The Role of Power in Negotiation

Negotiating Essentials

Negotiating Essentials

Always wanted to get a better deal but didn't have the needed negotiation skills? Here are some of the best negotiation theories. The ability to negotiate is a skill which everyone should have. With the ability to negotiate you can take charge of your life, your finances and your destiny. If you feel that others are simply born with the skill to negotiate, you should know that everyone can learn this wonderful skill.

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20 Negotiation Tactics

This 70 minute video gives you access to a whole new world of negotiation techniques that you probably have never thought of before. You will learn the psychology of how people make choices, and how you can leverage those choices into your advantage in a negotiation setting. All of these tips were chosen because of how widely they can be applied to all kinds of situations. You will also get 50 real-life examples to use in your own negotiations, so that you can learn to never be taken advantage of. All we need is 70 minutes of your time, and we can have you negotiating like a pro, to be able to have people see your way, no matter what you're proposing. All of these tactics can be applied in many different settings, such as asking for a raise, getting a job, or even winning an argument! All these tactics can change how people view you, and give yourself authority!

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Followup to the CBD Current Negotiations for the Realization of Farmers Rights in the Context of the Revision of the

Following the entry into force of the Convention, countries, through the FAO Conference, adopted Resolution 7 93 for the negotiation of the revision of the International Undertaking in harmony with the Convention, including inter alia, the realization of farmers' rights. These negotiations are being carried out through regular and extraordinary negotiating sessions of the Commission. (For more detailed information on the revision of the International Undertaking, see Appendix 15.1.) Relevant international organizations also participate as observers in sessions of the Commission. In order to facilitate the negotiations, a number of documents and analytical studies have been prepared by the secretariat for the consideration of the Commission.3

Equity and Access to Knowledge Resources

Naturally, the invocation of a 'new' economy did not displace 'old' economic interests, which are still privileged in the conceptual framework of trade policymakers and negotiators conventional trade in goods remains the benchmark for perceived comparative success in the international economy and in assessing relative economic interests. Policy debate has typically manifested a visceral preference for the tangible, placing higher value on exports of motor cars (and such national champions) than on exports of either the technologies and know-how used to make cars or of the insurance services that underwrite their use. The reflex 'commonsense' instinct in trade circles that it was not 'real trade' unless 'you can drop it on your foot' (Economist, 2004) recalls Johnson's realist response to the subjective idealism of Berkeley who would subsume the material realm into an ontology of intangibles 'I refute it thus', kicking a stone in his path. The slogan of the late 1970s - 'Hungry Eat...

Equity Legitimacy and the Rule of

Two modes of negotiation over equitable access to, and use of, knowledge resources - rules-based and result-oriented - have been distinguished. These correspond roughly with the notions of 'patterned' and 'non-patterned' forms of justice identified by Nozick (1974). But an attainable, practical equity that can be universally accepted may need to blend both these aspects - striking precise, effective bilateral understandings that optimize the interests of both user and access provider, yet comply with overarching standards of procedural fairness and distributive equity. A requirement to set outcome-oriented negotiations within a rules-based context is found in the CBD. Article 19 requires 'measures to promote and advance priority access on a fair and equitable basis . . . to the results and benefits arising from biotechnologies based upon GR provided . . .' but stipulates that such access 'shall be on mutually agreed terms'. The common challenge in negotiating knowledge resources is to...

Trade Policy6 431 Basic Issues

Trade policy has been the subject of intensive international negotiation for decades. Ever since the disastrous tariff wars of the 1930s, the aim of the negotiations has been the progressive dismantling of barriers to international trade. There is an international consensus that high rates of protection not only invite retaliatory protection measures by trading partners but also lead to inefficiencies in a country's own productive structure, by removing pressure for productivity increases and for reallocating a country's productive resources to its more competitive product lines. The benefits that derive from greater volumes of international trade give developing countries an interest in promoting it and in ensuring fairness in international trading rules. However, since the completion of the Uruguay Round (UR), developed countries have increased their exports more than developing countries have, and concerns have been raised about the continuance of agricultural protection measures...

