Political and Legal Systems in Business
Political and Legal Systems in Business
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MODULE 4
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GE Elec 101 - The Entrepreneurial Mind | Module 4
Lesson 1 | Political and Legal Systems in National Environments
Lesson 2 | Government Intervention and Regional Economic Integration
Discussion:
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regulations. Gradual change is easier for the firm to accommodate; sudden change is harder to deal Page | 3
Political Systems
The world is characterized by three major types of political systems: totalitarianism, socialism,
and democracy. These categories are not mutually exclusive.
Totalitarianism
Well-known totalitarian states from the past include Nazi Germany (1933–1945), Spain (1939–
1975), China (1949–1980s), and the Soviet Union (1918–1991). Under totalitarianism, the state
attempts to regulate most aspects of public and private behavior. A totalitarian government seeks to
control not only all economic and political matters but also the attitudes, values, and beliefs of the
citizenry. Totalitarian states are generally either theocratic (religion-based) or secular (non religion-
based). Usually there is a state party led by a dictator, such as Kim Jong-un in North Korea. Party
membership is mandatory for those seeking to advance within the social and economic hierarchy.
Power is maintained by means of secret police, propaganda disseminated through state-
controlled mass media, regulation of free discussion and criticism, and the use of terror tactics.
Today, numerous states exhibit elements of totalitarianism, particularly in Africa, Asia, and the
Middle East. Several countries are controlled by heads of state with substantial dictatorial powers,
such as Omar al-Bashir in Sudan, Emomali Rahmon in Tajikistan, and Nicolas Maduro in Venezuela.
Socialism
Socialism’s fundamental principle is that capital and wealth should be vested in the state and
used primarily as a means of production rather than for profit. Socialism is based on a collectivist
ideology. Collective welfare of people is seen to outweigh the welfare of the individual. Socialists
argue that capitalists receive a disproportionate amount of society’s wealth relative to workers. They
believe that in a capitalist society, the pay of workers does not represent the full value of their labor.
They argue government should control the basic means of production, distribution, and commercial
activity.
Socialism has manifested itself in much of the world as social democracy and has been most
successful in Western Europe. It has also played a major role in the political systems of large
countries such as Brazil and India. It remains a viable system in much of the world. Social democratic
governments frequently intervene in the private sector and in business activities, as in Italy and
Norway.
Democracy
Democracy is characterized by two major features:
1. Private Property Rights. Individuals can own property and assets and increase one’s asset
base by accumulating private wealth. Property includes tangibles, such as land and buildings, as well
as intangibles, such as stocks, contracts, patent rights, and intellectual assets. Democratic
governments devise laws that protect property rights. People and firms can acquire property, use it,
buy or sell it, and bequeath it to whomever they want. These rights are important because they
encourage individual initiative, ambition, and innovation as well as thrift and the desire to accumulate
wealth. People are less likely to have these qualities if there is uncertainty about whether they can
control their property or profit from it.
2. Limited Government. The government performs essential functions that serve all citizens.
These include national defense; maintenance of law and order and diplomatic relations; and
constructing and maintaining infrastructure such as roads, schools, and public works. State control and
intervention in the economic activities of private individuals or firms is minimal. By allowing market
forces to determine economic activity, the government ensures that resources are allocated with
maximal efficiency.6
Under democracy, the individual pursuits of people and firms are sometimes at odds with equality
and justice. Because people have differing levels of personal and financial resources, each performs
GE Elec 101 - The Entrepreneurial Mind | Module 4
Lesson 1 | Political and Legal Systems in National Environments
Lesson 2 | Government Intervention and Regional Economic Integration
with varying degrees of success, leading to inequalities. Critics of pure democracy argue that when Page | 4
these inequalities become excessive, government should step in to correct them. Each society
balances individual freedom with broader social goals. In democracies such as Japan and Sweden,
the democracy’s rights and freedoms are construed in larger societal terms rather than on behalf of
individuals.
Virtually all democracies include elements of socialism, such as government intervention in the
affairs of individuals and firms. Socialism emerges because of abuses or negative externalities that
occur in purely democratic or capitalistic systems.
Many countries, including Australia, Canada, the United States, and those in Europe, are best
described as having a mixed political system—characterized by a strong private sector and a strong
public sector, with considerable government regulation and control.
Legal systems provide a framework of rules and norms of conduct that mandate, limit, or permit
specified relationships among people and organizations and provide punishments for those who
violate these rules and norms. Laws require or limit specific actions while empowering citizens to
engage in others, such as entering into contracts and seeking remedies for contract violations. Legal
systems are dynamic, they evolve over time to represent each nation’s changing social values and the
evolution of their social, political, economic, and technological environments.
