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BusinessDay 22 Mar 2018

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24 BUSINESS DAY Thursday <strong>22</strong> <strong>Mar</strong>ch <strong>2018</strong><br />

Harvard<br />

Business<br />

Review<br />

Global Business Perspectives<br />

CONNECTING THE WORLD ONE BUSINESS AT A TIME<br />

Dispute resolution for India and Bangladesh<br />

KATIE SHONK<br />

Sometimes in international<br />

negotiations,<br />

disputes are<br />

left to fester for<br />

years until parties<br />

decide there is something<br />

to be gained from reaching<br />

a dispute resolution. In an<br />

example of a cross-cultural<br />

negotiation case study, the<br />

nations of Bangladesh and<br />

India seized an opportunity<br />

to push the restart button<br />

on their bumpy relationship<br />

by resolving one such<br />

ongoing international conflict.<br />

LIVING IN NO MAN’S<br />

LAND<br />

For decades, small plots<br />

of land belonging to India<br />

and Bangladesh were completely<br />

surrounded by the<br />

other nation’s territory on<br />

each side of the twisting<br />

4,000-kilometer border between<br />

the two countries.<br />

The origins of these socalled<br />

enclaves — 111 Bangladeshi,<br />

51 Indian — were<br />

obscure. The dots of land,<br />

just 15 square miles in total,<br />

may have been bargaining<br />

chips in a 1711 international<br />

negotiation in the region,<br />

according to The Economist<br />

magazine.<br />

Villagers in Nalcity, Bangladesh, are pictured through the window of a Bangladeshi military helicopter as they greet<br />

the arrival of relief supplies from the U.S. on Nov. 23, 2007. The impact of cyclone Sidr on Bangladesh can be compared<br />

to a “mini-tsunami” and there is a continued urgent need for international aid, the United Nations humanitarian<br />

affairs office said Friday. (CREDIT: Ruth Fremson/The New York Times)<br />

Isolated from their home<br />

countries, the enclaves had<br />

long been neglected. With<br />

neither India nor Bangladesh<br />

allowing the other to<br />

administer the enclaves,<br />

residents were trapped<br />

without hospitals, schools,<br />

courts or travel privileges<br />

in the nation that surrounded<br />

them.<br />

In the 1970s, the Indian<br />

and newly formed Bangladeshi<br />

governments agreed<br />

to swap their territories,<br />

such that each would acquire<br />

the enclaves within its<br />

borders. India said it would<br />

forgo compensation for<br />

an approximate net loss of<br />

about 10,000 acres. Those<br />

living in the enclaves could<br />

decide whether to move to<br />

their homeland to remain<br />

its citizens or stay put and<br />

become nationals of their<br />

new country, according<br />

to Reuters. However, the<br />

international negotiation<br />

proved unpopular and remained<br />

unratified for decades.<br />

DUSTING OFF AN OLD<br />

DISPUTE — RESOLUTION<br />

FOR AN OLD DEAL<br />

That changed in 2015,<br />

when the prime ministers<br />

of both countries recognized<br />

that resolving the international<br />

conflict would<br />

benefit not only the enclaves’<br />

residents but also<br />

them personally. Indian<br />

Prime Minister Narendra<br />

Modi sought to deflect<br />

attention from domestic<br />

setbacks with the landswap<br />

agreement. And Bangladeshi<br />

Prime Minister<br />

Sheikh Hasina, who had<br />

been widely criticized for<br />

authorizing violent crackdowns<br />

against her political<br />

opposition, saw an opportunity<br />

to demonstrate<br />

her legitimacy through an<br />

international negotiation<br />

with the world’s largest democracy,<br />

according to the<br />

Observer.<br />

During a brief visit<br />

to Bangladesh’s capital,<br />

Dhaka, Modi oversaw<br />

the signing of about 20<br />

agreements with India’s<br />

neighbor, including the<br />

land-swap deal. Simultaneously,<br />

Indian conglomer-<br />

ates signed draft contracts<br />

to invest about $5 billion<br />

in improving Bangladesh’s<br />

aging power sector.<br />

Those who had been<br />

stranded in the enclaves,<br />

many for their entire lives,<br />

expressed relief that their<br />

fate had been finally settled.<br />

Most decided to stay<br />

put, accept a change in<br />

citizenship, and await the<br />

arrival of infrastructure and<br />

administration. “We didn’t<br />

have hospitals, schools,<br />

electricity — nothing,”<br />

Madhusudan Mohanto, a<br />

resident of an enclave in<br />

Bangladesh, told The Wall<br />

Street Journal. “Now we<br />

hope we’ll get our rights<br />

back.”<br />

Indian officials said the<br />

enclave agreement signaled<br />

that their nation was<br />

equipped to tackle more<br />

difficult border disputes<br />

with China and Pakistan.<br />

The deal also allowed India,<br />

long perceived by Bangladeshi<br />

leaders and citizens<br />

as overbearing on territorial<br />

and migration issues,<br />

to build trust and goodwill<br />

as it prepared to wrap up a<br />

more difficult dispute with<br />

Bangladesh about rights<br />

to the waters of the Teesta<br />

River, which flows through<br />

both countries.<br />

(Katie Shonk is the editor of the<br />

Program on Negotiation at Harvard<br />

Law School.)<br />

2017 Harvard Business School Publishing Corp. Distributed by The New York Times Syndicate

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