Intellectual Property Rights

Most of the basic tools used in many biotechnology projects in developing countries (promoters, markers, transformation processes (biolistics, Agrobacterium), broad-scope enabling techniques) have been patented by their inventors in industrial countries and are in the hands of a few large life-sciences companies. Some of these R & D projects in developing countries are nearing completion. Initial material transfer agreements (MTAs) covered only research applications and laboratories, and some companies are now facing difficult negotiations to allow licensing of the right of commercialization of their transgenic products (Cohen, 2000).

Negotiating Equity over Genetic Resources and Traditional Knowledge

Trade negotiations over knowledge resource issues are marked by diversity and divergence in principles and values in cultural and ethical perspectives, in policy objectives and in trade and property interests, as well as negotiating asymmetries and the impact of technological development. These factors help shape the contested interaction between the regimes that govern custodianship and sovereignty over GR and the regulation of the access to, use of, and sharing of, benefits from GR and associated TK and the international standards and national laws that govern the grant of patent rights for eligible inventions. The debate has focused on the desirability (from a public policy point of view) and the legitimacy of certain patents that are cited as instances of misappropriation or misuse of GR or TK - patents that are denounced as acts or evidence of biopiracy. The legitimacy of such patents has been challenged on diverse grounds A politically sustainable and practically workable...

Effects on Biotechnological Innovation

In what Merges and Nelson (1994) call a systems technology, product manufacturing typically involves the use of components that are already patented by other parties. Agricultural biotechnology is one such systems technology, in which innovations are increasingly dependent on an array of separately held techniques, genetic materials, and laboratory instruments. As this array becomes further fragmented with the deterioration in the scope and quality of the average biological utility patent, the laboratory user's compliance cost - the informational, organizational, and negotiating expenses of obtaining from the supplying patent-holders the permission to commercialize the user's own innovation - rises. Such costs are quite apart from any royalties that the user eventually pays once the negotiations are complete and acts as a substantial drag on innovation. A striking example is the development of Golden Rice at Cornell University, which turned out, ex post, to involve more than 50...

Recalibrating Trade Interests for a New Economy

Since it has substance and influence, the conception of a 'new economy' or a 'knowledge economy' brings a fresh array of redefined interests to bear on the positions taken in trade negotiations, and induces a demand for new legal and ethical standards, most strikingly in revisiting the conventional notion of the public domain or the common heritage. Alongside, and influenced by, traditional factor endowments, economic interests are increasingly structured, construed and calculated in terms of equitable access to knowledge resources and to the technological developments they enable, as well as access to markets for innovative products. This is a political reality, whether or not it corresponds to an objective or empirical appraisal of national interests. Hence, conventional rivalry over traditional resources extends to the resources needed for knowledge-based economic activity. The knowledge component of international trade is perceived as a determinant of future prosperity, and the...

Compensation for Germplasm Resources Northern and Southern Approaches

Discussions of intellectual property rights issues relating to plant breeding have been vigorous and extensive over the last few decades. The legal protection of new plant material has expanded quite rapidly in the North over this period, especially in the United States. The latter insisted on the recent GATT negotiations on the Agreement on 'Trade-related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods' (TRIPS), which calls for protection of plant varieties worldwide. Article 27, 3(b) includes the provision that 'Members shall provide for the protection of plant varieties either by patents or by an effective suigeneris system or by any combination thereof'. There is a novelty requirement in Article 27, 1. The force of these provisions with respect to agriculture may well depend on legal interpretation of exclusions in Article 27, 2, which include those necessary to protect 'human, animal or plant life or health or to avoid serious prejudice to the...

Is UPOV an Effective Sui Generis System

Article 27.3 of TRIPS does not in any way refer to UPOV as the minimum standard for establishing a sui generis mechanism. The article language that members can protect plants using 'an effective sui generis' system rather than 'the sui generis' system lends credence to the argument that UPOV was not intended as 'the sui generis' system in TRIPS. Furthermore, when relying on other international treaties, TRIPS specifically refers to them such as the Paris and the Berne Conventions (TRIPS, 1994). In light of these specific treaty references, there is arguably no reason for the TRIPS text to exclude reference to UPOV in art. 27.3, especially if the negotiators had intended otherwise. The discussions in the WTO Secretariat document highlight why UPOV was not specifically designated in TRIPS as the sui generis system (Council for TRIPS, 2002). Switzerland and the USA asserted that the limited geographic coverage of UPOV at the time of the TRIPS negotiations precluded specific inclusion in...

