Chapter 3 - Political and Legal Environments Facing Business

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Chapter

Three
The Political
and Legal
Environments
Facing
Business

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Chapter Objectives
To discuss the philosophies and practices of a political system
To profile trends in contemporary political systems
To explain the idea of political risk and describe approaches to
managing it
To discuss philosophies and practices of the legal system
To describe trends in contemporary legal systems
To explain legal issues facing international companies

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Political and Legal Factors Influencing
International Business Operations

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Definition of a Political
System
The complete set of institutions, political organizations, and interest
groups,
The relationships among institutions, and the political norms and rules
that govern their functions

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Individualism vs.
Collectivism
Individualism: primacy of the rights and role of the individual
• Collectivism: primacy of the rights and role of the community

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Political Ideology
The system of ideas that expresses the goals, theories, and aims of a
sociopolitical program
Most modern societies are pluralistic—different groups champion
competing political ideologies

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The Political Spectrum

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Democracy
Wide participation by citizens in the decision-making process
Five types:
◦ Parliamentary
◦ Liberal
◦ Multiparty
◦ Representative
◦ Social

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Fundamental Elements of Democratic
Political Systems

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Totalitarianism
Restricts decision making to a few individuals
Types:
◦ Authoritarianism
◦ Fascism
◦ Secular totalitarianism
◦ Theocratic totalitarianism

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Trends in Political Systems
Third Wave of Democracy
Engines of Democracy
1. The failure of totalitarian regimes to deliver economic progress
2. Improved communications technology
3. Economic dividends of increasing political freedom

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Definition of Political Risk
The risk that political decisions or events in a country negatively affect
the profitability or sustainability of an investment
Types:
◦ Systemic
◦ Procedural
◦ Distributive
◦ Catastrophic

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Definition of a Legal System
The mechanism for creating, interpreting, and enforcing the laws in a
specified jurisdiction
Types:
◦ Common law
◦ Civil law
◦ Theocratic law
◦ Customary law
◦ Mixed systems

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Trends in Legal Systems
The preference for stability
The influence of national legacies

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Bases of Rules
Rule of Man-ultimate power resides in a person

Rule of Law-institutes a just political and social environment, guarantees


the enforceability of commercial contracts and business transactions, and
safeguards personal property and individual freedom

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Operational Concerns that Face
Managers Worldwide
Starting a business
Entering and enforcing contracts
Hiring and firing local workers
Closing down the business

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Strategic Concerns that Face
Managers Worldwide
Product safety and liability
Marketplace behavior
Product origin and local content
Legal jurisdiction
Arbitration

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Intellectual Property
Intangible property rights that are a result of intellectual effort
Intellectual property rights refer to the right to control and derive the
benefits from writing, inventions, processes, and identifiers
Local attitudes play a large role in piracy

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Legacies, Economics, and
Orientation
Legal Legacies

Wealth, Poverty, and Protection

Cultural Orientation

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The Driver of Change
Countries that generate
intellectual property are strong
advocates of protecting the
ownership rights.

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All rights reserved. No part of this publication may
be reproduced, stored in a retrieval system, or
transmitted, in any form or by any means,
electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of
the publisher. Printed in the United States of
America.

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