ประสบการณ์ในการเจรจาต่อรองและ
การจัดทาบันทึกข้อตกลงระหว่างประเทศ
เก็จพิรุณ เกาะสุวรรณ์
กรมเจรจาการค้าระหว่างประเทศ
13 มิถุนายน 2556
Outline
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Major Trade Agreements in ASEAN
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Negotiating Trade Agreements
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Technical Terms
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Experience
Building Blocs of ASEAN Integration
3
2510
Bangkok Declaration
ASEAN
2535
CEPT-AFTA
2538
AFAS
ASEAN Framework Agreement on Services
2539
AICO
ASEAN Industrial Cooperation Scheme
2541
AIA
2550
ASEAN Charter
ASEAN Community
+ Declaration on AEC Blueprint
2552
ATIGA
2554
ACIA
Agreement on the Common Effective
Preferential Tariff Scheme for ASEAN Free Trade Area
Framework Agreement on the ASEAN Investment Area
ASEAN Framework Agreement on the Facilitation of Goods in Transit
ASEAN Trade in Goods Agreement
ASEAN Comprehensive Investment Agreement
Structure of an Agreement
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Agreement Text
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Schedule of Commitments / Reservation List
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Annex
Type of a Trade Agreement
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Regional Trade Agreement / Free Trade Agreement
/ Comprehensive Economic Partnership Agreement
Trade Agreement => JTC
Double Taxation Agreement
Bilateral Investment Treaty (BIT)
Mutual Recognition Agreement / Mutual Recognition
Arrangement (MRA)
etc.
Elements of a Negotiation
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Analysis of the Issues
Exploration of Stakeholders Interests
Framing the Issue
Establishing a Negotiating Strategy
Preparing the Negotiations
Negotiating the Agreement
Implementing the Agreement
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Elements of a Negotiation
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Analysis of the Issues
Exploration of Stakeholders Interests
Framing the Issue
Establishing a Negotiating Strategy
Preparing the Negotiations
Negotiating the Agreement
Implementing the Agreement
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Analyzing the Issues
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Commercial Interests
Economic Impact
Policy Issues
Politics
Legal Dimension
Institutional Considerations
Public Opinion
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Developing a Research Strategy
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What information will I need to analyze all the
issues I have mapped out both at home and
abroad?
What sources of information are available?
What professional skills/expertise will I need to
analyze all the issues?
What professional experts can I consult to fill
gaps in my own knowledge and skills?
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Elements of a Negotiation
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Analysis of the Issues
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Exploration of Stakeholders Interests
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Framing the Issue
Establishing a Negotiating Strategy
Preparing the Negotiations
Negotiating the Agreement
Implementing the Agreement
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Who Are the Stakeholders
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Affected Central Government Ministries and subcentral authorities
Affected Enterprises and Industry Associations
Non-Governmental Organizations with a Policy
Stake
Academic Experts
The Interested General Public
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Stakeholders May be Affected in terms
of
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The Commercial Impact
The Policy Outcome
Bureaucratic Turf
Political Consequences
Legal Precedents
Macroeconomic Consequences
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Consultation with Domestic
Stakeholders
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Can yield critical information on commercial, policy
and legal issues at home and abroad
Serves to identify their interests and to manage their
involvement in the domestic political process related
to trade negotiating decisions
Offers insights into the interests and views of their
counterparts abroad, and informal communication
channels with their counterparts abroad
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Why Consult Foreign Stakeholders
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Provides information on views of players in foreign
decision-making process
Provides opportunities to help shape the views and
role of foreign stakeholders with similar interests
Provides broader insights into possible win-win
solutions
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Elements of any Negotiation
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Analysis of the Issues
Exploration of Stakeholders Interests
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Framing the Issue
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Establishing a Negotiating Strategy
Preparing the Negotiations
Negotiating the Agreement
Implementing the Agreement
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Framing the Issue
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Correctly Framing the Issue Can Facilitate
Domestic and Foreign Support
In Framing the Negotiating Issue We Need to
Consider
 The
Trade Problem
 The Government Measures or Actions that Create the
Trade Problem
 The Legitimate Objectives of Government Served by
the Measure/Action at Issue
 The Interests of the Coalition Partners
 Constraints on Feasible Outcomes
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Elements of a Negotiation
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Analysis of the Issues
Exploration of Stakeholders Interests
Framing the Issue
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Establishing a Negotiating Strategy
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Preparing the Negotiations
Negotiating the Agreement
Implementing the Agreement
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Negotiating Strategy Should
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Frame the Issue for Negotiation
Identify of win/win solutions
Identify Potential Supporters among Domestic and
Foreign Stakeholders
Outline Message to Potential Supporters
Identify Opposing Stakeholders & the Means for
Reducing or Deflecting Opposition