In countries with well-developed legal systems, such as Australia, Canada, Japan, the United
States, and most European countries, laws are widely known and understood. In such countries, laws
are effective and legitimate because they are:
1. applied to all citizens equally;
2. issued through formal procedures by recognized government authorities; and,
3. enforced systematically and fairly by police forces and formally organized judicial bodies.
In these countries, a tradition of law exists in which citizens consistently respect and follow the
rule of law. Rule of law refers to a legal system in which rules are clear, publicly disclosed, fairly
enforced, and widely respected by individuals, organizations, and the government. International
business flourishes in societies where the rule of law prevails. In the United States, for example, the
Securities and Exchange Act encourages confidence in business transactions by requiring public
companies to disclose their financial indicators to investors frequently. In the absence of the rule of
law, firms must contend with great uncertainty, and economic activity can be impeded.
Common Law also known as case law, common law is a legal system that originated in England
and spread to Australia, Canada, the United States, and former members of the British
Commonwealth. The basis of common law is tradition, previous cases, and legal precedents set by
the nation’s courts through interpretation of statutes, legislation, and past rulings. The national
legislature in common-law countries (such as Parliament in Britain and Congress in the United States)
holds ultimate power to pass or amend laws. In the United States, because the constitution is difficult
to amend, the Supreme Court and even lower courts have much flexibility to interpret the law.
Common law is more flexible than other legal systems because it is more open to interpretation by
courts. Judges in a common-law system have substantial power to interpret laws based on the unique
circumstances of individual cases.
Civil Law also known as code law, civil law is found in France, Germany, Italy, Japan, Turkey, and
Latin America. Its origins go back to Roman law and the Napoleonic Code. Civil law is based on an all
-inclusive system of laws that have been codified; the laws are clearly written and accessible. It is
divided into three codes: commercial, civil, and criminal. Civil law is considered complete as a result
of catchall provisions found within the law. Rules and principles form the starting point for legal
reasoning and administering justice. The codified rules emerge as specific laws and codes of conduct
produced by a legislative body or some other supreme authority.
A key difference between the two systems is that common law is primarily judicial in origin and
based on court decisions, whereas civil law is primarily legislative in origin and based on laws passed
by national and local legislatures. In reality, common law systems generally contain elements of civil
law and vice versa. The two systems complement each other, and countries that employ one also
tend to employ some elements of the other.
Religious Law is a legal system which strongly influenced by religious beliefs, ethical codes, and
moral values viewed as mandated by a supreme being. The most important religious legal systems
are based on Hindu, Jewish, and Islamic law. Among these, the most widespread is Islamic law, found
mainly in the Middle East and North Africa. In addition to these areas, other countries with substantial
populations of Muslims (followers of Islam) include India (about 175 million Muslims), Indonesia (205
million), Nigeria (75 million), and Pakistan (180 million).
Islamic Law also known as the shariah, is based on the Qur’an, the holy book of Muslims, and
the teachings of the Prophet Mohammed. Adherents generally do not differentiate between religious
and secular life. Islamic law governs relationships among people, between people and the state, and
between people and a supreme being. It spells out norms of behavior regarding politics, economics,
banking, contracts, marriage, and many other social issues. Thus, Islamic law might be said to
encompass all possible human relationships. Because it is seen as divinely ordained, it is relatively
static and absolute. Unlike other legal systems, it evolves very little over time.
Most Muslim countries currently maintain a dual system, in which both religious and secular
courts coexist. Other countries with large Muslim populations, such as Indonesia, Bangladesh, and
Pakistan, have secular constitutions and laws. Turkey, another country with a majority Muslim
GE Elec 101 - The Entrepreneurial Mind | Module 4
Lesson 1 | Political and Legal Systems in National Environments
Lesson 2 | Government Intervention and Regional Economic Integration
population, has a strongly secular constitution. Saudi Arabia and Iran are unusual in that religious Page | 6
Sources: Economist, “Your Mine is Mine,” September 3, 2011, [Link]; Sergio Manaut,
“The Pain in Spain,” Latin Trade, May/June, 2013, pp. 30–31; Robert Wade and Silla Sigurgeirsdottir,
“Iceland’s Rise, Fall, Stabilisation and Beyond,” Cambridge Journal of Economics 36, No. 1 (2012),
pp. 127–144.
