Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Negotiation as Diplomatic Rule-Making

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Diplomatic methods contribute to the making of rules (both hard law and soft law), once legal and political conditions prevailing at the domestic and international level are appropriate for take-off. The point of departure is a consensus among involved countries and relevant non-state stakeholders that a new transboundary regulation is needed because the matter cannot be adequately managed in the domestic arena or the problem to be settled concerns a plurality of states. This diplomatic rule-making process is viewed as a metaphor of international negotiation. Lawyer-negotiators, steeped in their professional culture, are a key factor in this negotiating process; they are experts in law, procedure and institution-building. Their main concern is the linkage between new rules being made and existing law, as well as the future implementation of these rules. Important tools for rule-making are leadership, precedents, flexibility and draftsmanship. A major constraint is sovereignty which is at the basis of all intergovernmental activities. However, as a consequence of growing interdependence, more and more states accept the intrusion of international regulation in their hitherto domestic affairs. Thus, the metaphor of negotiation as diplomatic rule-making has become well established.

Affiliations: 1: Austrian Embassy, Rue de l'Abbaye 47, B-1050 Brussels, Belgium


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    International Negotiation — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation