Cultural, Economic and Legal Environment of International Business Dr. (Mrs.) Vijaya Katti Dean Administration (Academics) Indian Institute of Foreign Trade New Delhi SIB : 15-12-19 Objectives • To understand the significance of Political, Legal and Cultural Environment for Global business. • To examine select case studies in each context • To apply the knowledge for undertaking business in different countries. What makes global marketing so different from domestic marketing? – While marketers use essentially the same strategic elements (the 4 p’s) to market their products the environment (PELFREC, plus geography) of different markets (countries) affect how these elements can be used WHAT ISSUES ARISE WHEN DOING BUSINESS GLOBALLY? • International business relationships can prove challenging • Legal Issues • Language Issues • Cultural Barriers • Supervisory Oversight • Political Problems REGULATING INTERNATIONAL BUSINESS Introduction • An IBE is affected by laws and regulations from many sources, not just the laws of its home country or state. Of course, an IBE must comply with the laws of the city, county, state, and nation that is considered its home or principal place of doing business International Controls • International agreements, treaties, and conventions are becoming increasingly important to IBEs. The scope of international conventions is no longer limited to relationships between governments • A major international institution that affects international business is the World Trade Organization, formed in 1995 and charged with the responsibility of enforcing the General Agreement on Tariffs and Trade (GATT). • Several other international bodies seek to control the activities of IBEs through the use of codes of conduct. • The Tripartite Declaration of Principles Concerning • Multi-National Enterprises and Social Policies was adopted by the International Labor Organization. • This declaration deals with issues of labor relations, such as working conditions, training, and employment. It also deals with issues of social policy. • The United Nations General assembly passed a resolution adopting the Restrictive Business Practices Code. • The purpose of this code is to protect competition as well as social welfare and consumer interests. • The United Nations Conference on Trade and Development is working on an international code of conduct for the transfer of technology. • One purpose of this code is to set up standards for technology transfer with respect to the interest of developing nations. • The Organization of Economic Cooperation and Development (OECD) has issued Guidelines for International Investment and Multinational Enterprises. • The member governments of the OECD have adopted guidelines regarding the disclosure of information by IBEs, competition, employment and industrial relationship, financing, and taxation. POLITICAL ENVIRONMENT • Politics has to do with the way power is gained and used and it is closely related to the legal system since governments, and the courts they appoint, determine the laws and the eventual application of those laws and regulations Political Vulnerability • Some products are more vulnerable than others in that the product receives more political attention and therefore create more risk for the firm. For example, in times of rising prices oil becomes a politically sensitive product Since political risk increases if the product is politically sensitive marketers must find out or detect the degree of vulnerability by addressing the following: – Is the product critical to the economic debate in the foreign market? – Is the product critical to the political debate in the foreign market? – Is the product in an industry that employs most of the people in the country? – Do other local industries depend on your output? – Is your product essential to national security? – Are you competing with local/domestic industry in the foreign market? – Is your product a danger to health or the environment? – Does your product drain resources? – Does your product or firm drain foreign exchange? Forecasting Political Risk – Firms can use quantitative or qualitative methods to assess political risk. Political risk assessment helps in deciding about risk insurance, data gathering and intelligence networking, development of contingency planning, establishment of early warning system. • Types of Political Risk – Confiscation (take-over without reimbursement) – Restriction – Price Controls – Labor Policy – Expropriation (takeover/unwilling sale with full or partial payment) – Domestication (local ownership, management, material inputs) – Nationalization (government ownership of industry) Economic Risk In the political setting, economic risk comes under the banner of: – National security – Protection of infant industry – Protection of foreign exchange (exchange Controls) – Tax/Revenue controls – Price controls – Import/Export (Trade) restrictions – Political sanctions – Violence and Labor problems – Political Reprisals Avoiding Political Risk – – – – – – – – – – – – – – Refrain from political activity Maintain a low profile in the foreign market Integrate the firm into the economy/society View net contribution to the host country Use joint ventures Expand investment base (use several investors including locals) Licensing Control of global marketing & distribution Planned domestication Development of local suppliers Adopt a low-key reactive style rather than an aggressive management style in the foreign market Develop and maintain