INTERNATIONAL MANAGEMENT GLOBAL Business and People Management

Professor H. Michael Boyd, Ph.D.

Professor H. Michael Boyd, Ph.D.

Management

Management

Ninth Edition Ninth Edition

Chapter 2 The Political, Legal, and Technological Environment

Luthans | Doh Fred Luthans Jonathan P. Doh

International Management Ninth Edition

The Political, Legal, and Technological Environment

• Luthans | Doh The specific objectives of this chapter are to 1. INTRODUCE the basic political systems that characterize regions and countries around the world and offer brief examples of each and their implications for international management.

2. PRESENT an overview of the legal and regulatory environment in which MNCs operate worldwide; highlight differences.

3. REVIEW key technological developments as well as their impact on MNCs now and in the future.

International Management Ninth Edition

Ideologies

Individualism Luthans | Doh • • •

Individualism

– People should be free to pursue economic and political endeavors without constraint.

David Hume, Adam Smith, Aristotle In business context, similar to capitalism and connected to free market society – Private property more successful, productive, and progressive than communal property – Betterment of society related to level of freedom individuals have in pursuing economic goals

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Ideologies

Collectivism Luthans | Doh • • • • Collectivism – Views the needs or goals of society as a whole as more important than individual desires Plato Does not value individual as such No rigid form of collectivism as societal goals differ greatly among cultures – Fascism: nationalism, authoritarianism, militarism, corporatism, collectivism, totalitarianism

International Management Ninth Edition

Ideologies

Socialism Luthans | Doh • • • • • Socialism – A moderate form of collectivism in which there is government ownership of institutions, and profit is not the ultimate goal Karl Marx, Friedrich Engels, Vladimir Ilyich Lenin Has been practiced in China, North Korea, Cuba Democratic socialism is the more moderate form – Practiced by Great Britain’s Labour Party, and in France, Spain, and Greece Communism is an extreme form of socialism.

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Political Environment

Luthans | Doh • • • Ideologies underlie the actions of governments – Ideas reflecting beliefs and values influencing the behavior and culture of nations and political systems Political systems can be evaluated along two dimensions 1. Rights of citizens based on a system of government (range from democratic to totalitarian) 2. Focus of political system on individualism vs. collectivism.

Democratic nations tend to emphasize individualism, and totalitarian nations tend to emphasize collectivism – No pure form of government

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Political Systems

Democracy Luthans | Doh • • •

Democracy

– System in which government is controlled by citizens either directly or through elections.

European roots Democratic society cannot exist without at least a two-party system – Once elected, representative is held accountable to electorate for actions (which limits power of government)

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Political System

Totalitarianism Luthans | Doh • •

Totalitarianism

– Only one representative party which exhibits control over every facet of political and human life Power maintained by suppression of opposition – Dominant ideals include media censorship, political repression, denial of rights and civil liberties

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Political Environment Regional Example: China

Luthans | Doh • • Emerging economic power Government attempting to open up economy – Speed up conversion of state enterprises into corporations – Trade liberalization a top priority since joining WTO in 2001 – Becoming a more open, democratic society – Shift toward greater tolerance of individual freedoms – Seeking to unleash a more dynamic market economy

International Management Ninth Edition

Political Environment: Regional Example: Europe

Luthans | Doh • • Privatization and economic liberalization reinforce EU-wide political and economic integration – Political power is variable and complex – Strong opposition to U.S.-led intervention in Iraq sometimes spill over into business relationships and dealings Europe is a large interwoven region economically, but contains vast cultural differences

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Political Environment: Example: The Middle East

Luthans | Doh • • In Iran and Saudi Arabia laws and government based on Islamic principles Business conduct in Middle East similar to Western in many ways – Seeking modern technology and have ability to pay for quality services – Worldwide fallout from war on terrorism have made business environment risky and potentially dangerous – Arab Spring fallout: uncertain business environment

International Management Ninth Edition Luthans | Doh

Legal and Regulatory Environment

• • • Confusion and challenge for the MNC due to many different laws and regulations in global business operations Disparate legal frameworks can prevent MNCs from capitalizing on manufacturing economies MNCs must carefully evaluate legal framework in each market before doing business

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Global Foundations of Law

Luthans | Doh 1. Islamic law 2. Socialist law 3. Common law 4. Civil or code law

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Global Foundations of Law

Islamic Law Luthans | Doh •

Islamic law

– Derived from interpretation of Qur’an and teachings of Prophet Muhammad – Found in Islamic countries: Middle East and Central Asia

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Global Foundations of Law

Socialist Law Luthans | Doh •

Socialist law

– Origins in Marxist socialist system – Continues to influence regulations in former communist countries • Members of former Soviet Union • Peoples’ Republic of China • Vietnam • • North Korea Cuba

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Global Foundations of Law

Common Law • Common law – Origins in English law – Foundation of legal system for • • United States Canada • England • Australia • New Zealand • Several other nations Luthans | Doh

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Global Foundations of Law

Civil or Code Law Luthans | Doh •

Civil or code law

– Derived from Roman law – Found in non-Islamic and non-socialist countries • • France Some Latin American countries • Louisiana in U.S.

