This chapter analyses limitations to parties’ freedom of contract as to the negotiation and formation stage of the contracts under review, that are aimed at remedying situations where musicians grant excessive rights to corporate partners. These limitations seek to ensure that such contracts have a ‘fair scope’. As yet, awaiting potential EU harmonisation of authorship and initial ownership, there are no relevant harmonising rules at the EU level. Instead, focus lies with restrictions under national law. First, objectionable precontractual behaviour may be sanctioned by precontractual liability, giving right to damages. Subsequently, the requirement of consent is subject to certain requirements. Third, the law limits parties’ freedom as to the scope of rights that may be transferred or licensed and provides tools to determine this scope in practice. Finally, the chapter turns to the negotiation and formation stage of secondary contractual relationships that may arise once the initial contract has been entered into. It concludes with an overview of the main findings.

The conclusion turns to the implications of this study today, both in terms of our own view of liberal democratic society and the place of women in it. Grouchy shows us, firstly, how significant ideas can persist through an era of upheaval like the French Revolution: through constant negotiation, continual re-interrogation, and a determination to hold on to core concepts while adapting and discarding others. It argues, furthermore, that Grouchy’s politics and philosophy provide further evidence that women in history have thought and acted politically, but not always in the ways we commonly understand as ‘thinking’ or ‘acting’. It expresses the hope that the example of Grouchy will provide inspiration for other historians who wish to reconstruct the ideas of those in the past – in particular women and other marginalised groups – who did not do all, or any, of their thinking over the course of long texts. The reconstruction of this rich history will, in turn, help combat the problem of authority still encountered by women today in political and intellectual spheres. Finally, it ends with the suggestion that Grouchy’s thought may be of use for those twenty-first century theorists who argue that emotions are essential to successful liberal democracies.

As well as providing a brief biography of Sophie de Grouchy, the introduction sets out the aims of the book. It describes how A Republic of Sympathy is the tale of how thought could be produced by an eighteenth-century woman in a time of Revolution: with all the possibilities, limitations, and opportunities that this period offered. It outlines how over this period, Grouchy developed her own, unique form of republicanism, by appealing to sympathy as the glue between the individual and the republic. It emphasises that Grouchy’s thought consisted of a series of shifting, adapting ideas, which nevertheless consistently relied on this sentiment. It describes how Grouchy not only experiment with variations of her theory over this period, but with different mediums of expressing her ideas: including pedagogical treatise, journal articles, translated texts, commentaries, collaborative projects, or embodied in her lived relationships. It also highlights Grouchy’s key interlocutors: from Adam Smith, to Jean-Jacques Rousseau, from her husband, the marquis de Condorcet to Benjamin Constant, from Thomas Paine to Jacques Pierre Brissot.

The discourse on Romanization took a turn. Influential thoughts from Marxism, the Annales school, and the cliometrics revolution to poststructuralism and postcolonialism travelled and infiltrated Romanization studies. This not only helped to enrich the discourse, but it allowed the posing of meaningful questions. Applying contemporary studies on social structures, economic forces, and cultural politics, historians and archaeologists were able to gradually raise questions concerning the traditional models of parallel discourse, defensive imperialism, and civilizing Romanization. This chapter discusses key works of the Early Adopters, from Dyson, Finley, and Harris to Millett and Woolf to trace the course of postcolonial ideas that travelled to the Romanization discourse. It illustrates how the postwar generation of historians and archaeologists has enriched the Romanization discourse with social, economic, and cultural histories and started to question the imperialist epistemology upon which the discourse on Romanization was built.

Sometimes patients and clinicians don’t agree and there is conflict. Many people prefer to avoid conflict, however working through it allows us to discuss our differences of opinion, explore the options, and come up with an agreement that we all can live with. Good communication skills can help shift the focus from “Who’s right?” to “What’s our shared interest?” This roadmap is different as it is about how you find your path amidst conflict. Start by noticing there is a disagreement. Prepare yourself by pausing, being curious, and assuming positive intent. Invite the other person’s perspective and listen to their story, emotion, and what it means to their sense of self. Identify what is at the root of the conflict and if possible, articulate it as a shared interest. Brainstorm to address the shared interest, and look for options that address everyone’s goals. Remember that conflicts occur because people care deeply, which means that resolving the conflict will take time and effort. Even in instances where it is not possible to agree, skillful communication can allow for graceful disagreement.

Diplomacy skills matter, and the widespread perception that anyone with common sense can be trusted with a diplomatic position, even without proper qualifications, is misguided and dangerous. Diplomacy is a serious business. The matters that diplomats deal with are too important to be left to amateurs. There are careers that do not require a new hire to possess any special skills on day one; diplomacy is not such a profession. Diplomats must have most basic skills so that they can hit the ground running. In fact, they are expected to have them before joining a diplomatic service, because most governments do not provide much substantive training to new officers. Although different career tracks–political, economic, consular, management and public diplomacy–require some specialized knowledge and abilities, most diplomatic skill sets are universal. This chapter covers the key aspects of diplomatic tradecraft, on which the rest of the book will elaborate and expound.

Political tradecraft is a set of duties, responsibilities and skills required of diplomats who work in political affairs. It is the main instrument in the diplomatic tradecraft toolbox, which also includes, among other tools, economic tradecraft, commercial diplomacy, consular affairs and public diplomacy. Political officers work both at diplomatic missions abroad and at headquarters, such as their ministry of foreign affairs or the State Department. Although there are some differences in a political officer’s daily duties at home compared with those abroad, they all participate in managing international relations and implementing foreign policy. Those who rise to the most senior positions in their ministry or department also take part in the policymaking process. The primacy of politics is the reason the political department is the most powerful in any ministry of foreign affairs, and its head, known as “political director,” is typically among the highest-ranking officials.