A chronological narrative 521 The 1960s and the 1970s

As discussed in Section 3, the 1960s were years of high growth (in both developed and developing countries), moderate inflation, low (and even negative) real interest rates, accelerated expansion of trade, and high real prices of commodities (see Table 3). The economic buoyancy of those years was based on expansionary Keynesian macro-economic policies in industrialized and developing countries. Stable exchange rates among main industrialized countries under the Bretton Woods system, coupled with the liberalization and increase of world trade as a result of the success of the sequence of GATT rounds of trade negotiations, also supported world growth. LAC, Africa, and

Opportunities for Collaboration

Governments have an important role to play in facilitating and stimulating public and private sector cooperation, whether by providing incentives for the development of local companies or ensuring a clear regulatory framework for foreign companies. They may also need to be directly involved in negotiations for the transfer of proprietary technology between foreign companies and the public sector.

Towards a Code of Conduct on Biotechnology as It Relates to Genetic Resources for Food and Agriculture13

Subsequently, and taking into account that the CBD was developing a Biosafety protocol, the Commission recommended that the module on biosafety in relation to PGRFA be sent to the Executive Secretary of the Convention as FAO's contribution to the development of the protocol. In 1995, the Commission examined a report on recent international developments of interest to the draft Code of Conduct, and recommended that its further development and the negotiation be postponed until the negotiations for the ITPGRFA had been completed.

Project Work Still to be Undertaken

Pickups We are committed to seeing that the preliminary research and development is translated into boat building and boat plantation enterprises. Over the next half year the various national and international agencies responsible for fisheries development will need to be coordinated and .he entrepreneurial skills located to undertake the task. Ocean Arks International will coordinate the negotiations and seek financing for the implementation phase. Preliminary talks with the Inter-American Development Bank and Guyana Fisheries Limited have begun. Over the longer term OAI ill have to provide ongoing technical and training services to the Guyanese in order to ensure that the finest possible fishing vessels are developed and made available to the people of the southern Caribbean region.

Central and Eastern Europe

While the impact of EU accession will be important in shaping the future of the sector, it should still be realized that many of the changes were already in process before accession negotiations began. Many of the basic land reform laws had been implemented already. While significant restructuring of the farms is continuing, none of the changes is as radical

Economic technical and legal issues involved in a multilateral system to regulate the conservation and sustainable use

During the negotiations for the ITPGRFA, a number of complex economic, technical, and legal issues needed to be examined and understood in order to develop, negotiate, and reach consensus on innovative concepts and provisions, based on an interdisciplinary approach. To facilitate this negotiation, the secretariat of the negotiating body, the Commission on Genetic Resources for Food and Agriculture commissioned a number of technical papers, as part of its series Background Study Papers (available on the internet at http ). Many of the concepts discussed in this section were presented and developed in such papers.

Background The uniqueness of PGRFA

For such reasons, the second session of the Conference of the Parties to the CBD, in 1995, adopted decision 11 15, recognizing the special nature of agricultural biodiversity, its distinctive features and problems needing distinctive solutions. The Conference of the Parties also supported the negotiations for the ITPGRFA, in order to provide such solutions.

Concerns of developing nations

Developing nations underscored several factors necessitating a national regime for PVP rather than adopting a system similar to the protection prevalent in developed nations. First, in developing nations agriculture has a close nexus with the national economy. Compared with developed nations, the agricultural population is higher in developing nations. For example, the Food and Agriculture Organization (FAO) estimates the agricultural population for 2000 in developed nations at 99,752,000 against a population of 2,473,704,000 in developing nations and 467,339,000 in least-developed nations (Agricultural Data, 2004). Agriculture employs > 70 of the labour force in low-income countries, 30 in middle-income countries and only 4 in high-income countries (UNCTAD, 1999). Thus, agriculture remains the main source of income for the general population in low-income countries. The augmented agricultural population in developing countries increases the economy's dependency on agriculture....

