2021 INCCS Negotiation Case-The Negotiating About Pandas Loans

Part A: San Diego Zoo,United States

Part B.:China Wildlife Conservation Association (CWCA),China

Background

Part A (Tenant)

The San Diego Zoo is a zoo in Balboa Park, San Diego, California, housing over 12,000 animals of more than 650 species and subspecies on 100 acres of Balboa Park leased from the City of San Diego. Its parent organization, San Diego Zoo Wildlife Alliance, is a private nonprofit conservation organization, and has one of the largest zoological membership associations in the world, with more than 250,000 member households and 130,000 child memberships, representing more than a half million people. The San Diego Zoo is a pioneer in the concept of open-air, cageless exhibits that recreate natural animal habitats. With more than 4 million visitors in 2018, San Diego Zoo is the most popular zoo in the United States.Travelers have also cited it as one of the best zoos in the world.

William Ury, the executive director of San Diego Zoo, observed a huge jump in zoo visitors—and revenue—when giant pandas were loaned from China to the Zoo for 6 months in 1987. In early 1988, William Ury decided to try to bring pandas back for a much longer visit. As the first panda on loan, Bai Yun, arrived at the San Diego Zoo in 1996. The cuddly panda soon became an iconic image of the zoo and one of the most popular animals. The name of her son, Xiao Liwu born on July 29,2012, means Little Gift in English. Bai Yun and Xiao Liwu attracted about two million visitors to the centre each year. Bai Yun, 27—a fixture at the zoo for 23 years,and her son, Xiao Liwu, 6, left San Diego for China because a multi-year agreement with the Chinese to keep them  had ended in April, 2019.William Ury, expressed the hope that the two countries will work out an agreement in the future to have the pandas visiting San Diego Zoo again. “Currently, our director and our executive team are in discussion with the Chinese right now, working out for a future research permit at this time.”

Part B (Landlord)

China Wildlife Conservation Association (CWCA) was founded on December 22, 1983 in Beijing. It is a nonprofit national organization under the framework of China Science Association with the aim of promoting sustainable development of China's wildlife. Its major functions are to carry out educational and scientific activities, to promote academic communication and cooperation in China and abroad, and to conduct relevant international wildlife conservation projects. As the largest ecological conservation organization in China, CWCA became one of the nongovernmental organizations of International Union for Conservation of Nature and Natural Resources, IUCN. CWCA is a mass organization, founded by wildlife enthusiasts and workers who concentrate on wildlife conservation, scientific research, wildlife breeding and domestication and natural conservation areas.

CWCA organizes international and domestic exchanges and intermediary services for wildlife like giant pandas. The zoo's giant panda program is the first joint research program established between China and the United States as early as in 1994.Like other joint giant panda research and conservation programs in the United States, this program has not only promoted the friendship and understanding between the Chinese and American people, but also pushed forward the bilateral collaboration and joint research on protection and conservation of endangered species of wildlife and biodiversity.

Negotiation Process

The former agreement ended in 2019, but the San Diego Zoo, along with CWCA,hope to ink a new leasing contract.

The San Diego Zoo’s executive director’s initial plans for a long-term agreement regarding China’s pandas, but the new contract needs to be adjusted because the zoo’s initiative attracts attention from a wide range of stakeholders, from nongovernmental (NGO) conservation groups to government agencies on both sides of the Pacific Ocean. Several of these organizations ardently oppose the zoo’s efforts, while others change their positions over time. The San Diego Zoo is currently closed to the public for safety concerns over COVID-19. Meanwhile,the Sino-American Trade Conflicts in recent years still remain to be resolved. Therefore, a challenging task for the zoo director is to monitor events in the negotiating environment and manage their effects on this negotiation with Chinese counterpart. In order to make the negotiation effective, a four-member team composed of William Ury, the executive director of San Diego Zoo, one representative of the NGO, one representative of the San Diego Zoo Wildlife Alliance and one keeper of pandas, is responsible for the negotiation.

China Wildlife Conservation Association (CWCA) includes reviewing how many the zoo wants to obtain pandas, and how to ensure that the environment does not scuttle pandas habits. Besides the San Diego Zoo, many other zoos are also trying to obtain giant pandas—the “rock stars” of the zoo world. CWCA has to take other factors into consideration. For example, the pandas need to highlight the public education and animal conservation in the zoo. Pandas have bridged Sino-American cultural exchanges. A team of four representatives, including Ming Li, the director of CWCA, one representative of the Cheng du Research Base of Giant Panda Breeding, one secretary general of CWCA and one legal consultant, is responsible for the negotiation.

Due to the epidemic situation, both sides will use network negotiation in October or November,2021.

The Negotiating Objectives

The ultimate objective for negotiators of this case is to determine how party A (San Diego Zoo ) and party B (CWCA) might best negotiate in order to reach a good outcome.