Tuesday, August 13, 2019

RISKS OF IMPOSING DEMANDS IN NEGOTIATIONS
Lessons from Kashmir for our own Negotiations



Introduction
In recent news, Prime Minister Modi of India imposed direct rule over the Indian part of Kashmir, which for the past seven decades enjoyed semi-autonomous governance. It is unclear however, as to what prompted New Delhi to make this apparently unprovoked move towards Kashmir.

As a negotiation analyst, I would posit that this was a reaction to a perception that a solution to the Kashmir dispute would be imposed, if not for an immediate and decisive action on the part of New Delhi.

Allow me to explain:

The Etiology of India's Direct-Rule Decision
Last month when President Trump met with Pakistani Prime Minister, Imram Khan, he said; “If you would want me to mediate or arbitrate [the Kashmir dispute], I would be happy to do so”. This was after he claimed that he had been asked by Indian Prime Minister Modi to “mediate or arbitrate”.

This claim that Modi had invited Trump to mediate caused a major storm in the politics of India. Government officials strongly denied that Modi had ever requested or would ever request mediation from Trump.

India and Pakistan have resolved their differences through third-party mediation in the past. For example, in the Indus Rivers dispute over water distribution in the Indus system of rivers between India and Pakistan. This dispute resulted in the Indus Waters Agreement mediated by the World Bank and is still in effect today. Another example is the Rann Kutch boundary dispute between India and Pakistan, successfully mediated by British Prime Minister, Harold Wilson. Why then, such vehement opposition on the part of India to mediate the Kashmir dispute.

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