Chapter 02 Flashcards
Civil Law
Uses pre-existing codes and is the most frequently used legal system in the world.
Common Law
Relies on the balance of previous cases or precedent to resolve legal disputes.
Islamic Law
Relies upon religious stipulations in the Quran—also known as Sharia (or God’s rules).
Legal Protection against discrimination in The US
Civil Rights Act of 1964 (and the 1990/91 amendment)
Forbids U.S. firms from discriminating against employees at home and in foreign countries.
Foreign multinationals are also subject to the Civil Rights Act while operating in the United States.
General Agreement on Tariffs and Trade Organization (GATT)
Purpose was to extend fair and similar trading and tariff policies to all other GATT members.
Membership conferred “most-favored-nation” status
World Trade Organization
Is successor to GATT.
Requires members to “harmonize” tariffs and business laws with WTO guidelines.
Conducts negotiations (“rounds”) to set major agreements among members.
Source of Jurisdiction
Which court or country has or should have jurisdiction in situations involving cross-border trade and legal conflicts in which international firms are involved?
Should firms follow home-country laws or be subject to the jurisdiction of the legal system of the countries in which they are conducting business?
How are foreign firms to be held responsible for the effects of their products and alliances in foreign markets?
Political Risk
The extent to which actions of a country or its people may affect the viability of a firm.
Types of Political Risk
Changes in the political/economic environment.
Changes in prevailing domestic economic conditions.
Changes in external economic relations
Nationalization
Occurs when a government forces the transfer of ownership from private to state control
Expropriation
Occurs when a government compensates a company after nationalizing its assets
Sovereign Immunity
The principle that no nation has the right to challenge the internal actions of another state, if that state has proceeded justly
Confiscation
When nationalization of foreign firms occurs with little or no compensation offered
Tariffs
Fees paid by an exporter to the country of import that increase the price of a foreign product or service relative to the domestic counterpart
Export Controls
Restrictions imposed by governments on what can be exported from a country