criterion

时间:2022-09-19 22:09:52 Salary 我要投稿
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criterion范文

Introducing an objective criterion

  the first three principles advocate the benefits of considering both parties’ interests and designing a distributive pattern that would satisfy both sides’ demands. However, conflicts and disputes of the parties over interests gaining will not disappear no matter how considerable the two sides try to be and how creative in providing options. When the parties’ interests are directly opposed, one side in a negotiation can prevail just by being stubborn. However, this tends to produce an arbitrary and unjust result. It is preferable to frame discussions around a fear standard that is independent of the parties’ positions or will. This can be an objective standard such as market value, average salary in the industry, precedent, expert opinion, custom or law. By using objective criteria as a guide, neither party has to give in to the other: rather, both parties can defer to a fair and independent solution.

  Once at an international Ocean Law Conference, India and US were arguing about whether ocean mineral exploring companies should pay a preliminary charge when exploring an area in the sea. India, representing developing countries, insisted on a sum of $6,000 down—payment while US opposed firmly the proposal. The two sides haggled over the issue and could not reach an aGREement. Later a representative found out an economic model of ocean exploration by Massachusetts Institute of Technology (MIT), which could calculate all payment proposals and their impacts on economic return of ocean exploration, and which was accepted as an objective criterion of economic analysis on ocean exploration by all sides. The model showed that India’s proposal of preliminary payment did have an impact on exploration, i.e. a company’s normal operation might be interrupted since the company had to pay the charge before making the profit. India thus agreed to reconsider its proposal. The model also told US that preliminary payment of a reasonable sum was possible economically and as a result US gave up its position.