Potential benefits of plant breeders rights

Despite the benefits, introducing PVP was one of the most debated items in the TRIPS Agreement. As a mark of the debate, the countries involved specifically slated art. 2 7.3 for review after 5 years (in 1999) from the enforcement of the agreement (in 1994). During the TRIPS negotiations, the USA encouraged patent protection of plants (GATT Secretariat, 1990). Japan, along with the USA, opined that PVP was indispensable for encouraging new technological solutions in agriculture (WTO Council for TRIPS, 2002). Developments in genetic technology accentuated the need to reward creative plant breeding (WTO Council for TRIPS, 2002). The European Union (EU), however, argued that plant varieties should be excluded from patent protection (GATT Secretariat, 29 March 1990 and 14 May 1990). Developing nations supported the European position on the basis that PVP would detrimentally affect national goals of poverty and hunger eradication (GATT Secretariat, 29 March 1990 and 14 May 1990).

Opportunities and Constraints

Recognizing IPR is a behavioural change that will come as a consequence of understanding the system. Solutions, however, must accompany this acceptance. It is already far from easy to develop transgenic products. It is extremely difficult and expensive to negotiate licence agreements. For example, nine different companies are involved in a project to commercialize a papaya cultivar that carries resistance to a virus disease. Alliances and joint projects with the international agricultural research centres (IARCs), US universities and other centres of excellence within the region could add strength to negotiations.

Other international forums

One possible method of addressing the benefit-sharing problem is through new international agreements under the auspices of the World Intellectual Property Organization (WIPO). For example, there are current negotiations sponsored by WIPO to establish a uniform definition of what is 'new', in addition to other patent law requirements under the draft Substantive Patent Law Treaty (SPLT) (WIPO, 2003 WIPO, 2004).6 The present proposed definition of 'new' would only consider an invention to be new if it was not earlier known or used anywhere in the world (Cullet, 2004, p. 2 75 WIPO, 2004). This definition is notably different from the present US definition, which excludes unprinted knowledge or use outside the USA from consideration. The USA has in fact considered amending its domestic law in the context of broader amendments to its patent laws (HR Patent Reform Act of 2005).

Online Intellectural Property Exchanges

Beginning in 1999, a number of entrepreneurial startup ventures emerged on the Internet with explicit business plans for creating virtual trading floors for intellectual assets. These online exchanges for IP were inspired by the basic Internet business-to-business (B2B) model, and their promotional efforts have touted the promises of free-market efficiency. The typical online IP exchange consists essentially of an embellished IP informatics service, or even more simply a list of technologies, augmented by basic services to allow technology owners and technology buyers to initiate negotiations for a license. Some of the premier exchanges have designed creative and comprehensive transaction-mediating and transaction-managing services, often integrated with more conventional operations of seasoned licensing professionals. Table 18-2 provides a recent list of active web-based IP exchanges, but consolidation is expected to continue, with ultimately just a handful remaining.

The International Undertaking on Plant Genetic Resources and the Development of Farmers Rights

Agenda 21, adopted by the United Nations Conference on Environment and Development (UNCED), called for the strengthening of the FAO Global System on Plant Genetic Resources and its adjustment in line with the outcome of negotiations on the CBD, as well as for the realization of farmers' rights. The Conference for the Adoption of the Agreed Text of the Convention on Biological Diversity also adopted complementary Resolution 3, identified access to existing ex situ collections and farmers' rights as outstanding issues not addressed by the Convention, and recognized that solutions should be sought within the FAO Global System. In following up on these matters, the FAO Conference, in November 1993, welcomed this resolution and unanimously adopted Resolution 7 93, 'Revision of the International Undertaking on Plant Genetic Resources', which requested the Director-General to provide a forum for negotiations among governments for In the resolution, the Conference urged that the process be...

