International Business Environments & Operations Chapter 3 The Political and Legal Environments Facing Business Daniels ● Radebaugh ● Sullivan 3-1 Introduction Every country has its own political and legal environment as an integral part of its operating system Companies must determine where, when, and how to adjust their business practices without undermining the basis for success 3 points to consider for IB: The principles and practices of home country cannot be applied directly to a foreign country Political and legal systems vary among countries Opportunities and threats are handled and impact differently within different political and legal systems 3-2 Introduction Political and Legal Factors Influencing International Business Operations 3-3 The Political Environment Managers evaluate, monitor, and forecast political environments A country’s political system refers to the structural dimensions and power dynamics of its government that specify institutions, organizations, and interest groups, and define the norms that govern political activities Includes complete set of institutions, political organizations, and interest groups as well as the relationship among institutions and political norms and values 3-4 political system A Political system must integrate different groups into a functioning self-sustaining, self-governing society It ensures level of stability in social relations and unites a society in the face of diverse viewpoints An essential task of a political system is to integrate the different elements into a functioning unit It is effective when supported by legitimate consensus of people who live under it Important for IB: How officials exercise authority Elect, monitor, and replace officials Respect the rule of law 3-5 Government’s Role in a Society Social equality or social hierarchy Individual liberty or collective security Jurisdiction in some or all areas of society Civil liberties allowed to citizens Remedies of redressing injustice 3-6 Individualism vs. Collectivism Individualism primacy of the rights and role of the individual Limited role of political officials and agencies in social transactions Mainly rule of law; fair regulations; just competition Collectivism primacy of the rights and role of the community Government intervenes in certain cases involving structure of industries, conduct of companies, actions of managers– to ensure that business practices benefit society Officials establish both formal and informal relationships with the business community Promote social equality, labor rights, workplace democracy Government is connected and interdepedent with businesses 3-7 Political Ideology A political ideology stipulates how society ought to function and outlines the methods by which it will do so A system of ideas that expresses the goals, theories, and aims of a socio-political program Most modern societies are pluralistic Different groups or segments of society hold different, perhaps competing, political ideologies Two or more groups in a country differ in language, class, structure, ethnicity, tribal groups, or religion For example: Democrats vs. Republicans in the United States Democratic Party vs. Liberal Party in Japan 3-8 Spectrum Analysis A way to profile similarities and differences while figuring out where moderates fall between the two anchors A political spectrum outlines the various forms of political ideology For example: theocracy vs secularism, democracy vs totalitarianism The distinguishing feature of political ideologies along the political spectrum is freedom Political freedom measures the degree to which fair and competitive elections occur the extent to which individual and group freedoms are guaranteed the legitimacy ascribed to the general rule of law 3-9 the freedom expression Spectrum Analysis The Political Spectrum 3-10 Democracy Democracy: A political system that endorses the rule of law and grants the voting citizenry the power to alter the laws and structure of the government, make decisions, and participate in elections to express their decisions Government of the people, for the people, by the people In a democracy all citizens are politically and legally equal all are equally entitled to freedom of thought, opinion, belief, speech, and association all equally command sovereign power over public officials 3-11 Types of democracy Representative Parliamentary Citizens elect representatives to a legislative branch of government called parliament. The executive branch typically consist of a cabinet headed by the prime minister. There is no formal separation of powers between legislative and executive branch Multiparty People’s elective representatives hold ultimate sovereignty and enjoy sufficient authority to deal directly and as they see fit with changing circumstances Three or more political parties control the government Social democracy or democratic socialism Use of democratic means to achieve a gradual transition from capitalism to socialism 3-12 Totalitarianism A single agent (individual, group, party) monopolizes power |Unquestioning support for official state ideology No activities counter to the goals of the state A totalitarian system subordinates the individual to the interests of the collective dissent is eliminated through indoctrination, persecution, surveillance, propaganda, censorship, and violence 3-13 Types of totalitarianism Authoritarianism Fascism Secular Theocratic 3-14 Political Risk Political risk refers to the risk that political decisions or events in a country negatively affect the profitability or sustainability of an investment Types: Systemic: Change in political leadership where new leader may adopt a different approach to management Procedural: risk arises from political actions, such as public corruption, that interfere with transactions between sellers and buyers and that can raise the costs of getting things done Distributive: As businesses prosper, the officials seek ways to greater share of rewards Catastrophic: Random political developments, ethnic discord, civil disorder, or war 3-15 Classifying Political Risk Characteristics of Political Risk 3-16 The Legal Environment The legal system is the mechanism for creating, interpreting, and enforcing the laws in a specified jurisdiction Specifies the rules that regulate behavior Ensures that a society can pursue economic and social development and when disagreements arise, resolve them without collapsing to anarchy Purpose: establish a comprehensive legal network to regulate social activities Three components Constitutional law sets the framework for the system of government and defines the authority and procedures of political bodies-- to guarantee open and just political order Criminal law to safeguard social order Civil and commercial laws to ensure fair and efficient business transactions 3-17 Types of Legal Environments Common law Civil law Theocratic law Customary law Mixed systems 3-18 Legal Systems: Bases of Rule What is the basis of rule in a country? The rule of man legal rights derive from the individual who commands the power to impose them associated with a totalitarian system The rule of law systematic and objective laws applied by public officials who are held accountable for their administration associated with a democratic system 3-19 Operational Concerns Operational issues Starting a business Making and enforcing contracts Hiring and firing local workers Closing down the business In general rich countries regulate less poor countries regulate more 3-20 Strategic Concerns Country Characteristics Product safety and liability Legal jurisdiction Intellectual property 3-21 Intellectual Property: Rights and Protection Intellectual property refers to creative ideas, expertise, or intangible insights that grant its owner a competitive advantage Intellectual property rights refer to the right to control and derive the benefits from writing, inventions, processes, and identifiers no “global” patent, trademark or copyright exists 3-22 Intellectual Property: Rights and Protection Attitudes towards intellectual property Historical legacies rule of man versus rule of law Economic circumstances levels of economic development Cultural orientation individualism versus collectivism 3-23