The Political, Legal, and Technological Environment.

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Presentation transcript:

The Political, Legal, and Technological Environment

Ideologies Individualism  Individualism  People should be free to pursue economic and political endeavors without constraint.  In business context, similar to capitalism and connected to free market society  Private property is more successful, productive, and progressive than communal property  Betterment of society related to level of freedom individuals have in pursuing economic goals

Ideologies Collectivism  Collectivism  Views needs or goals of society as a whole as more important than individual desires.  Does not value individual as much  No rigid form of collectivism as societal goals differ greatly among cultures  Fascism: nationalism, authoritarianism, militarism, corporatism, collectivism, totalitarianism

Ideologies Socialism Socialism A moderate form of collectivism in which there is government ownership of institutions, and profit is not the ultimate goal. 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 extreme form of socialist thought

Political Environment  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: 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

Political Systems Democracy  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)

Political System Totalitarianism  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

Political Environment Regional Example: China  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  Greater tolerance of individual freedoms  Worker retraining, low-cost housing and other programs  Seeking to unleash a more dynamic market economy

Political Environment: Regional Example: Europe  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

Political Environment: Example: The Middle East  In Iran and Saudi Arabia laws and government based on Islamic principles  Business conduct in Middle East similar to Western in many ways  Worldwide fallout from war on terrorism have made business environment risky and potentially dangerous

Political Environment: Example: Russia  Neglect and confusing changes in economic policy  Infrastructure is weak and a political quagmire  Corruption interferes with attraction of more foreign investment

Legal and Regulatory Environment  Confusion and challenge for the MNC due to many different laws and regulations in global business operations  MNCs must carefully evaluate legal framework in each market before doing business

Global Foundations of Law Islamic law Socialist law Common law Civil or code law

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

Global Foundations of Law Socialist Law Socialist law Origins in Marxist socialist system Requires most property to be owned by state or state enterprises Continues to influence regulations in former communist countries Members of former Soviet Union Peoples’ Republic of China Vietnam North Korea Cuba

Global Foundations of Law Common Law  Common law  Origins in English law  Foundation of legal system for  United States  Canada  England  Australia  New Zealand

Global Foundations of Law Civil or Code Law  Civil or code law  Derived from Roman law  Found in non-Islamic and non-socialist countries

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

Principles of International Law Sovereignty and Sovereign Immunity  Principle of sovereignty  An international principle of law which holds that governments have the right to rule themselves as they see fit. In turn, this implies that one country’s court cannot be used to rectify injustices or impose penalties on another unless that country agrees.  While US laws require equality in the workplace for all employees, US citizens who take a job in India cannot sue their Indian employer under the provisions of US law for failure to provide equal opportunity for them.

Principles of International Law International Jurisdiction  Nationality principle  Holds that every country has jurisdiction over its citizens no matter where they are located.  A US manager who violates the American Foreign Corrupt Practices Act while traveling abroad can be found guilty in the US.

Principles of International Law International Jurisdiction  Territoriality principle  Holds that every nation has the right of jurisdiction within its legal territory.  A French firm that sells a defective wine in England can be sued under English law even though the company’s headquarters is outside England.

Principles of International Law International Jurisdiction  Protective principle  Holds that every country has jurisdiction over the behavior that adversely affects its national security, even if that conduct occurred outside the country.  A Japanese firm that sells secret US government blueprints for a satellite system can be subjected to US laws.

Principles of International Law Doctrine of Comity  Doctrine of comity  A jurisdictional principle of international law which holds that there must be mutual respect for the laws, institutions, and government of other countries in the matter of jurisdiction over their own citizens.

Principles of International Law Act of State Doctrine  Act of state doctrine  A jurisdictional principle of international law which holds that all acts of other governments are considered to be valid by U.S. courts, even if such acts are illegal or inappropriate under U.S. law.  As a result, for instance, foreign governments have the right to set limits on the repatriation of MNC profits and to forbid companies from sending more than this amount out of the host country back to the US.

Principles of International Law Treatment and Rights of Aliens  Treatment and rights of aliens  Countries have the legal right to refuse admission of foreign citizens and to impose special restrictions on their conduct, right of travel, where they can stay, and what business they may conduct.  Nations can also deport aliens

Principles of International Law Forum for Hearing and Settling Disputes  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

Legal and Regulatory Issues  Foreign Corrupt Practices Act  Illegal to influence foreign officials through  personal payment  political contribution  Restrictive bureaucratization  Privatization

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  Response may be  Retaliatory tariffs  Restrictive trade regulations

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

Technological Environment and Global Shifts in Production  E-business:  Business to business (B2B)  Business to consumer (B2C)  E-tailing  Financial services (e-cash)  Telecommunications  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

Expected Winners and Losers in Selected Occupations