a global image Resist pressure to pay bribes and or take sides in political contests Keep an eye on the local environment Legal Issues – The legal system varies from nation to nation - - no uniform system of laws exists. The notion that there is “International Law” is a myth Issues – Jurisdiction: In the case of a trade disagreement, which set of laws should the disputing parties use to settle the dispute? Intellectual Property Patents and trademarks do not receive universal protection simply because they are registered in one country (note that to some extent this is changing as the WTO seeks to expand global trade Bribery and Corruption Bribery is often used to buy influence and lessen political and other kinds of risk. Conflict Resolution Options – Conflicts between trading partners does not always have to end up in court. The parties to an agreement can stipulate how and where conflicts will be handled. Regulating Global Trade – Much of the world’s trade is regulated by regional and or international organizations. Much of the world is divided into huge trading blocks (Europe, Central Europe, the Americas, Asian pacific Rim, Africa, Middle East) with subdivisions within these major blocks. INTERNATIONAL CULTURAL ENVIRONMENT • A firm operating internationally comes across a wide range of diverse cultural environment, which significantly influence international business decisions. • International managers need to develop cultural sensitivities in the countries of their operations and adapt their business strategies accordingly. • The failure of Euro Disneyland is a classic example of the failure to understand a foreign culture and is often described as a ‘Cultural Chernobyl’. Disney’s insensitivity to French culture in terms of product designs, consumer habits, and local norms made the company enter into troubled waters in its French venture.. • Another example of cultural insensitivity was witnessed in May 2001 when a wave of anger erupted among vegetarian and Hindu consumers across the world, especially in India, within hours of receiving the news of McDonald’s using beef extract for cooking its fries. The Concept of Culture • The word culture is derived from the Latin cultura which is related to cult or worship Culture is the way of life of people, including their attitudes, values, beliefs, arts, sciences, modes of perception, and habits of thought and activity. Constituents of Culture • As culture is an integrated sum of learned behaviour shared by a group of people that differentiates it from others, it becomes imperative to understand various constituents that contribute to the sum total of learned behaviour. Value system • Values are shared assumptions of a group regarding what is good or bad, right or wrong, and important or unimportant. • Values are learnt by a person while being reared in a culture, which significantly influences one’s behaviour. Business behaviour is considerably affected by a country’s value systems. Traditions and customs • The word trdition is derived from the Latin word traditio, which means ‘to hand down’ or ‘to hand over’. Traditions are the elements of culture passed on from generation to generation. • International managers are required to learn customs and traditions of the cultures being dealt with, appreciate them, and integrate the strategic response in the business strategy. Language • Language can be described as a ‘systematic means of communicating ideas or feelings by the use of conventionalized signs, gestures, marks, or especially articulate vocal sounds. • Language is the most important element that sets human beings apart from the animals. Why Culture Matters in International Business • Effective handling of the cross-cultural interface is a critical source of a firm’s competitive advantage. Managers need to develop not only empathy and tolerance toward cultural differences, but also acquire a sufficient degree of factual knowledge about the beliefs and values of foreign counterparts. Cross-cultural proficiency is paramount in many managerial tasks, including: • cross-cultural differences may complicate workplace issues • Teamwork. • Lifetime employment • Pay-for-performance system • Organizational structure • Union-Management relationships • Attitudes toward ambiguity Importance of Cultural Awareness Training in International Business • Communication is very important while people interact with one another. Just being able to speak the same language is not enough. Understanding the barriers among people is essential. Culture is one such difference. The response of a person to a communication is different from another person’s response • Working in a multicultural environment requires basic culture awareness training Why is Cultural awareness necessary? • Cultural awareness is important to help members of a multicultural team identify where things may be going wrong or how to best leverage their differences. Without some sort of formal cross cultural awareness training it is difficult for multicultural teams to identify areas that need attention. • Build your cultural knowledge: • Treat people as individuals • Implement your cultural Knowledge • Withhold assumptions • Avoid Blame • Listen Actively • Relay your knowledge Summary • Entrepreneurs and business persons needs to understand the significance of each aspects influencing business environment. • Cultural, Political and Legal aspects play an important role. • Success or failure depends on proper interpretation of opportunities. Thank you