Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition 1 Global Marketing Management Masaaki Kotabe & Kristiaan Helsen Second Edition John Wiley & Sons, Inc., 2001

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition 2 Chapter 5 Political and Legal Environment

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition 3 Chapter Overview 1. Political Environment - Individual Governments 2. Political Environment - Social Pressures and Political Risk 3. International Agreements 4. International Law and Local Legal Environment 5. Issues Transcending National Boundaries

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition 4 Introduction International marketers should be aware that the economic interests of their companies can differ widely from those of the countries in which they do business. International marketers should be aware that the economic interests of their companies can differ widely from those of the countries in which they do business. International marketers must abide by various international agreements, treaties and laws. International marketers must abide by various international agreements, treaties and laws. Political and legal climates are inherently related and inseparable because laws are generally a manifestation of a country’s political processes. Political and legal climates are inherently related and inseparable because laws are generally a manifestation of a country’s political processes.

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition 5 1. Political Environment - Individual Governments Government affects almost every aspect of business life in a country. Government affects almost every aspect of business life in a country. National politics affect business environment directly, through changes in policies, regulations, and laws. National politics affect business environment directly, through changes in policies, regulations, and laws. The political stability and mood in a country affect the actions a government will take. The political stability and mood in a country affect the actions a government will take. Home Country vs. Host Country. Home Country vs. Host Country. Structure of Government: Structure of Government: –Ideology

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition 6 1. Political Environment - Individual Governments (contd.) –Communism –Capitalism –Socialism –Political Parties »Single-party-dominant country »Dual-party system »Multi-party system Government Policies and Regulations: It is the role of government to promote a country’s interests in the international arena for various Government Policies and Regulations: It is the role of government to promote a country’s interests in the international arena for various

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition 7 1. Political Environment - Individual Governments (contd.) reasons and objectives such as: national security, developing new industries, and protecting declining industries. Incentives and Government Programs Incentives and Government Programs Government Procurement Government Procurement Trade Laws Trade Laws Tariff and Nontariff Barriers (see Exhibit 5-1) Tariff and Nontariff Barriers (see Exhibit 5-1) Embargoes and Sanctions Embargoes and Sanctions Export License Requirements Export License Requirements

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition 8 1. Political Environment - Individual Governments (contd.) Investment Regulations (ownership & financial controls) Investment Regulations (ownership & financial controls) Macroeconomic Policies (governments’ monetary & fiscal policies such as the cost of capital, level of economic growth, rates of inflation & international exchange rates) Macroeconomic Policies (governments’ monetary & fiscal policies such as the cost of capital, level of economic growth, rates of inflation & international exchange rates)

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition 9 2. Political Environment - Social Pressures and Political Risk Social Pressures and Special Interests Social Pressures and Special Interests Managing the Political Environment: Managing the Political Environment: –Expropriation –Confiscation –Nationalization –Domestication Policy/Phase-Out Policy –Countertrade

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition International Agreements G7 (Group of Seven) is an economic policy coordination group made up of political leaders from Canada, England, France, Germany, Italy, Japan, and the United States. G7 (Group of Seven) is an economic policy coordination group made up of political leaders from Canada, England, France, Germany, Italy, Japan, and the United States. G8 (Group of Eight) consists of G7 and Russia. G8 (Group of Eight) consists of G7 and Russia. COCOM (The Coordinating Committee for Multilateral Controls) was founded in 1949 to stop the flow of Western technology to the former Soviet Union; members countries include Australia, Japan and the NATO countries except Iceland. COCOM (The Coordinating Committee for Multilateral Controls) was founded in 1949 to stop the flow of Western technology to the former Soviet Union; members countries include Australia, Japan and the NATO countries except Iceland.

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition International Law and Local Legal Environment International Law (the law of nations) comes from three main sources: International Law (the law of nations) comes from three main sources: –Customs –International treaties –Court decisions Local Legal Systems and Laws Local Legal Systems and Laws –Business Practices and the Legal Systems »Issues of green marketing –Regulations on E-Commerce

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition International Law and Local Legal Environments (contd.) –Types of Legal Systems: »Common Law »Code (written) Law »Islamic Law »Socialist Laws »Civil Law »Commercial Law Cultural Values and Legal Systems: Cultural Values and Legal Systems: –Japan’s population of lawyers is low.

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition International Law and Local Legal Environment (contd.) –In the U.S., emphasis on explicit contracts and a reliance on the legal system is high. –In China, relationships (guanxi) and verbal contracts are important. –In Brazil, Jeitinho is used to find solutions outside the legal system. Planning Ahead Planning Ahead Arbitration and Enforcement Arbitration and Enforcement

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition Issues Transcending National Boundaries ISO 9000 certification has become an essential marketing tool for firms. ISO 9000 certification has become an essential marketing tool for firms. ISO is based on the principle of self – regulation, thereby minimizing surveillance and sanctions. ISO is based on the principle of self – regulation, thereby minimizing surveillance and sanctions. Intellectual Property Protection: Intellectual Property Protection: –TRIPs (Trade-Related Aspects of Intellectual Property Rights) –Patent (first-to-file & first-to-invent principles) –Copyright

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition Issues Transcending National Boundaries (cont) –Trademark (prior-use, first-to-use & first-to-file principles) –Trade Secret –Paris Convention –Berne Convention –European Patent Convention Antitrust Laws of the United States: Antitrust Laws of the United States: –The Sherman Act –The Clayton Act

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition Issues Transcending National Boundaries (contd.) –Extraterritorial application of U.S. antitrust laws –Export Trading Company (ETC) Act of 1982 Foreign Corrupt Practices Act (FCPA) of 1977: Foreign Corrupt Practices Act (FCPA) of 1977: –The FCPA was designed to prohibit the payment of any money or anything of value to a foreign official, foreign political party, or any candidate for foreign political office for purposes of obtaining, retaining, or directing business.

Chapter 5Kotabe & Helsen's Global Marketing Management, Second Edition Issues Transcending National Boundaries (contd.) –The FCPA does not prohibit so called facilitating or grease payments. –Small payments to lower level officials are allowed to expedite the process. –FCPA does not prohibit bribery payments to nongovernmental personnel.

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