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Recording- Lecture 3 Political and Legal Environment

Apr 14, 2018

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    BMA 734 International Business

    Management

    Lecture 3

    The influence of political and legalenvironment on international

    business

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    Describe each main type of political system

    Identify the origins of political risk and how managers

    can reduce its effects

    Describe each main type of legal system and the

    important global legal issues

    Explain ethics and social responsibility and key issues

    facing international companies

    Explain how international relations affect international

    business activities

    Chapter Objectives

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    Background

    Every country has its own political

    and legal environmentCompanies must determine where,

    when, and how to adjust their

    business practices withoutundermining the basis for success

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    Roles of History and Culture

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    The Political Environment

    Managers evaluate, monitor, and

    forecast political environments

    A countrys political system refers to the

    structural dimensions and power

    dynamics of its government that specifyinstitutions, organizations, and interest

    groups, and define the norms that

    govern political activities

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    Political Systems

    The system of government of nations

    Two dimensions

    Degree of collectivism versus individualism

    Collectivism

    Socialism

    Individualism

    Degree of democracy versus totalitarianism

    Democracy

    Totalitarianism

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    Political Ideologies

    Both private and public

    groups need to balance

    each others power

    Every aspect of

    peoples lives must be

    controlled to preserve order

    Only individuals and

    private groups can

    preserve personal liberties

    Totalitarianism AnarchismPluralism

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    Imposed

    authority

    Lack ofconstitutional

    guarantees

    Restricted

    participation

    Totalitarianism

    Leaders govern without peoples support

    Government controls much of peoples lives Leaders do not tolerate opposing viewpoints

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    Forms of Totalitarianism

    Theocratic totalitarianism(totalitarian religious leadership)

    Secular totalitarianism(military and bureaucratic leadership)

    Tribal totalitarianism

    Communist totalitarianism

    Right-wing totalitarianism

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    Business in Totalitarian Nations

    Risk Factors

    Arbitrary nature ofbusiness can mean that

    laws are vague or do not

    exist

    Bureaucrats mayinterpret laws however

    they wish

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    Democracy

    Freedom of expression

    Periodic elections

    Full civil, property rights

    Minority rights

    Nonpolitical bureaucracies

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    Types of Political Risk

    Conflict and violence

    Policy changes

    Terrorism and kidnapping

    Local content requirements

    Property seizure

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    Arises from:Peoples resentment

    toward government

    Territorial disputes

    between nations

    Ethnic, racial, orreligious disputes

    Reduces ability to: Obtain materials

    and equipment

    Manufacture and

    distribute products

    Protect employees livesand firms assets

    Conflict and Violence

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    Fly nonstop when possible and avoid unsecuredareas of airports

    During your stay, vary your routines and meansof transportation Keep a low profile and refrain from loud, flashy

    behavior

    Give friendly but cautious answers to personalquestions

    Know local emergency procedures before troublestrikes

    Security checklist for managers on businessabroad:

    Terrorism and Kidnapping

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    Property Seizure

    ConfiscationForced transfer of assets from

    a company to the government

    without compensation

    ExpropriationForced transfer of assets from

    a company to the governmentwith compensation NationalizationForced asset transfer to the

    government of an entire

    industry

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    Policies and Laws

    Policy changes restrict: Local content

    requirements:

    Specify the portion

    of a good or service

    to be suppliedby local firms

    Foreign ownership

    Investment levels

    Business activities

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    Managing Political Risk I

    AdaptationIncorporate risk into

    business strategies

    Localization

    Development assistance

    Partnerships

    Insurance

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    Managing Political Risk II

    Agencies specializingin political-risk services

    Current employees

    with relevant informationInformation gathering

    Gather data to better

    predict and manage risk

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    Managing Political Risk III

    Corruption

    Foreign Corrupt Practices Act

    Lobbying

    Influencing local lawmakersInfluence local politics

    Present firms views

    on political matters

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    Legal Systems

    Rules or laws that regulate behaviour andprocesses through which laws are enforced &grievances are redressed

    Companies must observeHost country laws

    Home country laws

    International laws and treaties

    Three main types of legal systems

    Common law system

    Civil law system

    Theocratic law system

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    Common Law

    PrecedentPast cases before the courts

    UsageHow laws are applied

    TraditionNations legal history

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    Civil Law

    Rules and statutes

    constitute a legal code

    Defines all obligations,

    responsibilities, and

    privileges

    Dates to Roman times in

    the fifth century B.C.

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    Theocratic Law

    Legal tradition based on religious teachings

    Islamic law Jewish law Hindu law

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    Global Legal Issues I

    Contract laws

    Property rights

    Ownership is established by use in common law system

    Ownership is established through registration in civil law

    system

    Can be violated by either private or public actions

    Intellectual property rights

    Patents, copyrights, trademarks

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    Global Legal Issues I-continue

    Intellectual property- Result of intellectual talent and abilities

    - Piracy/counterfeits a serious problem

    PatentExcludes all but the inventor from making, using,

    or selling the invention (WTO = 20 years)

    TrademarkWords or symbols that distinguish a product and

    its manufacturer ("Coca-Cola")

    CopyrightFreedom of creator to publish or dispose of original

    works as they choose ("Happy Birthday to You")

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    Business Software Piracy

    Source: Based on the Seventh Annual BSA and IDC Global Software Piracy Study(Washington, D.C.; Business Software Alliance, May 2010), Table 3, pp. 1415, (www.bsa.org/globalstudy).

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    Rankings of Corruption byCountries (2008)

    Source: Hill, C.W.L. 2013: 53.

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    Global Legal Issues II

    Standardization- Interpreting and applying laws uniformly

    Product safety and liability

    -Responsibility for damage, injury, or death

    Taxation- Income, sales, consumption, and VAT

    Antitrust (antimonopoly) laws

    -Prevent market sharing, price fixing, and

    unfair advantage

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    Friedman View Cultural Relativism

    UtilitarianismRighteous Moralism

    Ethics and Social Responsibility

    PHILOSOPHIES

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    Fight to eliminate bribery and corruption

    Improve labor conditions and guard human rights

    Practice fair trade to help the disadvantaged

    Protect the environment and conserve resources

    Social Responsibility Issues

    Go beyond legal obligations to balance

    commitments to investors, customers,

    communities, and other companies

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    International Relations

    Stable businessenvironments

    Improved businesscommunications

    Efficient distributionsystems

    Expanded opportunities Diminished risk levels

    Prompt and equitabledispute resolution

    Favorable international

    political relations foster: