In international law, the principle of pacta sunt servanda is known as the basis of legal and moral strength for countries that bind themselves in an international agreement. This principle means that every international agreement that has been mutually agreed upon must be obeyed and implemented by all parties. However, the existence of this principle is also limited by the jus cogens principle, which means that an international agreement can be null and void if its formation is contrary to the basic rules or norms of general international law. This shows that establishing an international agreement is an equally important part of its implementation. One of the processes for the formation of international agreements is through negotiations. Therefore, to provide a better understanding of the negotiation process in terms of theory and practice, the International Law Department of the Faculty of Law, 51动漫, again held a guest lecture with the title “A Treaty Negotiation: Theory & Practices”.
The guest lecture was held on Wednesday, November 2, 2022, by presenting Royhan Nevy Wahab, S.H., LL.M., as Deputy Director of Trade in Services and Trade Facilitation – Directorate General of Multilateral Cooperation, Ministry of Foreign Affairs of the Republic of Indonesia. On that occasion, he explained that the legal basis Indonesia usually uses in negotiations is contained in Law No. 24 of 2000 concerning International Agreements. At least four criteria must be considered in making international agreements in terms of politics, law, state security, and technically. Meanwhile, the principles used by Indonesia in forming international agreements are the principle of national interest, the principle of equality, the principle of mutual benefit, and the principle of compliance. The stages of forming an international agreement include an introduction, negotiation, preparation, approval, and signing. He then emphasized that the most critical steps are in negotiation and drafting.
Citing the opinion of Henry Kissinger, Royhan explained that negotiation is a process of combining opposing positions into a familiar position under the rule of unanimous decision. Not only that, negotiation is interpreted as an event of diplomatic art, a mechanical reflection of relative strength, a weighted interaction between personality types, or a rational decision-making process. According to him, negotiations can also be interpreted as a means of communication that plays a vital role in policy formation. This is also because negotiations can affect important issues, including economics, trade, governance, and regional and international relations. In closing, he also emphasized that good negotiators are formed through training and experience, not just born. Therefore, he also shared a few tips and tricks and do’s and don’ts to help students practice negotiating.
