International Business Chapters 6-9 (Exam 2) Flashcards
Risk in Brazil’s Political and Legal Systems
Odebrecht- Petrobras
Paying Bribe’s
Government officials’ involvement
Corruption
Which Risk of International Business are we on
Country risk
Country risk (political risk)
Exposure to potential loss or adverse effects on company operations and profitability caused by developments in a country’s political and/or legal environment
-Each country has unique political and legal systems that pose challenges for company performance
Ex: Recycling in Germany
Which systems does country risk source from (2)
Political and legal systems
-country risk is always present but nature and intensity vary over time and from country to country
Political System
Government
political parties
legislative bodies
lobbying groups
trade unions
other political institutions
Legal system
Laws, regulations, and rules that aim to:
ensure order in commercial activities
resolve disputes
protect intellectual property
tax economic output
Unique to a country
grounded in the particular historical, economic, and cultural contexts
Political systems:
provide protection from external threats
establish stability (laws)
govern the allocation of valued resources
define how a society’s members interact
Political system
A set of formal institutions that constitute a government. It includes legislative bodies, political parties, lobbying groups, and trade unions. The system also defines how these groups interact with each other
Three major types of political systems
- totalitarianism (authoritarianism)
- socialism
- Democracy
These are NOT mutually exclusive (they can happen at the same time)
totalitarianism
NORTH KOREA, IRAN
-government control all economic and political matters
-either theocratic (religion based) or secular
-state party led by a dictator
-membership is mandatory
-power is sustained via secret police, propaganda, and regulation of free trade discussion and criticism
Socialism
-Capital ($) is invested in the state and used as a means of production versus profit
-Group welfare outweighs individual welfare
- Government role is to control production, distribution, and commercial activity
-today seen in social democracy
Democracy
-economic activity occurs freely, as per market forces
-Limited government
-Private property rights
-openness
Limited government
The government performs only essential functions that serve all citizens, such as national defense, maintaining law and order, foreign relations, and providing basic infrastructure
Private property rights
The ability to own property and assets and to increase one’s asset base by accumulating private wealth. Property includes land, buildings, stocks, contracts, patents. Encourages initiative, ambition, and innovation.
Openness
Lack of regulation and barriers to entry (inequities)
Political and economic systems
totalitarianism=command economies
democracy=market economies
socialism=mixed economies
command economies
the state makes all decisions on what to produce, how much to produce, and what prices to charge
-lower living standards, bureaucratic system, weaker legal system, and more gov’t interactions
Market economies
capitalism, decisions are largely left to market forces, that is, supply and demand
-higher living standards, more liberalized markets, more free trade, open barriers, more developed legal systems
mixed economies
features of both market and command economies, combining state intervention with market mechanisms (Sweden, Singapore, etc.)
Rule of law
Existence of a legal system where rules are clear, publicly disclosed, fairly enforced, and widely respected by individuals, organizations, and the government
(not with totalitarianism)
The legal system is:
applied to citizens equally
Issued via recognized government authorities
Enforced fairly and systematically by police forced and formally organized judicial bodies
(economic activity suffers and uncertainty increases when the rule of law is weak)
Four types of legal systems
1.common law
2. civil law
3. religious law
4. mixed system
common law
-originated in England
-basis of law is tradition, past practices, and legal precedents set by courts via interpretation of statutes, legislations, and past rulings
-judges interpret laws based on circumstances of individual cases
-relatively flexible
Civil law
-Found in France, Germany, Italy, Japan, and much of Latin America
-based on an all-inclusive system that have been “codified”-written by legislative bodies
-laws are more “cast in stone” and less subject to interpretation by courts
- Based on laws passe by national and state legislatures
Religious law
-Found in Hindu, Jewish, and Islami Law
-Strongly influenced by religious beliefs, ethical codes, and moral values viewed as mandated by a supreme being
-Islamic law spells out norms of behavior regarding politics, economies, banking, contracts, marriage, and other areas
Mixed system
-Found in Lebanon, Morocco, and Tunisia (civil and Islamic law)
-Two or more legal systems operating together
-contrast between civil and common law has become blurred as countries combine both systems
-totalitarianism is most associated with religious and socialistic law
-democracy associated with common, civil, and mixed systems
Participants in political and legal systems
-the GOVERNMENT or “public sector” operating at national and local levels
-INTERNATIONAL ORGANIZATIONS such as the world bank, world trade organization, and the united nations
-REGIONAL ECONOMIC BLOCS such as the European union, Nafta and many others
-SPECIAL INTEREST GROUPS such as labor unions and environmental advocates
-local competing FIRMS, which oppose foreign firms
Country risk produced by political systems
1.government takeover of corporate assets
2. embargoes and sanctions3.boycotts against firms or nations
3. terrorism
4.War, insurrection, and violence
Government takeover of corporate assets
Confiscation
Expropriation
Nationalization
Creeping expropriation
confiscation
takes over business
expropriation
takes over but gives compensation
nationalization
whole industry is taken over
creeping expropriation
squeezing you out of business slowly
sanctions
ban on exports and imports from a country or restrict it
Country risk produced by legal systems
- Risks arriving from HOST-country legal environment
- Risks arriving from HOME-country legal environment
Risks arising from HOST-country legal environment
-foreign investment laws (find a local partner)
-Controls on operations and practices
-Marketing and distribution laws
-Income repatriation (transfer of funds back home is hard)
-environmental laws
-contract laws
-Internet and e-commerce regulations
-inadequate or underdeveloped legal systems
Risks arriving from HOME-country legal environment
Extraterritoriality
the foreign corrupt practices act
accounting and reporting laws
transparency in financial reporting
Extraterritoriality
the application of home-country laws to other countries. For example, the EU pursued Microsoft for monopolistic practices
The foreign corrupt practice act (1966; US)
made it illegal to offer bribes to foreign parties. But the act may harm US firms because foreign competitors are usually not so constrained
Managing country risk
- proactive environmental scanning
- strict adherence to ethical standards
- alliances with qualified local partners
- protection through legal contracts
proactive environmental scanning
Management should develop a comprehensive understanding of the political and legal environment in target countries. Scanning- ongoing assessment of potential risks and threats to the firm, via intelligence sources such as:
-employees working in the host country
-embassy and trade association officials
-consulting firms, such as BERI
-minimize exposure to country risks
Strict adherence to ethical standards
Firms that engage in questionable practices or operate outside the law invite redress from the governments of the host countries where they do business
alliances with qualified local partners
for example, firms often enter China and Russia by partnering with local firms who assist in navigating the complex legal and political landscape
protection through legal contracts
contract law varies widely, the firm must follow the law in each country
Government Intervention
-governments intervene in trade and investment to achieve political, social, or economic objectives
-Governments impose trade and investment barriers that benefit interest groups, such as domestic firms, industries, and labor unions
-Government intervention alters the competitive landscape, by hindering or helping the ability of firms to compete internationally
Protectionism
National economic policies that restrict free trade. Usually intended to raise revenue or protect domestic industries from foreign competition
customs
the checkpoint at national ports of entry where officials inspect imported goods and levy tariffs
Instruments of government intervention
-tariff
-nontariff trade barrier
-quota
-investment barriers
-subsidies
Tariff
A tax on imports (citrus, textiles, etc.)
Nontariff trade barrier
government policy, regulation, or procedure that impedes trade
Quota
quantitative restriction on imports of a specific product (imports on Japanese Cars)
Investment Barriers
Rules or laws that hinder foreign direct investment (Mexico’s restriction in its oil industry)