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Harvard Negotiation Law Review

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Harvard Negotiation Law Review
TitleHarvard Negotiation Law Review
DisciplineNegotiation law; dispute resolution; international law
LanguageEnglish
PublisherHarvard Law School (student-run)
CountryUnited States
FrequencyAnnual

Harvard Negotiation Law Review is a student-edited law journal focused on negotiation, dispute resolution, mediation, arbitration, and settlement practice within domestic and international contexts. It serves as a forum for interdisciplinary scholarship connecting practitioners, academics, and policymakers from fields including law, diplomacy, business, and public policy. The Review convenes contributions addressing negotiation theory, comparative practice, and implementation across jurisdictions and institutions.

History

The Review traces intellectual antecedents to negotiation scholarship and practice associated with institutions and figures such as Harvard Law School, Program on Negotiation, Roger Fisher, William Ury, Bruce Patton, Fisher v. University of Texas (1976), Kenneth Arrow, John Rawls, Richard Zeckhauser, and Herbert Simon. Early milestones cite conferences and seminars involving United Nations, World Bank, International Monetary Fund, Organization of American States, European Court of Human Rights, International Criminal Court, and mediation initiatives like Camp David Accords and Good Friday Agreement. The Review’s evolution paralleled developments in institutions such as American Arbitration Association, International Chamber of Commerce, World Trade Organization, United States Supreme Court, and national legislatures impacted by landmark statutes like the Federal Arbitration Act, Alternative Dispute Resolution Act of 1998, and rulings including AT&T Mobility LLC v. Concepcion. Editorial leadership has engaged with visiting scholars from Yale Law School, Stanford Law School, Columbia Law School, University of Chicago Law School, Oxford University, Cambridge University, Princeton University, Massachusetts Institute of Technology, and think tanks including Brookings Institution, Carnegie Endowment for International Peace, and Institute for Justice.

Scope and Mission

The Review’s mission connects negotiation scholarship to practice involving actors like United Nations Security Council, European Commission, African Union, International Labour Organization, ASEAN, NATO, Organization for Security and Co-operation in Europe, World Health Organization, and ministries from countries such as United States Department of State, Foreign and Commonwealth Office, Ministry of Foreign Affairs (Japan), Ministry of Justice (France), and Bundesministerium der Justiz und für Verbraucherschutz. It emphasizes comparative analysis of precedents including Treaty of Westphalia, Treaty of Versailles, North Atlantic Treaty, Treaty of Maastricht, Treaty on European Union, and dispute-resolution mechanisms like those in NAFTA, USMCA, Trans-Pacific Partnership, GATT, and United Nations Convention on Contracts for the International Sale of Goods. The Review seeks to bridge scholarship from contributors affiliated with Harvard Kennedy School, Georgetown University Law Center, New York University School of Law, Duke University School of Law, University of Pennsylvania Law School, George Washington University Law School, London School of Economics, and regional centers such as Asian Development Bank and Inter-American Development Bank.

Publication and Editorial Process

Publication processes mirror practices at leading journals including Harvard Law Review, Yale Law Journal, Columbia Law Review, Stanford Law Review, and Michigan Law Review. Submissions often reference arbitration rules from International Centre for Settlement of Investment Disputes, ICSID Convention, UNCITRAL Arbitration Rules, and model laws like the Model Law on International Commercial Arbitration. The editorial workflow incorporates peer review, cite-checking, and symposia featuring guests such as Elena Kagan, Ruth Bader Ginsburg, Antonin Scalia, Stephen Breyer, Sonia Sotomayor, Samuel Alito, and practitioners from firms like Skadden, Arps, Slate, Meagher & Flom, Covington & Burling, Baker McKenzie, White & Case, and Latham & Watkins. The Review has published special issues tied to events at venues like United Nations Headquarters, International Court of Justice, The Hague, Geneva, World Economic Forum, and seminars sponsored by American Bar Association and International Law Association.

Notable Articles and Contributions

Notable pieces engage with theories and cases involving scholars and policymakers such as Cass Sunstein, Daniel Kahneman, Amartya Sen, Elinor Ostrom, Kenneth Rogoff, Robert Axelrod, Thomas Schelling, John Nash, Harvard Negotiation Project alumni, and practitioners associated with diplomatic negotiations like Henry Kissinger, Madeleine Albright, Colin Powell, Kofi Annan, Ban Ki-moon, Hillary Clinton, and John Kerry. Articles have examined landmark matters such as Camp David Accords, Oslo Accords, Iran Nuclear Deal, Paris Agreement (2015), Kyoto Protocol, Suez Crisis, Cuban Missile Crisis, and dispute-settlement outcomes in Investor-State arbitration and NAFTA Chapter 11 disputes. Empirical studies published in the Review reference datasets used in work at Harvard Business School, Wharton School, London Business School, INSEAD, and research programs at RAND Corporation and National Bureau of Economic Research.

Impact and Reception

The Review’s influence is recognized by citations in decisions from bodies such as United States Court of Appeals for the Second Circuit, United States Court of Appeals for the Ninth Circuit, European Court of Justice, International Criminal Tribunal for the former Yugoslavia, and policy reports from United Nations Development Programme, World Bank Group, International Monetary Fund, Organisation for Economic Co-operation and Development, Council on Foreign Relations, and Chatham House. It has been discussed at conferences hosted by American Society of International Law, Association of American Law Schools, Society for Empirical Legal Studies, International Association for Conflict Management, and symposia at Harvard Club of New York City and Aspen Institute.

Affiliations and Partnerships

The Review maintains collaborative ties with centers and programs such as Program on Negotiation, Harvard Law School Program on International Legal Studies, Belfer Center for Science and International Affairs, Kennedy School's Center for Public Leadership, Harvard Business School Negotiation Unit, Harvard Mediation Program, and external partners including International Crisis Group, Carter Center, Conciliation Resources, Kluwer Arbitration, Oxford University Press, Cambridge University Press, Harvard University Press, American Arbitration Association International, and professional associations like International Bar Association and Society of American Law Teachers.

Category:Law journals