La presente tesis pretende utilizar el Método Harvard en la negociación comercial entre comprador y proveedor que sirva como herramienta, con el objetivo que el proveedor nos entregué los productos a tiempo, sin que haya desabastecimiento y así mismo poder obtener un mejor precio por ende poder obtener mejores ahorros. This thesis intends to use the Harvard Method in the commercial negotiation between buyer and supplier that serves as a tool, with the objective that the supplier delivered the products on time, without there being lack of supplies and likewise being able to obtain a better price thus obtaining better savings.

Violence at sea has long been a problem for the international community, although the nature and preponderance of incidents has evolved over time. This issue was dealt with in a cursory manner in the 1982 United Nations Convention on the Law of the Sea and therefore states have had to develop the legal framework through other instruments in order to address growing problems of maritime violence. This thesis examines mechanisms of change in the development of international law concerning maritime violence. It considers how international law has responded to this threat, and analyses a variety of different law-making techniques. This study observes that major international law-making activities concerning maritime violence in the recent decades have been in response to international incidents and crises, such as the Achille Lauro, the September 11 attacks, and the Somali piracy crisis. Counterfactually speaking, such law-making acts would not have taken place if these crises had not happened. The study also notes another shift of focus in making international rules aiming to tackle maritime violence away from customary international law and multilateral treaties towards an incremental dependence on United Nations Security Council resolutions, International Maritime Organization’s initiatives, regional cooperative measures, and treaty interpretation techniques for filling the gaps left in the United Nations Convention on the Law of the Sea. With this shift in law-making in mind, the thesis first explores gaps in law regarding piracy and terrorism at sea and reviews the negotiation of two major maritime terrorism treaties, i.e. the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its 2005 Protocol. Secondly, it then inspects the United Nations Security Council’s law-making activities in combating terrorism and piracy. Thirdly, it surveys the creation and evolution of the Proliferation Security Initiative and also scrutinises the United States-led bilateral ship-boarding agreements for combating transportation of weapons of mass destruction. Finally, it compares and contrasts the regional approaches across Asia, Africa and Europe in the fight against piracy and armed robbery at sea. The thesis contends that each of the law-making technique employed in fighting maritime violence is not alternative or optional to one another, but rather used in a supplementary fashion to the overarching framework of the law of the sea.

Many cultural and social psychological studies have been conducted at the societal level and at the individual level and generalised for all members in that society. This ignores the fact that there are many distinctive subgroups with their own subgroup cultures within a society. These subgroup cultures also have an influence on individuals, and need to be explored at an individual level. A survey in both English and Chinese was posted to 1,869 Chinese private equity professionals in the People’s Republic of China and Hong Kong and resulted in 376 responses. The survey measured the core values and beliefs of individualism, collectivism, power distance, social axioms, Machiavellianism, Confucianism, and preferred negotiation style for those who have had overseas exposure in Anglo-Saxon countries and those who have not. The theories employed in the study were institutional theory, the resource-based view, and social psychological theories. A partial least squares structural equation model was used to determine relationships. Significant differences between Chinese private equity professionals who have worked or studied in Anglo-Saxon countries and those who had not were found for individualism, vertical collectivism, Machiavellian control and status, three aspects of Confucianism, and also the controlling negotiation style. The model devised can be adapted for other societal subgroups to measure, not just preferred negotiation styles, but other important organizational relationship-dependent factors such as leadership style, decision-making, and trust. The model can be employed to further understand many types of organisations and industries anywhere in the world.

