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Consultative process

Negotiating formats | Timing and duration of negotiations | Reciprocity and formula approaches | Process in trade in services | Box 5: Positive and negative list approaches in services negotiations | Box 6: The ТCairns groupУ, offensive on agriculture issues | Making proposals | Keeping an institutional and negotiating memory | Box 9: Following and conducting negotiations in developed countries | Capacity building |


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The various types of trade negotiations (multilateral, regional, bilateral) all have a domestic dimension. A negotiator does not act in a vacuum, he receives instructions based on the national goals and interests, and also based on the consensus among national stakeholders. The building of the national consensus is an integral part of the negotiation and it is particularly complex in the case of trade negotiations. Ideally, the negotiating strategy should be integrated into a larger framework of a development strategy of the country (trading, yes, but for what purpose?). This strategy should derive from a national consensus, and this consensus can only be obtained through a formalized consultative process with the main stakeholders in the country. The consultative process should involve national actors that contribute directly or indirectly to the definition of the national political, economic and social objectives, for instance, in the framework of inter-ministerial/inter-institutional committees. Most of the time, these are:

 

б State institutions (ministries, Central Bank, Constitutional Council, parliamentarians, etc.);

б Representatives of the private sector;

б Actors of the civil society, in particular NGOs, trade unions, media and academia.

 

Some affirm that certain stakeholders, in particular the business sector, would have a better grasp of the interests of the country. This opinion does not sufficiently take into account the central role that the governmental authorities must keep as defenders of long-term state interests versus short-term sectoral interests that may be promoted by local stakeholders. Some others ask themselves what is the need to conduct such consultations since it is the Ministry of Commerce alone that, in the end, conducts the negotiations. The ministry should therefore also define the strategyЙ It is a simplistic view that neglects the numerous advantages of holding a consultative process, namely:

 

б It allows the government to base its position on a complete assessment of national priorities;

 

Once the decision is taken to organize a consultative process, the sequencing of events should be carefully organized because, as Manuela Tortora says, Уthe domestic negotiating process to reach a national position is often more complicated than the negotiation with the external counterpart[68]У (2007, p. 5).

 


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