Political and Legal Issues

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Introduction

The role of the political system is to integrate the


various parts of its society into a viable, functioning
whole.

It also influences the extent to which government


intervenes in business, and the way in which business
is conducted domestically and internationally.
Individualism

The general orientation within a society concerning the


primacy of the rights and role the individual versus that
of the larger community.

Individualism:
Political officials and agencies have a limited role in
society.
Make and apply regulations to correct market inefficiencies:
accessibility to information, promoting fair and just
competition.
Government is detached from and independent of the day-
to-day practices of business in an individualistic society.
Collectivism
 Government officials should intervene in the structure of
industries, conduct of companies, and actions of
managers to ensure they benefit society.

 Setting up formal and informal partnerships with the


business community to develop successful companies.

 Governments are highly connected to and interdependent


with business.
Democracy
 Freedom of opinion, expression, press and
organization
 Elections
 Limited terms for elected officials
 Independent court system
• High regard for individual rights
• Respect for property
 Nonpolitical bureaucracy and defense
infrastructure
 Accessibility to the decision-making
process
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Indicators of Political Rights
 Degree to which fair and competitive
elections occur
 Ability of voters to endow
representatives with real power
 Ability to organize political parties
 Existence of safeguards on the rights
of minorities

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Indicators of Civil Liberties
 Existence of freedom of the press
 Equality under the law for all
individuals
 Extent of personal social freedoms
 Degree of freedom from extreme
governmental indifference or
corruption

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Totalitarianism
A political system in which a single agent, whether an
individual, group, or party, monopolizes all political
power.

Aims to subordinate all aspects of the day-to-day life of


people to the power of the state.

Merging the concepts of the state and the people.

Order is often imposed through military power.

Neither recognizes nor permits opposition. Tools used


include: violence, persecution, propaganda, censorship.
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 Authoritarianism: a political system that aims to
rule completely all affairs of all citizens.
 Fascism: to control people’s minds and souls
through the supremacy of the state.
 Secular Totalitarianism: using the power of the
state or the army to enforce control of all aspects
of the business environment. Communism and
total government ownership and control of the
factors of production.
 Theocratic Totalitarianism: religious leaders are
the political leaders,
Trends in Political Systems
1. Breakdown of Totalitarian Regimes.

Many totalitarian regimes failed to deliver economic


progress to the vast majority of their populations.

2. Improved Communication Technology

Weakened the ability of totalitarian states to control


citizens’ access to information.

3. Higher Standards of Living


Political Risks for International Business

 Political Risk:
Risk
The chance that political decisions, events,
or conditions in a country will affect the
business environment in ways that lead
investors:
- To lose some or all of the value of their
investment, or
- Be forced to accept a lower than expected
rate of return.
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Sources of Political Risk
 Systemic: Political risk created by shifts in public policy,
such as a new political leadership that may adopt a different
approach than its predecessor.

 Procedural: Political actions can sometimes create frictions


that interfere with the procedural transactions between units.
(Government corruption, labor disputes, a partisan
judicial system)

 Distributive: Political actions that aim to claim a greater


share of rewards.

 Catastrophic: Random political developments.


Political Strategies for International
Businesses
 Identify the exact issue
• Trade barrier?
• Environmental standards?
• Workers rights, etc?
 Define/determine the political aspect of the issue
 Assess the potential political action of other
companies
 Identify important institutions and individuals
 Formulate strategies
• Key objectives
• Alternatives
• Probable effectiveness

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Legal Environment
 Common law systems (tradition/precedent)
• United States
• United Kingdom
 Civil law: based on a systematic and extensive codification of laws.
Political officials prepare a written collection of laws. Judges apply
existing laws instead of creating them.
• Germany
• France
• Japan
 Theocratic law (based on religious principles and rules)
Islamic Law that is based on the Qur’an, the practices of the prophet, the writings
of scholars, and consensus of the community.
• Sudan
• Pakistan
 A Customary Law System: follows the wisdom of daily experience.
 A Mixed Legal System.

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Impact of Laws on International Business
 National laws affect all local business
activities.
 National laws affect cross-border
activities.
 International treaties and
conventions may govern some cross-
border transactions.
Legal Issues in International Business
Managers look at legal issues from two
perspectives:

 Operational (Procedural) Concerns: How do legal


regulations impact day-to-day operations?
 starting a business,
 hiring and firing,
 entering and enforcing contracts,
 closing down the business
Legal Issues in International Business

 Strategic Concerns: How do legal regulations


affect companies’ long-term competitiveness?
 Product safety and liability
 Marketplace behaviour
 Product origin
 Legal jurisdiction
 Arbitration
Intellectual Property Rights (IPRs)
Now, countries are competing on the strength of
their brainpower to create might, prestige, and
wealth.

The output of this brainpower is called intellectual


property – books, designs,brand names, software.

Problems occur because IP is hard to conceive but


easy to copy. (Piracy)

IPRs refer to the right to control and derive the


benefits from writing (copyrights), inventions
(patents), processes (trade secrets),and identifiers
(trademarks).
Legal Issues for International
Businesses
 Worker relations
• Health and safety standards
• Workweek
 Employment practices
 Antitrust prohibitions
 Contractual relationships
 Environmental practices
 Patents, trademarks, and intellectual
property protection
 Taxes and reporting requirements
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