Specific cost of production example

Further to the cost of germplasm development, the GE process requires securing the freedom to operate if it is for commercial purposes. Thus, licenses for relevant IPRs must be acquired. This can be a daunting task. For example, the number of U. S. patents related to Bt was 345 in October of 1999 (Phillips and Stovin, 1999). Further, as was noted above, key patents are often tightly held making negotiations difficult. The CDC, as a public research organization, was able to avoid some of the potentially larger sunk costs in licensing fees because of the research exemption. Nevertheless, to commercialize their research, the CDC needed to negotiate freedom to operate. By the time the GM flax was commercially viable, the CDC had received a U. S. patent for the biolistic GM process for flax, which offered the opportunity of cross-licensing. Licensing negotiations would be much more difficult and costly for other small organizations that do not enjoy a research exemption and do not yet have...

Approaches for Rationing

The strongest piece of evidence in support of our argument for intelligent rationing of power supply as the way to go is that intuitively most SEBs in India have already been doing some kind of rationing of farm power supply now for more than a decade. Andhra Pradesh, where the new government announced free power, also announced that farm power supply would henceforth be restricted to 7 h day. Nobody - farmers included - considers 24 h, uninterrupted power supply to agriculture to be either a feasible proposition or a defensible demand under the flat tariff regime in force. Negotiations between farmer groups and governments almost everywhere in India are carried out in terms of the minimum hours of daily power supply the government can guarantee.

Suggested Policy for ADB on Agricultural Biotechnology

(i) Facilitate negotiations with private companies on behalf of developing countries and the international agricultural research community to access key enabling technologies potentially useful on orphan commodities in Asia (i.e. staple food crops, livestock, and fish consumed locally).

Proxy Indicators For Benefitsharing

Table 9-1 presents a list of potential country level indicators for benefit sharing that are at least somewhat within the realm of feasibility. No claim is made that this list is all-inclusive, but it does attempt to cover a broad range of classes. Indicators 1-3 are easily obtainable for almost all countries. While the collection of indicators 4-13 is technically feasible, they cannot be found for more than a few countries and or crops, and hence, may be of limited policy usefulness, regardless of their correlation with the value of PGRFAs. Given that the negotiations on setting the total size of the Fund will essentially be independent from the negotiations that determine each country's contribution, a country's

Trade in Wine Bilateral Bartering between Tradition and Innovation

Despite the established quality of international law in this area, which took place in the 19 th century, the legitimacy of various approaches to GI protection is under scrutiny in continuing multilateral and bilateral negotiations that seek to define the legitimate scope of commercial use of the denotation and connotation of geographically significant terms. Multilateral negotiations have considered both the fix-rule approach (debating the extension of 'absolute protection' under TRIPS to a wider scope of products than wine and spirits) and the result-oriented or managed-trade approach of a multilateral register that, in some proposals, may have the effect of constituting entitlement to protection, not merely notifying GIs as potential candidates for protection. Proposals in the context of agricultural trade negotiations, for 'clawback' - seeking, 'for a selected group of GIs of significant economic and trade value, to remove prior trademarks and, if necessary, grant protection for...

Revisiting Basmati and the Nature of Biopiracy

Legal claims extend to exclusivity over both the denotation and connotation of such terms as 'basmati' and 'jasmine rice', stimulating hopes that inclusion of agricultural products within the scope of extended protection of GIs under TRIPS may address such cases. The line of argument - initially founded on a claim of sovereignty over GR and an entitlement to equitable benefit-sharing in line with the CBD and FAO Treaty - potentially loops back to TRIPS, perhaps in view of the perceived tensions between these instruments, but in a way that sheds light on the broader conception of misappropriation and apprehension about loss of distinctive cultural identities that can lie behind trade negotiations in this area. Exceptionally within the trade law regime, as seen earlier, TRIPS invokes a conception of legitimate trade and (by incorporating the Paris Convention) requires the suppression of unfair competition (including honest practices established in international trade). Unfair...

