The Political, Legal, and

Regulatory Environments
of Global Marketing

Chapter 5
The Political Environment
• Political Culture
• Nations-States and Sovereignty
• Political Risk
– Causes of Political Risk
– Expressions and Symptoms

• Taxes
• Seizure of Assets
Nations-States and
Sovereignty
• Sovereignty
– Two context
• A country’s stage of development
• The political and economic system in place in the country
• Economies of Individual Nations
– Industrialized
– Newly industrialized
– Developed
• Elements of market and nonmarket systems
– Political power
– Global phenomenon
• Privatization
– Ex. Mexico
Political Risk
• What is Political risk?
• Causes of Political Risk
– Tension between the residents’ and goals and conditions
– Countries and political risk

• Expressions and Symptoms of Political Risk

– Expression
• Ex. Indonesia
– Symptoms
• Threat of civil disorder or ethnic conflict
• Currency depreciation
Taxes
• Governments
– Tax revenues

• VAT taxes
– Value-added tax
– Effect of VAT tax

• Corporate Taxation
– High level of political risk effect
Seizure of Assets
• Expropriation
– Confiscation
– Government

• Nationalization
• Creeping expropriation
– limitations
The Legal Environment
• International Law
– The rules and principles that nation-states consider binding
upon themselves
– Organizations Contributions

• Public international law

– Disputes arising between nations are issues of public
international law
– Sources
Common Law versus Civil
Law
• Private international law
– The body of law that applies to disputes arising from commercial
transactions between companies of different nations
• Civil law country
– One in which the legal system reflects the structural concepts and
principals of the Roman Empire in the sixth century
• Common Law countries
– Many disputes are decided by the reliance on the authority of past
judicial decisions
• Islamic law
– Is a comprehensive code governing Muslim conduct in all areas of
life, including business
Sidestepping Legal Problems:
Important Business Issues
• Jurisdiction
– Refers to a court’s authority to rule on particular types of
controversies arising outside of a nation’s borders or to
exercise power over individuals or entities from different
countries.
• Intellectual Property
– Patents
– Trademarks
– Copyrights
– Piracy
– Counterfeiting
Antitrust and Cartel
• Antitrust laws in the United States and other
countries
• Sherman Act of 1890
– Prohibits certain restrictive business practices, including fixing
prices, limited production, allocating markets, or any other
schemes designed to limit or avoid competition.
• Cartel
– A group of separate companies that collectively sets prices,
controls output, or takes other actions to maximize profits.
Licensing and Trade Secrets
• Licensing
– A contractual agreement in which a licensor allows a
licensee to use patents, trademarks, trade secret,
technology, or other intangible assets in return for royalty
payments or other forms of compensation.
• Trade Secrets
– Are confidential information or knowledge that has commercial
value and is not in the public domain, and for which steps have
been taken to keep it secret
Bribery and Corruption: Legal
and Ethical Issues
• Bribery
– The corrupt business practice of demanding or offering some type
of consideration, typically cash payment, when negotiating a cross
border deal
• Foreign Corrupt Practice Act
– A legacy of the Watergate scandal during Richard Nixon’s
presidency
Conflict Resolution, Dispute
Settlement, and Litigation
• Conflict Resolution
– Discovery
• The process of obtaining evidence to prove claims and determining
which evidence may be admissible in which countries under which
condition
• Alternatives to Litigation for Dispute Settlements
– Arbitration
• A negotiation process that the two parties have, by prior agreements,
committed themselves to using.