L'analyse de négociation

Case study: Tokyo-Beirut, Ghosn’s one-way or round-trip

Group:

Kotomi KIMOTO, B00772280

Shiho HAGIWARA, B00772279

Yiwen YANG, B00772022

INTRODUCTION

     Carlos Ghosn, the former chairman of Nissan Motor Company, left Japan and arrived in Lebanon. This is a case in which he escaped abroad in violation of bail terms. After being indicted for breach of trust about a year ago, he was released on bail on condition that travel abroad was banned and awaiting trial. Therefore, his behavior is unforgivable to violate Japan's criminal justice procedures. The Tokyo District Court decided late on Thursday to revoke Ghosn's bail. The bail deposit of 1.5 billion yen is expected to be confiscated.

     Lebanon's Foreign Ministry issued a statement that the defendant had legally entered the country. Ghosn hid himself in a large case and reportedly left Kansai Airport by private jet before arriving in Beirut, Lebanon's capital, via Turkey. There are reports that his wife and a small group contacted each other and made plans. Ghosn, in a statement released last New Year's Eve through a U.S. agent, criticized him, saying, "Fundamental human rights are denied on the premise of guilt. I didn't escape from justice, I escaped injustice and political persecution." He denied any wrongdoing, claiming he was a victim of a plot by Nissan executives, prosecutors and government officials to prevent further integration between Nissan and Renault. Lebanese media reported that Ghosn entered Lebanon using his French passport. He has French, Brazilian and Lebanese nationality. The French presidential office declined to comment on the issue.

    Japan does not have an extradition treaty with Lebanon and the government demands the detention and extradition of the offender through the International Criminal Police Organization (ICPO).However, it is unlikely that Ghosn, a Lebanese national, will be returned. Lebanon’s justice minister

said he would cooperate with Japanese authorities if requested, but said it would be difficult to hand over the former chairman. Even if it is difficult to negotiate, we should not allow the government to escape. The Japanese government needs to persistently urge the Lebanese government to return them. In addition, the Japanese government has been working on international organizations. The Lebanese government received a letter from the International Criminal Police Agency calling for Carlos Ghosn's detention after the Japanese Justice Ministry asked the International Criminal Police Organization to arrange an international arrest. As of the end of March 2007, 194 countries and regions, including Lebanon, joined the ICPO. The arrest warrant, also known as "red-arrangement," is the most urgent of the nine ICPO arrangements. If the former chairman travels to a third country from Lebanon, he may be arrested on the basis of the arrangements, if the former chairman asks each country to identify the suspect's whereabouts and detain him. The Japanese government has also asked relevant countries for cooperation through diplomatic channels. Turkey, where Carlos Ghosn fled, detained seven officials, including a private jet operator, on Monday on suspicion of helping the former chairman escape. Regarding the ICPO's international arrangement and the Turkish authorities' moves, a Japanese government official said, "It was the result of their prompt response to the request from Japan."

ANALYSIS (10 ELEMENTS STRUCTURE)

PEOPLE – WHO IS INVOLVED IN THE NEGOTIATION?

1. Personal Relationships

     After Carlos Ghosn, the former chairman of Nissan Motors, left Japan without permission and returned to Lebanon, the Japanese government will conduct diplomatic negotiations with the Lebanese government to extradite him. However, there is no extradition treaty between Lebanon and Japan. According to the Lebanese government’s report, Lebanon and Japan have signed the UN Convention on the Prevention of Corruption.

2. Vertical Relationships (Mandate)

• The Japanese government: The Japanese criminal justice system has been criticized by foreign countries for being a "Hostage Justice" in which detention takes a long time if a defendant does not admit to be guilty. In Ghosn's case, however, the court rejected the prosecution's strong opposition and granted him exceptional bail. The lawyers agreed to the court's decision not only to ban travel abroad, but also to supervise his passport, install a surveillance camera on the residence, restrict access to the wife, and impose a number of strict bail terms. Criticism cannot be avoided by lawyers who failed to make Ghosn comply with the conditions, but the government should avoid retreating from the trend of expansion of bail, which is believed to play a significant role in the resolution of the hostage justice system.
• The Lebanese government: As Lebanon is a member of the International Criminal Police Organization (ICPO), the Lebanese authorities are obliged under the order to hear Ghosn about the allegations.

3. Stakeholders

• The Japanese government: The Japanese government must find out the truth of the trial filed by Nissan, Japan's leading automaker. The outcome of the trial is being questioned by foreign countries about the legitimacy of the Japanese legal system.
• The Lebanese government: Since the Lebanese government is a member of the ICOP, it cannot ignore the "International Arrest Arrangement" calling for Carlos Ghosn's detention. Also, since Carlos Ghosn entered Lebanon with a French passport, there are interests between Lebanon and France. In fact, he was the chairman of Renault, a leading French automaker.

PROBLEM – WHAT IS AT STAKE?

4. Motivations

Japanese government’s core motivations:

• Bringing Ghosn back from Lebanon to put him on trial in Japan, if possible, it will be held in April following the initial plan
•  Avoiding negative influence on the relationship between the two countries and keeping it friendly
• Restoring trust in the Japanese judicial system from other countries
• Finding a good solution to convince workers in Nissan and also Japanese citizens

Lebanese government’s motivations:

• Letting Ghosn stay in Lebanon
• Avoiding negative influence on the relationship between two countries and keeping it friendly (Lebanon is still recovering from the civil war even now, and receives financial support from Japan.)
• Appearing that the Lebanese government has fulfilled the obligation for “red notice” received from the International Criminal Police Organization(ICPO)
• Preventing the loss of public confidence for the Lebanese government (Ghosn is acclaimed as a hero by people in Lebanon.)

5. Solutions at the Table

•  Financial support for the Lebanese government: The Japanese government will increase the amount of financial support for recovering from a civil war in Lebanon by 50% for the next year. To be specific, Japan decided to give $8.1 million this year, so it will be increased to $12.15 million. But at least on paper, it is not the money for forcing the Lebanese government to send Ghosn to Japan.
•  Where will the trial be held? : The Lebanese government will bring Ghosn to Japan, and he will attend the trial in Japan according to Japanese law.
•  When will the trial be held? : It will be held until the end of October, so Lebanon should bring Ghosn back to Japan until the end of August to have the period of preparation for the trial.
• Cost of Ghosn’s returning: The Japanese government will pay for his flight.

6. Justifications

Current situation (About a red notice)

 The Lebanese government received a “red notice” from ICPO, but it doesn’t have the compelling force to send a person back. According to Interpol, a red notice is “a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action”. For enforcing the Lebanese government to bringing Ghosn back, a criminal extradition treaty is necessary. But Lebanon and Japan haven’t signed this agreement.

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