Introduction Contesting Knowledge Resources

Has the emergence of a knowledge economy - a knowledge-based (UNDP, 1999) or knowledge-driven economy (DTI, 1998) - fundamentally redefined a nations' trade interests Or are such terms, with 'new economy', a fading imprint of the dot-com era, a high-water mark of a tide, now receding, of technological optimism and exceptionalism It may, in any event, be impossible to intelligibly isolate a knowledge economy as such. The enticing idea that a fresh set of economic rules now governs knowledge-based transactions challenges the assumptions that traditionally structured trade negotiations, which are closer to the classical conception of economic interests defined and assessed in terms of rivalry over scarcity. Knowledge (or at least information) is superabundant today, and in principle non-rivalrous, the iconic public good (Stiglitz, 1998). But rivalry can arise over access to, legitimate use of, and equitable benefits from, knowledge. Technological, cultural and economic factors are...

Economic Concentration in Agricultural Biotechnology

Modern biotechnology R& D has been conducted in an institutional and economic environment that differs significantly from the development of the earlier Green Revolution technologies. While the latter were essentially the prerogative of public research institutions and philanthropic foundations, the application of modern biotechnology to agriculture is essentially a competitive, commercial endeavor in which powerful private sector interests compete. Similarly, while the Green Revolution technologies were essentially dedicated to the public, the strengthening and extension of IP protection, particularly since the conclusion of the Uruguay Round of trade negotiations has increased the private character of biotechnologies.

Specialty Crops Regulatory Initiative

Finally, all nations should be aware of the need for access to expertise in the law, economics and administration of IPP, in international negotiations and in formulation of domestic policies. Some informed observers believe, for example, that Australian negotiators, expert on trade questions, were outmatched on key IP issues in the recent bilateral negotiations with the USA. Expertise is available on the world market, at a price. Developing countries need to make the educational investments required to establish the domestic capacity to identify the appropriate international sources of expertise and to use these sources effectively. This is a significant challenge.

Motivations for Globalization of Stronger IPR Regimes

TRIPS has rightly been viewed by developing countries as preferable to bilateral bullying under the threat of Section 301 sanctions by the USA the countries also anticipated that they would be rewarded by improved access for their textiles and agricultural exports. In addition, exemption for plants and animals under TRIPS is viewed by some commentators as an important concession by those pressing for globally stronger IPP. But bilateral pressures have returned as TRIPSplus negotiations pressed by the European Union (EU), European Free Trade Association and the USA, and in regional free-trade agreements. The process is apparently progressing from economically small nations to others that are larger and more powerful.6 In many cases, weak developing countries have given up the alternatives available under Article 27.3(b). In any case, the latter is actually of limited significance for innovation in plant biotechnology, since plants containing new genetic material or produced by a novel...

Globalization Of Trade And Capital Markets

Liberalization has also occurred in agricultural trade markets, although this is one of the most contentious areas of international trade policy and one where significant distortions still exist, particularly among developed countries. Indeed it was deadlock over agricultural trade which caused the breakdown of negotiations at the 2003 WTO meeting in Cancun. Nonetheless, there has been considerable movement towards the liberalization of agricultural trade markets, and more is expected in the future. In the United States, there is a move towards converting commodity support programs towards green payments, e.g., paying for environmental services. In Europe, the expansion of the European Union is creating pressures to reform the Common Agricultural Policy (CAP) and reduce production supports. Farmers are increasingly expected to rely on insurance instruments provided by the private sector and sometimes subsidized by the government for the management of production and revenue risk....

Final Remarks

The Treaty is the outcome of many years of intense negotiations in FAO's intergovernmental Commission on Genetic Resources for Food and Agriculture, to revise the voluntary International Undertaking on Plant Genetic Resources for Food and Agriculture. As the 30th Session of the Conference of the FAO noted, these negotiations were at the meeting point between agriculture, the environment and commerce. The Conference agreed that there should be consistency and synergy in the agreements being developed in these different The innovative provisions of the Treaty provide for facilitated access to PGFRA and an agreed way of benefit-sharing, without deriving these benefits from individual negotiations, on a case-by-case basis, between the provider and the user of these resources. They provide for both access and benefit-sharing to be through multilateral arrangements. This avoids the high transaction costs that such bilateral contracts involve, which are hard to justify in the context of...