French farmers, who believe these firms represent U.S. agricultural policies and globalization, which Page | 7
Terrorism
Terrorism is the threat or actual use of force or violence to attain a political goal through fear,
coercion, or intimidation. It is sometimes sponsored by national governments. Terrorism has escalated
in much of the world, as exemplified by attacks in France, India, the Philippines, Spain, the United
Kingdom, and the United States, as well as various countries in the Middle East. In addition to causing
loss of life, terrorism can severely damage commercial infrastructure and disrupt business activities. It
induces fear in consumers, who reduce their purchasing, potentially leading to economic recession.
The transportation and retailing industries are particularly affected.
Firms generally employ any of three approaches for resolving international disputes.
1. Conciliation is the least adversarial method. It is a formal process of negotiation with the
objective to resolve differences in a friendly manner. The parties in a dispute employ a conciliator, who
meets separately with each in an attempt to resolve their differences.
2. Arbitration is a process in which a neutral third party hears both sides of a case and decides in
favor of one party or the other, based on an objective assessment of the facts. Compared to litigation,
arbitration saves time and expense while maintaining the confidentiality of proceedings.
3. Litigation is the most adversarial approach and occurs when one party files a lawsuit against
another to achieve desired ends. Litigation is most common in the United States; most other countries
favor arbitration or conciliation.
Source: Authorized adaptation from the United States edition, entitled International Business: The New Realities, Fourth Edition,
ISBN 978-0-13-432483-8 by S. Tamer Cavusgil, Gary Knight and John R. Riesenberger, published by Pearson Education ©
2017.
GE Elec 101 - The Entrepreneurial Mind | Module 4
Lesson 1 | Political and Legal Systems in National Environments
Lesson 2 | Government Intervention and Regional Economic Integration
2. Mighty Tobacco
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3. ABS-CBN Franchise
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1. What are the issues of integrity, ethics and law posed in the case study? Page | 9
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2. What options does the country have, and what should it do and why?
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2. What options does the soft drink company and the government of India have, and what
should they do and why?
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Source: [Link]
GE Elec 101 - The Entrepreneurial Mind | Module 4
Lesson 1 | Political and Legal Systems in National Environments
Lesson 2 | Government Intervention and Regional Economic Integration
Defensive Rationale
Protection of the National Economy. Proponents argue that firms in advanced economies cannot
compete with those in developing countries that employ low-cost labor. Protectionists demand trade
GE Elec 101 - The Entrepreneurial Mind | Module 4
Lesson 1 | Political and Legal Systems in National Environments
Lesson 2 | Government Intervention and Regional Economic Integration
barriers to curtail the import of low-priced products. The action is intended to protect jobs and ensure Page | 12
higher wages for workers in advanced economies. However, protectionism defies the principle of
comparative advantage, which implies that nations should engage in more international trade, not less.
Trade barriers interfere with country-specific specialization of labor. When countries specialize in the
products they can produce best and then trade for the rest, they perform better. They deliver superior
living standards to their citizens. Blocking imports can reduce the availability and increase the cost of
products sold in the home market. Protectionism can trigger retaliation. This results in foreign
governments imposing their own trade barriers, which reduces sales prospects for exporters.
Protection of an Infant Industry. In an emerging industry, companies are often inexperienced and
lack the latest technologies and know-how. They also may lack the large size typical of competitors in
established industries abroad. A very young industry may need temporary protection from foreign
competitors. A government may impose temporary trade barriers on foreign imports to ensure that
young firms gain a large share of the domestic market. Protecting infant industries has allowed some
countries to develop a modern industrial sector. For example, government intervention allowed Japan
and South Korea to become dominant players in the global automobile and consumer electronics
industries. The U.S. government imposed tariffs on the import of inexpensive Chinese-made solar
cells to protect the emerging U.S. solar power industry. Once in place, however, such protection may
be hard to remove. Industry owners and workers tend to lobby to preserve government protection.
Infant industries in many countries (especially in Latin America, South Asia, and Eastern Europe)
have shown a tendency to remain dependent on government protection for many years. Protected
companies are often less efficient than unprotected firms that compete in free markets. Faced with
few or no competitors, protected companies may produce lower quality products or charge higher
prices for them, which can harm domestic consumers.
National Security. Countries impose trade restrictions on products viewed as critical to national
defense and security. These include military technology and computers that help maintain domestic
production in security-related products. For example, Russia blocked a bid by German engineering
giant Siemens to purchase the Russian turbine manufacturer OAO Power Machines, on grounds of
national security. The Russian government has strict legislation that limits foreign investment in
sectors considered vital to Russia’s national interests. Countries may also impose export controls,
government measures intended to manage or prevent the export of certain products or trade with
certain countries. For example, many countries prohibit exports of plutonium to North Korea because
it can be used to make nuclear weapons. The United States generally blocks exports of nuclear and
military technology to countries it deems state sponsors of terrorism, such as Iran and Syria.