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International Law

• • Sources – – Laws of individual countries Treaties • • Universal Multilateral • Bilateral – Conventions • Multilateral • Bilateral Contains unwritten understandings Luthans | Doh

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Basic Principles of International Law

• • • • • • Sovereignty and Sovereign Immunity International Jurisdiction Doctrine of Comity Act of State Doctrine Treatment and Rights of Aliens Forum for Hearing and Settling Disputes Luthans | Doh

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Principles of International Law

Sovereignty and Sovereign Immunity Luthans | Doh •

Principle of sovereignty

– An international principle of law which holds that governments have the right to rule themselves as they see fit.

– One country’s court system cannot be used to rectify injustices or impose penalties in another country unless that country agrees.

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Principles of International Law

International Jurisdiction Luthans | Doh • • •

Nationality principle

– Every country has jurisdiction over its citizens no matter where they are located.

Territoriality principle

– Every nation has the right of jurisdiction within its legal territory.

Protective principle

– Every country has jurisdiction over the behavior that adversely affects its national security, even if that conduct occurred outside the country.

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Principles of International Law

Doctrine of Comity Luthans | Doh •

Doctrine of comity

– A jurisdictional principle of international law that holds that there must be mutual respect for the laws, institutions, and governments of other countries in the matter of jurisdiction over their own citizens.

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Principles of International Law

Act of State Doctrine Luthans | Doh •

Act of state doctrine

– A jurisdictional principle of international law that holds that all acts of other governments are considered to be valid by U.S. courts, even if such acts are inappropriate under U.S. law.

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Principles of International Law

Treatment and Rights of Aliens Luthans | Doh •

Treatment and rights of aliens

– Countries have the legal right to refuse admission of foreign citizens and to impose special restrictions on their conduct, their right of travel, where they can stay, and what business they may conduct.

– Nations can also deport aliens; this may result in worker shortages.

International Management Ninth Edition

Principles of International Law

Forum for Hearing and Settling Disputes Luthans | Doh • Forum for hearing and settling disputes – U.S. courts can dismiss cases brought before them by foreigners; however, they are bound to examine issues such as • where the plaintiffs are located • where the evidence must be gathered • where property to be used in restitution is located

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Legal and Regulatory Issues

• • • • Financial and services regulation

Foreign Corrupt Practices Act (FCPA)

– Bribes are the focus of investigations by • U.S. Internal Revenue Service (IRS) • • Securities and Exchange Commission (SEC) Justice Department – Illegal to influence foreign officials through • Personal payment • Political contribution Bureaucratization Bureaucratization Privatization Luthans | Doh

International Management Ninth Edition Luthans | Doh

Regulation of Trade and Investment

• • Individual countries use legal and regulatory policies to affect the international management environment.

Country is perceived to engage in unfair trade practices (WTO and similar agreements) – – Government support (subsidies) Require MNCs to accept local partners – Require MNCs produce a specific amount of produce in their country – Sell local products at below cost or home market price

International Management Ninth Edition Luthans | Doh

Technological Environment and Global Shifts in Production

• • • • • • • Biotechnology Nanotechnology Satellites Automatic translation telephones Artificial intelligence and embedded learning technology Advancements in computer chip technology Supercomputers

International Management Ninth Edition Luthans | Doh

Technological Environment and Global Shifts in Production

• • Biotechnology – Agricultural and medical products through industrial use and manipulation of living organisms – Pharmaceutical competition – Alternative fuels (biofuels) E-business – – Business to business (B2B) Business to consumer (B2C) – – E-retailing Financial services (e-cash)

International Management Ninth Edition Luthans | Doh • •

Technological Environment and Global Shifts in Production

Telecommunications – Wireless – Merging of telephone and computer Technology, outsourcing and offshoring – Technology has reduced and eliminated middle management and white collar jobs – Global competition has forced some MNCs to outsource jobs to offshore productions – – Emerging technology makes work more portable Job loss from technology can be especially devastating in developing countries.

International Management Ninth Edition Luthans | Doh Winners and Losers in Selected Occupations Percentage Change Forecasts for 2010–2020

continues

International Management Ninth Edition Luthans | Doh Winners and Losers in Selected Occupations Percentage Change Forecasts for 2010–2020

International Management Ninth Edition

Review and Discuss

Luthans | Doh 1. In what ways do different ideologies and political systems influence the environment in which MNC’s operate? Would these challenges be less for those operating in the EU than for those in Russia or China? Why or why not?

2. How do the following legal principles impact MNC operations: the principle of sovereignty, the nationality principle, the territoriality principle, the protective principle, and principle of comity?

International Management Ninth Edition

Review and Discuss

Luthans | Doh 3. How will advances in technology and telecommunications affect developing countries? Give some specific examples.

4. Why are developing countries interested in privatizing their state-owned industries? What opportunities does privatization have for MNCs?