O compartilhamento de infra-estrutura entre empresas dos setores de energia elétrica, telecomunicações e petróleo é fonte de negociações, muitas vezes conflituosas, uma vez que a infra-estrutura construída para determinado serviço deve, por lei, ser compartilhada por outro, sempre que possível. Neste contexto, a presente tese analisou os contratos homologados, gerados pela necessidade de compartilhamento de infra-estrutura, entre esses setores, principalmente sob a ótica do direito de propriedade, bem como eventuais conflitos que envolvem as respectivas agências reguladoras (ANEEL, ANATEL e ANP). Para tanto, foi utilizada a pesquisa qualitativa, inicialmente exploratória, visando conhecer o assunto em geral. Na seqüência, foram desenvolvidas pesquisas descritiva e analítica, com base nos contratos de compartilhamento de infra-estrutura, em entrevistas e questionários com os envolvidos na questão, utilizando a análise de conteúdo. Constatou-se a efetiva aplicabilidade prática da Resolução Conjunta no 01/1999 (que dispõe sobre o compartilhamento de infra-estrutura), e que o preço é a principal divergência entre as empresas, existindo, todavia, uma abertura nas agências para essa discussão, como na Audiência Pública no 07/2007, realizada pela ANEEL e ANATEL. A liberdade de negociação das questões comerciais e de preço deve permanecer como o meio das partes buscarem por interesses comuns, sugere-se, contudo, considerar alterações na legislação vigente, que permita a inserção de uma metodologia que sirva de parâmetro legal nos conflitos para estabelecer preços, dando agilidade aos processos submetidos à arbitragem pelas agências reguladoras. Com isso, ampliar-se-ia o uso da via administrativa, em detrimento da via judicial, aumentando a utilização da Resolução no 02/2001 (que dispõe sobre a solução de conflitos das empresas pelas agências) e o efetivo uso do poder mediador das agências reguladoras, revertendo em benefícios às próprias empresas. / The infrastructure shared among companies from the electric energy, telecommunications, and oil sectors is a source of avid negotiation but not devoid of frequent conflicts. This is due to fact that the infrastructure constructed for one of the services must by law, be used for the other ones whenever possible. Within this context, the present dissertation analyzed homologated contracts, drawn up through the necessity of infrastructure sharing among these sectors, mainly in view of property rights, as well as eventual conflicts involving the respective regulating agencies (ANEEL, ANATEL and ANP). Therefore qualitative research methods were used, which were initially exploratory, in order to get to know the subject matter in a general manner. Following this, descriptive and analytical researches were developed based on infrastructure sharing contracts, interviews, and questionnaires among the involved parties, using content analysis. The practical application of Resolution no 01/1999 (which deals with infrastructure sharing) was taken into account, as well as the fact that the price was the main divergence among the companies. However, there has been some flexibility when the topic has been discussed by the respective agencies, as in the Open Meeting no 07/2007, held by ANEEL and ANATEL. The free negotiation of commercial issues as well as the prices involved must remain the way in which all parties seek their common interests. Furthermore, alterations can be suggested to the current law to permit the insertion of a methodology which would make a legal parameter possible in light of the conflicts involving establishing prices and quickening the processes submitted for arbitration by the regulating agencies. Thus, the use of the administrative method would be extended, in detriment to the judicial method, increasing the use of Resolution no 02/2001 (which deals with the solution of companies conflicts by the agencies) and the effective use of their mediating power, providing benefits to the companies themselves.

