Ghana’s former Solicitor-General and Chairman of the Ghana Arbitration Centre, Nana Dr. Samuel Kwadwo Boaten Asante, has emphasized the need for a more strategic and well-prepared approach to international negotiations.
Delivering a lecture titled “Taking International Negotiations Seriously” at a recent conference for public sector lawyers in Accra, Dr. Asante discussed the growing complexity of international dealings and urged developing countries, particularly Ghana, to prioritize training and resources to safeguard their national interests.
The Evolving Nature of International Negotiations
Drawing from his extensive career, which includes serving as Director at the United Nations Centre on Transnational Corporations in New York, Dr. Asante highlighted the evolution of international negotiations.
He noted that the technical nature of these discussions now demands a specialized skill set.
While many countries acknowledge the importance of well-prepared negotiators, Dr. Asante pointed out a prevailing complacency regarding the availability of the necessary expertise.
Judgment Debt and Economic Management
A key focus of Dr. Asante’s lecture was the issue of judgment debts.
He explained that international tribunals and courts operate within the strict legal frameworks of existing agreements, leaving little room for restructuring unfair or defective deals.
Dr. Asante stressed that the burden of avoiding judgment debts lies in sound economic management and adept negotiation skills.
He argued that nations must invest in cultivating sophisticated negotiation skills, backed by relevant data to support their positions.
He also cautioned that negotiators, no matter how skilled, may fail if the negotiation process lacks integrity or prioritizes private interests over the national good.
Lessons from Ghana’s Resource Agreements
Dr. Asante drew attention to Ghana’s past negotiations, particularly with the Ashanti Goldfields Corporation, to illustrate the need for robust legal and technical frameworks in natural resource agreements.
He emphasized that understanding complex arrangements such as joint ventures, production-sharing agreements, and service contracts is crucial for protecting national resources.
Additionally, he stressed that negotiators must be well-versed in provisions like lender and borrower obligations, debt-equity ratios, security arrangements, and dispute settlement mechanisms to safeguard Ghana’s interests in large-scale financial transactions.
International Dispute Settlement and Arbitration
Delving into the intricacies of international dispute settlement, particularly arbitration, Dr. Asante pointed to international bodies like the International Centre for Settlement of Investment Disputes (ICSID), the International Criminal Court (ICC), and the Ghana Arbitration Centre.
He highlighted the specialized expertise required to navigate arbitration processes and emphasized that countries need to establish dedicated institutions and frameworks to effectively handle disputes.
Learning from China’s Success in International Transactions
Dr. Asante noted that China serves as a model in mastering complex international transactions, effectively utilizing external information to devise strategic arrangements.
He referred to a 2013 report from the Kofi Annan Foundation, which emphasized Africa’s need to build the expertise required to fully benefit from its natural resources.
He cautioned that many developing countries remain passive in international negotiations, often accepting project structures proposed by foreign corporations without conducting thorough assessments.
Active Role in Defining Project Scope and Priorities
Urging countries to take a more active role in international negotiations, Dr. Asante called on Ghana and other developing nations to define the scope and priorities of projects, secure investor partnerships, and tailor contractual arrangements to align with national goals.
He emphasized the need for countries to proactively engage in negotiations, rather than defer to the interests of foreign corporations.
Ensuring Comprehensive Preparation for Successful Negotiations
Dr. Asante concluded his lecture by stressing the importance of comprehensive preparation for international negotiations.
This includes conducting pre-investment feasibility studies, understanding a country’s negotiating power relative to corporations, and ensuring the careful selection of negotiating teams with clear political backing.
While he expressed confidence in Ghana’s growing local expertise, Dr. Asante reiterated the need for ongoing investment in training, strategic planning, and institutional support to ensure the success of international negotiations.
He emphasized that the success of such negotiations hinges on a combination of knowledge, integrity, and a commitment to serving the public interest.