Virtually all societies have found the need for containment and control of behaviour by physical means. The first words in any discussion about restraint must include the methods of avoiding the need for its use wherever possible. De-escalation, negotiation, meaningful activity programmes and the development of trusting relationships are the necessary first steps. This chapter focuses on the activity of restraint, assuming that due attention has already been paid to the methods of avoiding the need for its use.

Although civil trials provide for the lawful resolution of many kinds of disputes, the vast majority of civil matters are resolved through other processes: Negotiation, mediation, and arbitration. This chapter provides an overview of the main psychological and structural factors that influence disputants’ decisions to select and use these primary alternative dispute resolution (ADR) processes. Further, the chapter discusses the psychology of decision-making in the context of alternative dispute resolution, including identifying what constitutes successful outcomes and how biases and other tendencies can prevent parties from realizing these outcomes. Finally, the chapter addresses research on the ways in which non-parties such as mediators, facilitators, arbitrators, and judges can improve (or diminish) the likelihood that parties’ voices will be heard, that parties will be satisfied with the process, and that the selected process will result in substantively satisfactory outcomes. Major research gaps and policy implications are identified and discussed.

Chapter 2 analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC, 1998–2003). It illustrates that evidence was a key element of the negotiations and argues that the FCTC was developed as an evidence-based treaty to counteract the attacks on evidence by the tobacco industry. After a historical introduction, Section 2.2 outlines the theoretical background of the chapter, introducing the notion of ‘treaty entrepreneurs’. Sections 2.3, 2.4, and 2.5 proceed to delineate and analyse how the strategy on evidence unfolded during the FCTC negotiations. Section 2.3 illustrates how legal expertise from international environmental law was borrowed to build a treaty that could embed and develop evidence. Section 2.4 describes how evidence was mobilised to build the treaty. First, the treaty entrepreneurs relied on existing knowledge within the WHO; second, they served as a catalyst for the production of additional evidence from other relevant actors, most notably the World Bank. Section 2.5 reviews how the treaty entrepreneurs framed the available evidence and how the label ‘evidence-based’ started being used. Section 2.6, finally, draws some conclusions on the implications of adopting a strategy on evidence to push forward the negotiations of a treaty.

Effective public health practice requires a combination of expertise and influence. Yet gaining expertise in the subject matter is only one element of practice: the ability to influence outcomes, policy, services and the people who make decisions is crucial. To deploy your expertise to have an impact, you must hone leadership and management skills to persuade, encourage and empower others. This chapter, therefore, aims to:

• offer a brief overview of different schools of thought in leadership;

• propose a simple framework of eight core domains for identifying skills and areas for professional development;

• introduce some popular theories for understanding others, which can enable you to work more effectively with individuals and influence within teams and organizations; and

• signpost to some key models of conceptualizing change and how to lead or manage change.

Chapter 12 deals with how prices are set within the healthcare sector. Prices do not come from direct interaction between buyers and sellers but are instead arrived at via a complex negotiation process between multiple parties. This chapter covers the lifecycle of a medical bill, the role of chargemasters (master price lists) in billing, how providers negotiate with insurers, and how the uninsured are treated in billing. The chapter then discusses price competition and quality competition between providers, as well as the role of price transparency.

Without falling into the Keynesian trap of implying the entire settlement was created in President Wilson’s ‘hot, dry room’, this chapter acknowledges the central role of the Big Four at the Paris Peace Conference in providing a decision-making forum to which many of the most contentious issues were referred. Their ideas, conflicting ambitions and interactions helped to shape the peace. Wilson and Lloyd George, who largely shared a Gladstonian liberal philosophy, advocated self-determination, disarmament, trade and a new international order based on a League of Nations, though this did not prevent significant clashes between them over reparations and naval construction. Clemenceau pursued a more traditional, though potentially incompatible, policy of alliances and territorial adjustments to counter what he perceived to be a continuing threat from a neighbour with larger resources and a more dynamic demographic. Orlando’s vision was focused more closely on Italy and its European context, though not without imperial aspirations. Keynes dismissed him in a sentence and footnote but Italy had an important part in the negotiations and compromises, which moulded the settlement drafted by the Four and their colleagues. The extent, however, to which a ‘New Diplomacy’ had overtaken the old remained moot.

All states have an obligation to settle disputes peacefully in accordance with arts 2(3) and 33 of the Charter of the United Nations (‘UN Charter’), and the purpose of this chapter is to provide an introduction to the methods for the settlement of international disputes. It begins with an overview of international dispute settlement, including a discussion of the concept of a ‘dispute’, and the distinction between political and legal disputes. It then traces the evolution of the obligation to settle disputes peacefully through its broad phases: the 1899 and 1907 Hague Conventions for the peaceful settlement of international disputes, and the creation of the Permanent Court of Arbitration; the Covenant of the League of Nations of 1919, and the creation of the Permanent Court of International Justice (‘PCIJ’); and the Kellogg–Briand Pact of 1928, and the UN Charter of 1945. The chapter then considers the various methods of international dispute settlement, beginning with the diplomatic methods (negotiation, fact-finding and inquiry, the use of ‘good offices’, mediation, and conciliation) before turning to the adjudicatory forms of dispute settlement.