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Topic 2 Legal, Political Technology in IB

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BUS60104

Introduction to International
Business

Topic 2: Legal, Political & Technology in IB


Learning Objectives
• Understand how the political systems of countries differ.
• Understand how the economic systems of countries differ.
• Understand how the legal systems of countries differ.
• Explain the implications for management practice of national differences
in political economy.
Introduction
International business more complicated than domestic
• Countries vary in economic development
• Cultural, education, and skill levels vary
• The political, economic, and legal systems are known as the political
economy
• Societal culture affects the political economy and the political economy
shapes societal culture
Political System
• The political economy of a nation refers to how the political, economic,
and legal systems of a country are interdependent

• they interact and influence each other

• they affect the level of economic well being in the nation


Political System
• Political system refers to the system of government in a nation
• Assessed according to
• the degree to which the country emphasizes collectivism as
opposed to individualism
• the degree to which the country is democratic or totalitarian
Collectivism
• Collectivism and Individualism
• Collectivism: a system that stresses the primacy of collective goals
over individual goals
• Can be traced to the Greek philosopher Plato
• Today, socialists support collectivism
• When collectivism is emphasized, the needs of the society as whole
are generally viewed as being more important than individual
freedoms
Socialism
• Modern socialists trace their roots to Karl Marx
• Advocated state ownership of the basic means of production,
distribution, and exchange
• The state then manages the enterprises for the benefit of society as a
whole
Socialism (cont’)
• In the early 20th century, socialism split into communists and social
democrats:
• Communists - socialism could only be achieved though revolution
and totalitarian dictatorship
• Social democrats worked to achieve the same goals by democratic
means
• Many state-owned enterprises failed to succeed, and many nations
implemented privatization programs
Individualism
• Individualism: suggests individuals should have freedom over their
economic and political pursuits
• Can be traced to Aristotle who argued that individual diversity and
private ownership are desirable
• Individualism stresses:
• Individual freedom and self-expression
• Letting people pursue their own self-interests to achieve the best
overall good for society
• Democratic systems and free markets
Democracy
• Democracy refers to a political system in which government is by the
people, exercised either directly or through elected representatives
• usually associated with individualism
• pure democracy is based on the belief that citizens should be
directly involved in decision making
• most modern democratic states practice representative democracy
where citizens periodically elect individuals to represent them
Totalitarianism
• Totalitarianism is a form of government in which one person or political party
exercises absolute control over all spheres of human life and prohibits
opposing political parties
1) Communist totalitarianism found in states where the communist party
monopolizes power
2) Theocratic totalitarianism found in states where political power is
monopolized by a party, group, or individual that governs according to
religious principles
3) Tribal totalitarianism found in states where a political party that
represents the interests of a particular tribe monopolizes power.
4) Right wing totalitarianism permits some individual economic freedom,
but restricts individual political freedom
Pseudo-Democracies
• Many nations lie between pure democracy and complete totalitarianism
• Authoritarian elements capture much of the machinery of state and
use this in an attempt to deny basic political and civil liberties
• Russia under Vladimir Putin
Economic Systems
• Political ideology and economic systems are connected
• There are three types of economic systems: the market economy, the
command economy, and the mixed economy
• A market-based economic system is likely in countries where
individual goals are given primacy over collective goals
• State-owned enterprises and restricted markets are common in
countries where collective goals are dominant
Market Economy
• In a pure market economy, the goods and services that a country
produces, and the quantity in which they are produced is determined by
supply and demand
• Supply must not be restricted by monopolies
• The role of government is to encourage free and fair competition
between private producers
Command Economy
• In a pure command economy, the goods and services that a country
produces, the quantity in which they are produced, and the price at
which they are sold are all planned by the government
• All businesses are state-owned, and have little incentive to control
costs and be efficient
• Because there is no private ownership, there is little incentive to
better serve consumer needs
• Dynamism and innovation are absent
North Korea’s Command Economy
• Kim Jong-un, the leader of the
Democratic People's Republic
of Korea, inspecting a factory.
North Korea functions as a
centralized, single party, and
tightly controlled dictatorial
command economy.
Mixed Economy
• A mixed economy includes some elements of a market economy and
some elements of a command economy
• Certain sectors of the economy are left to private ownership and free