Made available in DSpace on 2014-06-12T15:52:19Z (GMT). No. of bitstreams: 2 arquivo3230_1.pdf: 3857855 bytes, checksum: 68166824b668991a7746113795017a33 (MD5) license.txt: 1748 bytes, checksum: 8a4605be74aa9ea9d79846c1fba20a33 (MD5) Previous issue date: 2010 / Universidade Federal de Campina Grande / Nos últimos anos diversas tecnologias foram desenvolvidas com o objetivo de facilitar a interação entre os usuários e seus dispositivos e melhorar a comunicação entre eles, necessitando da interoperabilidade entre essas tecnologias e, consequentemente, a necessidade de uma nova infraestrutura de rede que permita uma melhor adaptação aos novos requisitos criados por esta diversidade de tecnologias. O modelo de comunicação entre redes também está sendo modificado, uma vez que é esperado que elas sejam criadas dinamicamente para facilitar a utilização da rede pelos usuários e permitir que diversas operações sejam realizadas automaticamente (endereçamento, descoberta de serviços, etc.). Essas redes devem estar presentes em diversos cenários de comunicação e um dos seus principais desafios é permitir que diversos tipos de tecnologias cooperem em ambientes com alto dinamismo e heterogeneidade. Estas redes têm como objetivo interconectar diferentes tecnologias e domínios oferecendo uma comunicação que aparente ser homogêneo para os seus usuários. Para a criação dessas futuras redes dinâmicas pontos chaves são a interconexão e a cooperação entre as tecnologias envolvidas, o que exige o desenvolvimento de soluções para garantir que novos requisitos sejam suportados. Para permitir que novos requisitos sejam corretamente suportados, um conjunto de mecanismos para controlar a descoberta automática de recursos e realizar a sua configuração é proposto, permitindo que redes sejam criadas e adaptadas de maneira completamente automática. Também é proposto um mecanismo de negociação de políticas inter-domínio responsável por descobrir e negociar novos recursos que dever ser usados pelas redes, o que traz um novo modelo de comunicação baseado na criação oportunista de redes e ao mesmo tempo permite a criação de novos acordos de comunicação entre domínios administrativos de maneira dinâmica e sem a intervenção dos usuários ou dos administradores das redes

Cada vez mais brasileiros ingressam no sistema de franquias, buscando alternativas estruturadas para iniciar empreendimento. A partir do início da década de 90, o segmento obteve faturamentos crescentes, o que serviu de estímulo aos empreendedores. Buscando regulamentar a ação das redes, em 1994 foi criada a Lei 8.955, que instituiu princípios básicos do sistema no país, buscando legalizar a atuação das redes de franquia por meio da adequação de seus contratos e padrões de operação. Hoje o sistema conta com 1197 redes de franquias e mais de 65.553 unidades dados que comprovam a força do setor. Este crescimento deixa cada vez mais evidente a necessidade das franqueadoras desenvolverem medidas de soluções efetivas de conflitos em suas redes, visto que o sucesso do sistema é dado à medida em que o franqueado acata as normas do franqueador. Desta maneira, a dissertação identifica quais os conflitos organizacionais mais freqüentes nas redes entrevistadas, realizando observações sobre ações preventivas adotadas. Para tanto, foi realizada uma pesquisa qualitativa, do tipo estudo de caso, em quatro redes de franquias do setor alimentício. Inicialmente, foram pesquisadas fontes secundárias de dados, com o intuito de se estruturar uma revisão teórica que contextualizasse com precisão o panorama atual da estruturação do sistema de franquias no Brasil, bem como fundamentos de prevenção de conflitos pela negociação. Os dados coletados foram analisados pela análise de proposições teóricas. Identificou-se que os principais conflitos das redes são causados por falhas de comunicação entre as partes, contratos desestruturados e por falhas na padronização de produtos da rede Outra constatação foi a de que algumas redes de franquias adotam medidas de prevenção de conflitos que posteriormente podem originar conflitos ainda maiores. / Each year more Brazilians enter the franchise system, seeking alternatives to start structured venture. From the beginning of the 90s the growing segment obtained rising incomes which served as a stimulus to entrepreneurs. Seeking to regulate the action of franchise, was created in 1994 the 8955 Law, establishing basic principles of the system in the country, seeking to legalize performance of franchise through the adequacy of their contracts and standards of operation. Today the system has 1,197 franchise networks and more than 65,553 units - data that show the strength of the sector. This growth makes increasingly clear the need for franchisors to develop effective solutions to conflicts in their networks since the success of the system is given to the extent that the franchisee abides the rules of the franchisor. Thus, the dissertation identifies the most frequent organizational conflict on interviewed networks, making remarks on preventive actions taken. To achieve this, it will place a qualitative research, case study type in four franchises of the food sector. Initially, a secondary data research was done in order to organize a theoretical review able to put into context accurately the current situation of the franchise system structuring in Brazilas well as grounds for resolving disputes by negotiation. Data collected were analyzed by analysis of theoretical propositions. It was identified that the main conflicts of networks are caused by failures of communication between the involved, unstructured contracts and failure of standardization of product in the network. Another finding was that some networks of franchises adopt measures to prevent conflicts that may later cause even greater conflict, and there are differences in the methods of prevention and solution of conflicts in the degree of experience of networks.