Establish the utility, legitimacy and fairness of
proposed outcome
Link Strategy & Tactics
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Elements of a Negotiating Strategy
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Negotiating Objectives & Priorities
Case for the desired outcome
Identification of the Coalitions at Home & Abroad
Means for Building Support
Link to Broader National Economic and Social
Objectives
Cushion for the Losers
Steps that Will Lead from an Initial Negotiating
Position to Alternative Successful Outcomes
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Developing the Negotiating Objectives
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Development of Negotiating Objectives Should
Flow from the Framing of the Issue
Negotiating Objectives Should Serve as Strategic
Goals that Guide the Negotiations
Negotiating Objectives Should not be so specific
that they constrain alternative outcomes that
satisfy home country interests
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Making the Case for the Desired
Outcome
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A key element of a negotiating strategy is the
development of the arguments why the desired
outcome is in the interest of key stakeholders and
why objections raised by opponents are
surmountable
The arguments need to accommodate the needs of
coalition partners and deflect objections by
opponents
It is always better to address rather than ignore
objections
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Identifying Coalition Partners
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Coalition building is the key to Negotiations
 Out of Minorities Majorities are Built
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Coalitions have to be built around common interests
Building a Coalition at Home is often essential to obtain the
political support required for a Desired Negotiating Position
Building Support Among Foreign Stakeholders with Compatible
Interests can favorably influence the development of Foreign
Negotiating Positions
International coalitions of private stakeholders can be an
important asset
For regulatory issues, support also has to be built among
regulators, who have their independent channels of
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communications with each other
Building Public Support
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Efforts to build public support need to be focused on
the most directly affected and influential stakeholders
The choice of the method used for building public
support (speeches, grass roots campaigns, white
paper, media) and the choice of media (newspaper,
technical publication, Television, academic articles)
has to be guided by an analysis of who needs to be
informed or persuaded.
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Elements of a Negotiation
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Analysis of the Issues
Exploration of Stakeholders Interests
Framing the Issue
Establishing a Negotiating Strategy
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Preparing the Negotiations
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Negotiating the Agreement
Implementing the Agreement
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Preparing the Negotiations at Home
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Strategic Use of Simulating Role Reversal
Use of Charts to
 identify
key stake holders, their interests, and their
BATNA’s
 define objective criteria and relevant facts
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Develop Negotiating Mandate and Initial Negotiating
Position
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Developing a Negotiating Position
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The Initial Negotiating Position should serve as the
initial starting point for the dialogue in a negotiation
One function of the Initial Negotiating Position is to
assure home constituencies and bolster their
confidence in their negotiators
Another function of the Initial Negotiating Position is
to serve as a stepping stone towards an agreement.
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Setting the Stage for the Negotiations
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Consulting foreign foreign negotiators.
Agreeing on the issues that need to be addressed in
the negotiations.
Establishing the negotiating agenda.
Setting the date and venue for the negotiations.
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Elements of a Negotiation
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Analysis of the Issues
Exploration of Stakeholders Interests
Framing the Issue
Establishing a Negotiating Strategy
Preparing the Negotiations
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Negotiating the Agreement
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Implementing the Agreement
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Competitive Negotiations
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Focus is on bargaining over the difference between
negotiating positions, with each side seeking an
outcome closer to its position, which is viewed as gain
for the home team and loss for foreign team
Negotiations become personalized, with the foreign
negotiating position treated as the morally inferior,
misguided view of the foreign negotiator
Hiding information about one’s real interests and
problems is seen as a source of strength, while leakage
of information to the other side is seen as a source of
weakness.
Each negotiating session is a competitive contest and
test of strength between the negotiators
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Interest-Based Negotiations
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Negotiating Positions are seen as a starting point for a dialogue
over mutual interests
Each side seeks an outcome that can be presented as a gain for
both sides
Foreign Negotiator is see as an agent for a group interest, and
as a partner in the search for an outcome that can be sold to at
home and abroad
Sharing information about interests and constraints is treated as
the means for identifying mutually attractive outcomes
Each negotiating position is treated as a statement of a
country’s interest, not a statement of who is right and who is
wrong
Negotiating sessions are treated as creative challenges for
identifying elements of a Copyright
viableofagreement
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Interest-Based vs.
