Folia Theologica 9. (1998)
Józef Krukowski: The Issues of the Negotiations of Concordats
20 J. KRUKOWSKI 2. What Are Negotiations? 2.1. Definition of Negotiations The value of precise definitions are appreciated by lawyers better than by anyone else. Before starting a discussion about concordat negotiation, one should first define the notion of negotiation1. Etymologically, the word ‘negotiation’ comes from a Latin word ‘negotiare’. Oxford Dictionary defines the verb in the following way: to talk (with somebody) in order to come to a mutual agreement. The Latin source of the notion is “neg - no” and “otium - rest”, which points out that negotiations are a negation of rest; it is a conscious and tedious process. Factual definitions are of more importance. In this sense, “negotiations” are “a process of affecting somebody’s behaviour”. Regardless of the fact whether negotiations take place between the leaders of the United States of America and Russia in the matter of world safety, or between representatives of the Holy See and the supreme authorities of the Republic of Slovakia, their essence is basically the same: influencing the other aide in the desired direction. Another definition says that negotiations are a process aimed at changing the relations between people. Such and understanding of negotiations places emphasis on their content. Still another definition explains that this is a process in which the parties which strive at different aims, work out the conditions for co-operation. The parties — being aware of this goal — intend to reach an agreement about changing the way of behaviour, which means passing over from competition to co-operation. The negotiating parties are aware of such an understanding of negotiations and although they may aim at contradictory goals, they realise that they must find an agreement in order to reach the primary goals, which is establishment of the principles of permanent co-operation. Despite the fact that the contemporary world is so differentiated, there is a conviction that all conflicts should be solved by way of negotiations. These have become a way of reaching one’s goals. However, if one wishes to make negotiations effective, he must 1 L. HAWKINS, M. HUDSON, R. CORNALL, The Legal Negotiator, Melbourne 1991.