National Culture and Identity. Should foreign entities, say the Japanese or the Saudis, be allowed
to purchase national landmarks such as the Eiffel Tower or Rockefeller Center? In most countries,
certain occupations, industries, and public assets are seen as central to national culture and identity.
Governments may impose trade barriers to restrict imports of products or services seen to threaten
such national assets. In the United States, authorities opposed Japanese investors’ purchase of the
Seattle Mariners baseball team because it is viewed as part of the national heritage. France does not
allow significant foreign ownership of its TV stations because of concerns about foreign influence on
French culture.
Offensive Rationale
National Strategic Priorities. Government intervention sometimes aims to encourage the
development of industries that bolster the nation’s economy. It is a proactive variation of the infant
industry rationale and related to national industrial policy. Countries with many high-tech or high value
-adding industries, such as information technology, pharmaceuticals, car manufacturing, or financial
services, create better jobs and higher tax revenue. Countries with low-tech or low value-adding
industries, such as agriculture, textile manufacturing, or discount retailing create lower value jobs and
less tax revenue. Governments in Germany, South Korea, and numerous other countries have
devised policies that promote the development of relatively desirable industries. Such governments
may provide financing for investment in high-tech or high value–adding industries. They may
encourage citizens to save money to en- sure a steady supply of loanable funds for industrial
investment. These loans enable funding for public education to provide citizens the skills and flexibility
they need to perform in key industries.
Increasing Employment. Governments often impose import barriers to protect employment in
designated industries. Insulating domestic firms from foreign competition stimulates national output,
leading to more jobs in the protected industries. The effect is usually strongest in import-intensive
industries that employ much labor. For example, the Chinese government has traditionally required
GE Elec 101 - The Entrepreneurial Mind | Module 4
Lesson 1 | Political and Legal Systems in National Environments
Lesson 2 | Government Intervention and Regional Economic Integration
foreign companies to enter its huge markets through joint ventures with local Chinese firms. This Page | 13
policy creates jobs for Chinese workers. A joint venture between Shanghai Automotive Industry
Corporation (SAIC) and Volkswagen created jobs in China.
Page | 14
The second level of regional integration is the customs union. It is similar to a free trade area
except that member states harmonize their external trade policies and adopt common tariff and
nontariff barriers on imports from nonmember countries. MERCOSUR, an economic bloc in Latin
America, is an example of this type of arrangement.
In the third stage of regional integration, member countries establish a common market (also
known as a single market), in which trade barriers are reduced or removed, common external barriers
are established, and products, services, and factors of production such as capital, labor, and
technology are allowed to move freely among the member countries. Like a customs union, a
common market also establishes a common trade policy with nonmember countries. The EU is a
common market. It has gradually reduced or eliminated restrictions on immigration and the cross-
border flow of capital.
An economic union is the fourth stage of regional integration, in which member countries enjoy all
the advantages of early stages but also strive to have common fiscal and monetary policies. At the
extreme, each member country adopts identical tax rates. The bloc aims for standardized monetary
policy, which requires establishing fixed exchange rates and free convertibility of currencies among
the member states, in addition to allowing the free movement of capital. This standardization helps
eliminate discriminatory practices that might favor one member state over another. Through greater
mobility of products, services, and production factors, an economic union enables firms within the bloc
to locate productive activities in member states with the most favorable economic policies.
Source: Authorized adaptation from the United States edition, entitled International Business: The New Realities, Fourth Edition,
ISBN 978-0-13-432483-8 by S. Tamer Cavusgil, Gary Knight and John R. Riesenberger, published by Pearson Education ©
2017.
2. What can TelComm management do to minimize the threat of these non-tariff trade and Page | 15
investment barriers?
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Source: Authorized adaptation from the United States edition, entitled International Business: The New Realities, Fourth
Edition, ISBN 978-0-13-432483-8 by S. Tamer Cavusgil, Gary Knight and John R. Riesenberger, published by Pearson
Education © 2017.
2. Do you perceive any ethical concerns in Africa’s use of high tariffs on agricultural goods?
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GE Elec 101 - The Entrepreneurial Mind | Module 4
Lesson 1 | Political and Legal Systems in National Environments
Lesson 2 | Government Intervention and Regional Economic Integration
1. If given a chance, which country you prefer working and living? Why?
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TIMELINE
Let’s be mindful to your deadline. All activities in this module must be submitted on
October 15 to 16, 2022.