Competitive Negotiations
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Positions vs. Interests
Personalities vs. Group Interests
Zero-Sum vs. Positive Sum Approaches
Hiding vs. Sharing Information
Judgmental vs. Pragmatic Advocacy
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Elements of
Interest-Based Negotiations
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Establishment of Personal Rapport
Exploration of Common Ground
Identification of the Interests of Parties
Development of Options
Communication of BATNA “Best Alternative To a
Negotiated Agreement”
Use of Objective Criteria for Legitimacy
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The People Dimension
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Get to Know Your Counterparts - Likes, Dislikes,
Fears, Ambitions, Goals
Develop rapport needed to obtain information, to
explore options, to communicate your needs
Nurture personal link-by separating people from
the issues
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Exploration of Common Ground
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Agree on the scope & purpose of the negotiating
session
Agree on what should be said publicly to the
press about the negotiations
Establish degree of AUTHORITY of each side to
explore alternatives, make a deal
Identify Areas of Agreement
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Interest Identification
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Review of Negotiating Positions, Interests
 Presentation
of positions, objectives by parties
 Restatement of other party's positions, interests
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Use of interim draft documents to establish
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points of agreement, issues still to be addressed
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Development of Options
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Record all Options Presented by Other Side and
their Rationale
Do not Ignore any option presented, but Rank
Order & Analyze them
Explore Potential Amendments or Combinations
of Options & Alternatives
Seek to Identify Other Means by Which
 They
Can Satisfy Your Interests, Or
 You Can Satisfy their Interests
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Use of the B.A.T.N.A.
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A Clear Understanding of each Party’s
Alternative to an Agreement can Make a
Negotiated Compromise Look more Attractive
Development of Objective Evidence
 that
Supports Your BATNA can Strengthen Your
Negotiating Power
 that Undermines Their BATNA can Weaken Their
Negotiating Power
Copyright of Geza Feketekuty
Use of Objective Criteria
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Legitimacy and Authority to a negotiating position
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can come from objective criteria developed by
third parties, includingLegal & Administrative Precedents
Industry practices and standards
Scientific Studies
Expert Testimony
Copyright of Geza Feketekuty
Elements of a Negotiation
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Analysis of the Issues
Exploration of Stakeholders Interests
Framing the Issue
Establishing a Negotiating Strategy
Preparing the Negotiations
Negotiating the Agreement
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Implementing the Agreement
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Implementing the Agreement
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Selling the Results to the Home Constituencies
Obtaining Domestic Legislative Approval Where
Required by Law
Developing Implementing Regulations
Persuading Domestic Ministries to Implement Elements
under their Jurisdiction
Monitoring Implementation by Domestic Ministries
Reporting on Implementation to WTO under TPRM
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Negotiating Success Depends on
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Economic Power of Coalition
Commonly Shared Ideas of Legitimacy
Utility of Agreement to Business
Sound and Comprehensive Analysis
Identifying Reasons Why Other Party Can Gain from
Negotiating Proposal
Creativity in Identifying Win/Win Solutions
Achievement of Mutually Beneficial Outcomes
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Formal and Informal Together
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Formal
In the plenary
Informal
Anywhere else
Technical Terms
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Goods:
 HS
Code (Harmonized System Code)
 AHTN (ASEAN Harmonize Tariff Nomenclature)
 ROO (Rules of Origin): WO, CTC, CTH, CTSH, RVC
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Services:
 Negative
List VS Positive List
 Unbound / None
 Horizontal Commitments/Specific Commitments
หลักการขององค์การการค้าโลก
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การไม่เลือกปฏิบตั ิ
MFN (Most-favored-nation) การประติบตั ิเยีย่ งชาติที่ได้รบั
อนุ เคราะห์ยงิ่
National Treatment การประติบตั ิเยีย่ งคนชาติ
การเปิ ดให้การค้าเป็ นไปอย่างเสรียงิ่ ขึ้ น
ความโปร่งใสและการปฏิบตั ิตามพันธกรณีเพื่อให้เกิดความแน่ นอนทาง
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