Export Incentives

Export subsidies, as well as tariffs, are generally discouraged under WTO rules. They have been a major issue of contention among industrial trading nations, and the intent of international negotiations has been to reduce them over time. Nevertheless, in view of the above-mentioned bias against exports in the WTO regime, and their importance for developing countries, it is worth considering measures that would encourage them in the context of sound economic policy. Many countries have adopted a form of export incentives, through tax exemptions and drawbacks of duties paid on imported inputs. The point of this brief illustration is to focus attention on the need for adequate mechanisms for providing incentives to agricultural exports from developing countries, which seem to be the orphan of international trade negotiations. Eventually, it may be possible to reduce both tariffs and export subsidies to insignificant levels in all countries, but that prospect is for the very long run. In...

Summary

A key aspect of the habitat creation argument is to get the issue wider appreciation at a higher industry level. If the gains to both the ecology and economy of the surrounding marine environment are known and understood more widely by developers, regulators and other stakeholder groups, then they may be able to form part of early discussions and negotiations with regards to specific project design and construction methods. Survey and research results should be published with an eye as to how they can be further utilised and adapted, with greater emphasis on the broader range of conservation, commercial or recreational gains which could be achieved.

Moving Beyond TRIPS

The balance of IP rights against other norms under TRIPS-plus agreements is of potentially much greater concern than present conflicts between TRIPS and other international agreements. These agreements tend to be bilateral or regional, negotiated by an industrialized country, such as the USA or EU and require more protection than TRIPS, or adherence to TRIPS under a faster timeline. The increased rights generally coincide with a reduced opportunity to accommodate other social policy norms, such that the tensions discussed earlier are exacerbated. A number of WTO members are already parties to TRIPS-plus agreements, with more likely to sign such agreements as a result of pending negotiations (GRAIN, 2003a Vivas Eugui, 2003, p. 7).

Concluding Remarks

The last few years have seen a dramatic increase in public awareness and of political debates on the subject of PGRs. These resources (within the contexts of biodiversity and biotechnologies) have become the focus of many international negotiations (including TRIPS WTO, the CBD, UNCED's Agenda 21, the CGIAR restructuring), as well as a bridge between environment and development.

Trade gets ugly

In the middle of IPR negotiations, due to a fear and concern of a possible trade blockade with EU, Egypt decided not to pursue the commercialization of Bt potatoes. The issue is partly based on a concern that even if Egypt tried to keep export shipments free from GM potatoes, some would slip through part of the issue also appears to be a general stance by EU against agricultural biotechnology.

U00 100 100 100 100j

While the Shapley value can address the allocation of initial endowments between world regions, it cannot address the chain of allocations from the world regional levels down to country and subcountry levels given the allocations, each level of which has its own players with varying levels of bargaining power. Methodology is developed here to capture the bargaining activity through several administrative or other political power levels. To account for negotiations over conservation of PGRFA being held at several levels, we assume that fictitious delegates are elected to represent each world region, each country, and one subcountry level, which can be states, provinces, lobbyist groups, or even firms. The set of players at the lowest level is denoted as V l, i, , . The world regions and the countries they belong to are denoted by the level structure B v51,S2 , where BX RX, ,Rm is the set of all world regions and

Concluding Comments

Third, the region has not developed the institutions and the political culture to install regulatory measures that would address the collective interests of the populations of an individual state. At the interstate level international customary law is very poorly developed with regard to groundwater shared by more than one state. With only minor exceptions, there have been no formal negotiations over trans-boundary groundwater despite the urgency of the problems facing managers. The issues have been discussed at scientific conferences on water resources, focusing on the shared North African aquifers. Data are beginning to be shared and published by agencies such as United Nations Educational, Scientific and Cultural Organization (UNESCO) and Centre for Environment and Development for the Arab Region and Europe (CEDARE), but as the issues are not urgent it is understandable that progress over cooperation is slow.