M.A. (Communication Studies) / Negotiation is at present a key concept in South Africa. It is also a comprehensive one. This is the motivation for this study. In South Africa negotiation is not only a relevant subject, but also a complex one which necessitates further examination. In this study the subject is reduced by focusing on political negotiation from a communication perspective. The dynamics of negotiation and negotiation communication are examined by means of a literature study. From this, and through empirical observation, applications concerning the South African political negotiation process are made. Perspectives on political negotiation in the South African context are given as an introduction: the current political situation, the development of negotiation as choice of policy and the state of the negotiation process. With this background in mind the concept. of negotiation and approaches to the study of the negotiation process are described. Communication is a key element in this process and its role in negotiation as well as its relationship with other elements of the process are analysed. Eventually there is a return to the South African political context with the demonstration of the dynamic role of communication in negotiation in this context. Through this an attempt is made to give explanations for political negotiation communication in South Africa and on this basis guidelines about the subject are suggested. By emphasizing the importance of communication in political negotiation in South Africa and by highlighting essentials in this dynamics, an attempt is made to provide a contribution to the understanding of the complex, but relevant subject of negotiation in South Africa.

The aim of this study was to explore coping mechanisms used in acute stress situations and how these effect performance. Specifically, the aim was to study how hostage and crisis negotiators use different types of coping mechanisms to reach a positive result in negotiations. Crisis negotiations have several attributes that make them interesting to study from a coping perspective.  They regularly present high-stake situations where people’s well-being and lives can be at risk, creating a highly stressful situation for the negotiator. These situations are often very emotionally charged and the negotiator has to deal with both the emotions of the person they are negotiating with as well as their own. A qualitative method was used in the study and the data was collected in semi-structured interviews. A content analysis was carried out to analyse the material. Five categories were distilled from the material; team, internal skills, negotiation tools, physical techniques and organisation. Themes that particularly stood out were the importance of the support from the team, internal skills such as self-control and lowering physiological stress reactions by deep breathing. These were all seen as contributing to an increased performance.

This paper investigates the advantages and disadvantages of the use of e-mail to obtain agreement between two parties with overlapping but also conflicting interests. The literature on Media Richness suggests that e-mail is too lean to facilitate agreement; but all supporting evidence stems from homogenous populations. This paper, however, starts from the hypothesis that in connection with lingua franca interaction, the text format provides advantages for parties that need to think how to phrase an argument. However, the evidence provided from a negotiation task performed by international business students indicates that, while there is a distinct advantage in the feature of reviewability, the text format itself also poses a problem because it allows selective attention. / Series: WU Online Papers in International Business Communication / Series One: Intercultural Communication and Language Learning

