TAMS NOVK Global Business Environment Legal regulatory and

TAMÁS NOVÁK Global Business Environment Legal, regulatory and technological environment, business cycles

Basic issues l Confusion and challenge of international business environment is heightened by – – l Differing laws and regulations in MNCs’ global business operations Impact of these laws and regulations on ability to capitalize on economies of scale and scope MNCs must carefully evaluate legal framework in each market in which they want to do business, before doing so

Four Global Foundations of Law Islamic Law • Derived from interpretation of the Qur’an and teachings of Prophet Muhammad • Found in Islamic countries – Middle East – Central Asia

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

Four Global Foundations of Law Islamic Law Socialist Law Common Law • Comes from English law • Foundation of legal system – United States – Canada – England – Australia – New Zealand

Four Global Foundations of Law Islamic Law Socialist Law Common Law Civil or Code Law • Derived from Roman law • Found in non-Islamic and nonsocialist countries – France – Some Latin American countries – Louisiana in the U. S.

Basic Principles of International Law Sovereignty and Sovereign Immunity An international principle of law which holds that governments have the right to rule themselves as they see fit

Basic Principles of International Law Sovereignty and Sovereign Immunity International Jurisdiction A jurisdictional principle of international law which holds that every country has jurisdiction over its citizens no matter where they are located • Nationality principle • Territoriality principle • Protective principle

Basic Principles of International Law Sovereignty and Sovereign Immunity International Jurisdiction 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

Basic Principles of International Law Sovereignty and Sovereign Immunity International Jurisdiction Act of State Doctrine of Comity Act of State Doctrine A jurisdictional principle of international law which holds that all acts of other governments are considered to be valid by courts, even if such acts are illegal or inappropriate under the host county law.

Basic Principles of International Law Sovereignty and Sovereign Immunity Treatment and Rights of Aliens Act of State Doctrine International Jurisdiction Doctrine of Comity 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 also can deport aliens

Basic Principles of International Law Forum for Hearing and Settling Forum for Sovereignty Hearing and Disputes and Sovereign Settling Disputes Treatment and Rights of Aliens Act of State Doctrine Immunity International Jurisdiction Doctrine of Comity 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

Regulation of Trade and Investment l l l 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 – Tariffs – Restrictive trade regulations

Business Cycle l l The business cycle occurs when economic activity speeds up or slows down. A business cycle is a swing in total national output, income and employment, usually lasting for a period of 2 to 10 years, marked by widespread expansion or contraction in many sectors of the economy.

Business Cycle Q Potential output Business cycles are the irregular expansions and contractions in economic activity. Actual output t (in years)

Three Types of Business Cycle l Economic theory define three types of business cycle: – – – Short-term (Kitchin) cycle: from 2 to 4 years, it results from the changes in business inventories. Medium-term (Jouglar) cycle: from 7 to 11 years, it refers to new business investment. Long-term (Kondratiev) cycle: from 30 to 50 years, it results from the technological innovation.

Business Cycle l A business cycle can be divided into four major phases: – – Recession – the downturn of a business cycle. This is a period in which real GDP declines for at least 2 consecutive quarter-years. Through – the lowest point of real GDP at the end of a recession.

Business Cycle – – Expansion (boom) is a period in which output increases and approaches potential GDP or perhaps even overshoots it. Peak – the point at which recession begins, the highest point in real GDP before a recession.

Business Cycle Theories l We may classify the different theories into two categories: – – The external theories find the root of the business cycles in the fluctuations of something outside the economic system (wars, revolutions, elections, economic policy, migrations, discoveries of new lands and resources). The internal theories look for mechanism within the economic system itself (self-generating business cycles).

Business Cycle Theories l Some of the most important business cycle theories are: – – Neoclassical theories attribute the business cycle to the expansion and contraction of money and credit. Keynesian theories attribute fluctuations to the economic system itself. They think that the macro economy is prone to extended business cycles, with high levels of unemployed resources for long period of time. They further hold that the government can stimulate the economy.

Business Cycle Theories – Political theories of business cycle attribute fluctuations to politicians who manipulate fiscal and monetary policies in order to be reelected.

Technological Environment and Global Shifts in Production l l l l Biotechnology Nanotechnology Satellites Artificial intelligence and embedded learning technology Advancements in computer chip technology Supercomputers E-business – – – Business-to-business (B 2 B) Business to consumer (B 2 C) transactions Financial services (e-cash)

Technological Environment and Global Shifts in Production l l Telecommunications – Wireless or mobile telephone service l Economic growth hampered by poor communication services l Wireless is more affordable than installed phone lines l Some governments recognize the need to privatize this service Technology, outsourcing and offshoring – Technology has reduced and eliminated some work in middle management and white-collar jobs – Global competition has forced some MNCs to outsource jobs to offshore productions (lower labor and other costs) – Emerging technology makes work more portable

Expected Winners in Selected Occupations Computer software engineers, applications 100 Computer support specialists 97 Computer software engineers, systems software 90 Network and computer systems administrators 82 Personal and home care aids 62 Medical assistants -80 -60 -40 -20 52 0 20 40 60 Percentage change for 2000 -2010 80 100

Expected Losers in Selected Occupations Railroad brake, signal, and switch operators Telephone operators -61 -35 Loan interviewers and clerks -28 -80 -60 -26 Meter readers, utilities -25 Farmers and ranchers -20 Order clerks -20 Insurance claims and policy processing clerks -40 -20 0 20 40 60 Percentage change for 2000 -2010 80 100