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Int - MKT.CH - 2
Int - MKT.CH - 2
Int - MKT.CH - 2
2. Post investment planning: political risks that arise after the in-
vestment has been made can be lessened through:
i. Planed Divestment iii. Short term profit maximization
ii. Adaptation iv. Developing local stakeholders
4. Legal environment
Multinational enterprises in global exercise
must cope with widely differing laws.
A foreign firm, therefore, has to be careful
in learning and heeding all local laws and
regulations. an international firm should be
especially careful in obeying laws pertain-
ing to competition, price setting, distribu-
tion arrangements, product quality, per-
sonal selling and others.
The firm has to comply with taxes, tariffs,
licensing, and other areas related to busi-
ness.
International Legal Perspective
Two important aspects of international legal sys-
tems are pertinent to marketing:
a. philosophical bases of the laws
i. Common law is based on precedents and
practices established in the past and interpreted
over time. first developed in England and today
used in USA and Canada
ii. Code law is based on detailed rules for all
eventualities. developed by the Romans and is
popularly practiced by a number of free world
countries. and is popularly practiced by a num-
ber of free world countries.
b. jurisdiction of these laws.
• Counties enact laws to control foreign business in
their economies, and some of these laws are dis-
criminatory against foreign goods and businesses.
• contract contains a jurisdiction clause stipulating
which country’s legal system should be used to set-
tle disputes, the matter can be settled accordingly.
• Same of Jurisdiction of laws are tariffs, antidump-
ing laws, export/import licensing, investment regu-
lations, legal incentives and restrictive laws.
Jurisdiction in International Legal Disputes
• Legal deputes can arise in three situations: between gov-
ernments, between a company and a government and be-
tween two companies. The world court can adjudicate
disputes between governments whereas the other two sit-
uations must be handled in the courts of the country of
one of the parties involved or through arbitration.
• Jurisdiction is generally determined in one of three ways:
i. on the basis of jurisdiction clauses included in contracts
ii. on the basis of where a contract was entered into or
iii.on the basis of where the provisions of the contract were
performed
International Dispute Resolution
Most international business people prefer a settlement
through arbitration than by suing a foreign company.
Same of international dispute resolution are:-
i. Conciliation: Conciliation also known as mediation is a
nonbinding agreement between parties to resolve dis-
putes by asking a third party to mediate differences.
ii.Arbitration: if conciliation is not used or an agreement
cannot be reached, the next step is arbitration. or in-
volved to select a neutral third party (mediation)
iii.Litigation: lawsuits in public courts are avoided for
many reasons.
Protection of Intellectual Property Rights: A Special Problem