The success of international business depends on effective negotiations. Such negotiations do no happen in a vacuum, but usually in a specific environment that includes; time, surrounding, place, culture and people. The business environmental setting includes legal and political pluralism, currency fluctuations, foreign exchange, foreign government controls, bureaucracy, instability, change, ideological and cultural differences, as well as the influence of external stakeholders. These business negotiations environments can influence the behaviour of negotiation in global firms, impacting firms internationally. The reasons to negotiate on an international level may include considerations such as: choice of venue, culture to observe; and the outcome of the negotiation process. The aim of this study was to determine the influence of the international marketing environment, awareness of negotiation skill, interest groups and negotiation atmosphere on behaviour of marketers in a global firm. The study assessed the impact of negotiation behaviour on business agreements based on trust and certainty and level of commitment. The purpose of the study was to gauge the impact of negotiations behaviour pertaining to failure of business negotiations in Tanzania. In addition, the study endeavoured to determine the impact of environmental variables on the negotiation behaviour of marketers. The questionnaires used in the study comprised seven variables with statements linked to a five-point Likert-type interval scale varying from “strongly agree” to “strongly disagree. Self-administered questionnaires were used for data collection from global firms’ marketers and their management representatives; 323 questionnaires were collected from respondents. This study contributed to the literature on negotiation behaviour in a global firm and the perceptions of such global marketers in Tanzania. Many international companies in Tanzania find it difficult to formulate and implement a comprehensive business strategy; therefore, this study intends to equip international business managers with the leadership skills required. Based on the findings of this study, the negotiators and government are expected to play a major role in business negotiations to promote effective trade agreements despite limitations of political influence in the negotiation process. Political stability in a country enhances foreign business which in turn improves negotiation behaviour. A just legal system, with clear and unambiguous business guidelines and policies would benefit and promote local businesses and government representatives and negotiators in respect of international business negotiation behaviour. Reasonable tax and interest rates and fair business policies should improve international trade negotiations and business practices. In order to conduct successful international negotiations aspects such as culture, language differences, customs and traditions are important and should enjoy high priority. Aspects such as these mentioned influence the conducting and atmosphere and outcome of negotiations. The study reveals that the use of specialists and interpreters are imperative to guarantee understanding and successful outcomes. According to the findings negotiators should possess good negotiating skills to be able to steer the negotiation process through the different phases of negotiation that requires different negotiating skills at each stage of negotiation. It is clear that to have successful win-win negotiation outcomes the leading negotiator should put together a good team, with expert knowledge of product or conditions and negotiating skill, as well as possessing the attributes mentioned in the previous paragraph. The negotiator should also be able to determine authority limits, patience and observe negotiation ethics. No team disagreements concerning the business/project matters should be aired in front of counterparts during negotiations and professional conduct must prevail at all times. The findings of the study indicated that awareness of the practice of offering concessions regarding government tariff laws and price discounts that is in line with traditions in Tanzania. Concessions should not be made until all issues have been discussed, to avoid granting unnecessary benefits during negotiation that might be interpreted as bribery. This study concluded that it is important that marketers meet the requirements of business practices by sharing clear guidelines and policies regarding business practices, as this will lead to fruitful decisions. It was also found that negotiation behaviour improves when negotiators are willing to share information and agree that all communication must be in writing; marketers are more comfortable when there is a clear understanding of matters agreed upon, the choice of trading partners and that all trading agreements are written and a contract signed by all the parties, including governments where necessary. Marketers’ intentions are derived from the common interests of both parties and the negotiations should always take place in avenue that is suitable to both parties, conducted in fairness and offers must be reasonable and attainable with a positive outcome as the ultimate aim for both parties. This study reveals that negotiators insist on the use an agent or agents and sub-contractors to ensure mutually beneficial strategic business partnerships. However, when the role of the interest groups is explained to all participants, negotiation behaviour improves. It can also be concluded that negotiators allow interest groups to participate as team leaders and their number should be equal to the number of foreign negotiators, to ensure that marketers feel more at ease and comfortable to participate. An atmosphere based on bargaining power exerts a positive influence on the level of commitment among negotiating partners; and can be a predictor of the range of agreement as well as shape limits and priorities among dimensions of rivalry. However, it is important for marketers to express willingness to accept the terms of their counterpart’s bargaining zone regardless of non-profitable quotas at stake; identify areas of bargaining from foreign traders even if they are not attractive enough for local traders and are comfortable with the counterparts’ bargaining zone regarding fixed rates on exporting and importing quotas between trading partners to build trust among negotiators. In conclusion, it was found that negotiation behaviour has a positive influence on the level of commitment of trading partners. A positive business relationship is created on trust and a high-level of commitment which should be of great satisfaction to negotiating parties for future prospective negotiations.