market mechanisms while other sectors have significant state ownership
and government planning
• Governments tend to own firms that are considered important to
national security
Legal Systems
• The legal system of a country refers to the rules, or laws, that regulate
behavior, along with the processes by which the laws of a country are
enforced and through which redress for grievances is obtained
• A country’s legal system is important because laws:
• Regulate business practice
• Define the manner in which business transactions are to be executed
• Set down the rights and obligations of those involved in business
transactions
Legal Systems (cont’)
Different Legal Systems
• Common law: based on tradition, precedent, and custom
• Found in most of Great Britain’s former colonies, including the
United States
• Civil law: based on detailed set of laws organized into codes
• Found in more than 80 countries, including Germany, France, Japan,
and Russia
• Theocratic law: based on religious teachings
• Islamic law is the most widely practiced
Differences in Contract Law
• They approach contract law (the body of law that governs contract
enforcement) differently
• A contract specifies the conditions under which an exchange is to
occur and details the rights and obligations of the parties involved
• In a common law state, contracts are very detailed with all contingencies
spelled out
• In a civil law state, contracts are shorter and much less specific
Differences in Contract Law (cont’)
• The United Nations Convention on Contracts for the International Sales
of Goods (CISG) establishes a uniform set of rules governing certain
aspects of the making and performance of everyday commercial
contracts between sellers and buyers who have their places of business
in different nations
• Countries that adopt CISG signal to other nations that they will treat
the Convention’s rules as part of their law
Property Rights and Corruption
• Property rights: the legal rights over the use to which a resource is
put and over the use made of any income that may be derived from that
resource
• Private action: theft, piracy, blackmail, and the like by private individuals
or groups
• Public action: public officials extort income or resources from
property holders
• Excessive taxation, requiring expensive licenses or permits from
property holders, or taking assets into state ownership without
compensating the owners
Property Rights and Corruption (cont’)
• Corruption is present in all countries to some degree, however when a
country has a high level of corruption:
• Foreign direct investment falls
• International trade falls
• Economic growth falls
Source: Constructed by the author from raw data from Transparency International, Corruption Perceptions Index 2015.
2018
Rankings of
Corruption
by Country,
Legal Systems
• The Foreign Corrupt Practices Act limits corruption in the U.S
• It is illegal to bribe a foreign government official in order to obtain or
maintain business over which the foreign official has authority
• All publicly traded companies must keep detailed records so that it is
clear whether a violation of the act has occurred
• Facilitating or expediting payments to secure the performance of
routine government actions are permitted
The Protection of Intellectual
Property
• Intellectual property: property that is the product of intellectual activity
• Patents: give the inventor exclusive rights to the manufacture, use,
or sale of that invention
• Copyrights: exclusive legal rights of authors, composers, playwrights,
artists, and publishers to publish and dispose of their work as they
see fit
• Trademarks: designs and names, often officially registered, by which
merchants or manufacturers designate and differentiate their
products
The Protection of Intellectual
Property (cont’)
• The protection of intellectual property rights differs greatly from
country to country
• 185 nations are members of the World Intellectual Property
Organization
• Paris Convention for the Protection of Industrial Property:
agreement signed by 170+ countries to protect intellectual property
rights
• Enforcement is lax in many nations especially in China and Thailand
The Protection of Intellectual
Property (cont’)
Response to violations of intellectual property
• Lobbying governments for better laws and enforcement of those laws
• Trade Related Aspects of Intellectual Property Rights (TRIPS) -
requires WTO members to grant and enforce patents lasting at least
20 years and copyrights lasting 50 years
• Filing lawsuits
• Avoiding countries with poor intellectual property laws
Product Safety and Product
Liability
• Product safety laws set certain safety standards to which a product must
adhere
• Product liability involves holding a firm and its officers responsible when
a product causes injury, death, or damage
• Liability laws are usually least extensive in less developed countries
• Firms must decide whether to adhere to the standards of the home
country or the standards of the host country
Focus on Managerial Implications
The macro environment influences market attractiveness
• The political, economic, and legal systems of a country raise important
ethical issues that have implications for the practice of international
business
• The political, economic, and legal environments of a country clearly
influence the attractiveness of that country as a market and/or
investment site
• A democratic country with a market-based economy, protection of
property rights, and limited corruption is a more attractive place to do
business.
REFERENCES

 Hill, C. (2021), International Business: Competing in the Global Marketplace. (13th


Edition) New Jersey: Prentice Hall

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