards peace, stability, and mutual prosperity.
CGV và Spiderman (ice,nego,goodwill)
CGV has devised a comprehensive plan to facilitate ice-breaking activities and
negotiations with the Spider-Man film crew. Here's how they've structured
their approach:
**Ice-breaking Activities:**
- **9:00 am - 11:00 am:** Hosting the crew at the renowned Rex Hotel, offering
a panoramic view of Ho Chi Minh City, and providing easy access to the CGV
center for convenient transportation.
- **11:00 am - 1:00 pm:** Allowing the crew to relax and enjoy lunch at Rex
Hotel to experience its services and amenities.
- **2:00 pm - 5:00 pm:** Accompanying the crew to Nguyen Hue walking
street, arranging transportation, and creating a positive impression before
negotiations begin to showcase CGV's hospitality.
**Goodwill Gestures:
CGV exhibited goodwill by providing support and hospitality to the crew a day
before negotiations. Inviting them to negotiate at CGV headquarters
underscores professionalism and builds trust. Negotiations will remain
confidential until both parties agree to disclose information.
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Overall, these strategies demonstrate CGV's commitment to establishing
rapport, fostering a positive negotiation environment, and cultivating goodwill
with the Spider-Man film crew.
Cuba- USA (barriers, mistake)
In navigating the complexities of diplomatic relations with Cuba, the United States faces
significant barriers and potential mistakes:
Barriers:
- Historical Resistance: The US adamantly refuses to relinquish control of Guantanamo Bay,
citing historical circumstances surrounding America's acquisition of Cuba from Spain.
- Strategic Importance and Security Concerns: Cuba's strategic location in the northern
Caribbean poses a challenge to any potential transfer of control, as the US views it as vital
for safeguarding key trade routes and national security interests.
Mistake:
- Overestimation of External Support: Cuba has historically relied on alliances with countries
like China and Russia, potentially overlooking the nuances of current geopolitical dynamics
and the complexities of diplomatic relationships
- Underestimation of Diplomatic Challenges: Cuba's political and social structure differs
significantly from that of the US, leading to diplomatic challenges and misunderstandings,
which hinder efforts to improve relations between the two nations.
Mỹ Trung (barriers, mis)
In negotiations between the United States and China, several barriers and mistakes have
hindered the process and outcomes of the talks. Here are some common barriers and
mistakes:
**Barriers:
1. **Trade Issues:** Disputes over trade such as tariffs, trade protectionism, and trade
deficit recriminations have created a tense environment, making negotiations difficult and
reaching agreements challenging.
3. **Cultural and Political Differences:** Differences in culture and politics between the
United States and China can lead to misunderstandings and conflicts, undermining trust-
building and agreement-making efforts.
**Mistakes:**
2. **Lack of Flexibility:** Inflexibility in negotiation and attempts to coerce the other party
can lead to the breakdown of negotiations and failure to achieve desired outcomes.
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3. **Lack of Respect:** Failure to respect the perspectives and interests of the other party
can lead to opposition and difficulties in conducting effective negotiations.
Identifying and overcoming these barriers and mistakes is essential to creating a positive
negotiation environment and achieving mutually beneficial agreements.
Liên quan đến vấn đề bản quyền
Barriers:
Mistakes:
1. **Lack of Control and Monitoring:** Organizations and individuals may make mistakes by
not having effective control and monitoring systems to ensure compliance and protection of
their copyrights.
2. **Incorrect Assessment of Copyright Value:** Mistakes can occur in assessing the value
of artistic works or copyright rights, leading to unfair or disadvantageous agreements.
Identifying and addressing these barriers and mistakes is crucial for effectively protecting
and managing copyrights in the entertainment and showbiz industry.
Tình hình căng thẳng giữa Triều Tiên và Hàn Quốc
1. BATNA,ZOPA,AVVE
1. BATNA (Best Alternative to a Negotiated Agreement):
• South Korea: South Korea’s BATNA may involve strengthening military
alliances with allies such as the United States and Japan, as well as implementing
defensive measures to counter any unforeseen military actions from North Korea.
• North Korea: North Korea’s BATNA could be to continue developing and
testing nuclear weapons and missiles, using them as part of its national defense
strategy to ensure security and autonomy.
2. ZOPA (Zone of Possible Agreement):
• In the current situation between South Korea and North Korea, the ZOPA is
very narrow due to significant differences in viewpoints and goals between the two
parties. However, a small ZOPA may exist if both parties are willing to accept minimizing
or controlling the scope and scale of nuclear weapons.
3. AVVE (Alternatives, Values, and Volatility Evaluation):
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• Alternatives: Both South Korea and North Korea need to assess alternatives
such as international cooperation in nuclear arms control and resolving differences
through negotiations.
• Values: Both parties highly value national security and territorial sovereignty,
which increases tension and undermines the possibility of reaching an agreement.
• Volatility: The situation on the Korean Peninsula is always volatile and
uncertain, increasing the risk and difficulty in conducting negotiations.
2. ICE,nego,goodwill
Ice-breaking Activities:
Negotiation Session:
Goodwill Gestures:
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Mistakes:
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