Chapter Objectives • Describe the major types of legal systems confronting international businesses • Explain how domestic laws affect the ability of firms to conduct international busi
Trang 2Chapter Objectives
• Describe the major types of legal systems confronting international businesses
• Explain how domestic laws affect the
ability of firms to conduct international business
• List the ways firms can resolve
international business disputes
Trang 3Chapter Objectives (continued)
• Describe the impact of the host
country’s technological environment
on international business
• Identify the factors that influence
national accounting systems
• Explain how firms can protect
themselves from political risk
Trang 4The Legal Environment
While domestic firms must follow laws and customs of the home country, international businesses must obey laws of the home country and all host countries.
Trang 5Legal Systems
Religious Law Bureaucratic Law
Trang 6Common Law
• Based on wisdom of judges’
decisions on individual cases through history
• Cases create legal precedents
Trang 7Countries Using Common Law
Trang 8• Reinforced by French Napoleonic code
• Judge determines scope of evidence collected and presented
Trang 9Religious Law
• Based on the officially established
rules governing faith and practice of
a particular religion
• A country that applies religious law
to civil and criminal conduct is called
a theocracy
Trang 11Laws Affecting International Business Transactions
Sanction Embargo Extraterritoriality
Trang 12Laws Directed Against Foreign Firms
Nationalization Expropriation
Confiscation Privatization
Trang 13Economic and Political Impacts of
MNCs on Host Countries
• Advantages
– Greater selection – Higher standards – Job creation
– Tax benefits
– Technology transfers
• Disadvantages
– Competition – Job loss
– Dependency on economic health
of MNC – Political power
Trang 14• Disadvantages
– Abuse of less developed policies
in the areas of safety and
environmental concerns
– Negligent product offerings
Trang 15Dispute Resolution
• Which country’s law applies?
• In which country should the issue be resolved?
• Which technique should be used to resolve the conflict?
• How will the settlement be enforced?
Trang 17Arbitration is the process by which
both parties to a conflict agree to submit their cases to a private individual or body whose decision
they will honor.
Trang 18The Technological Environment
Resources
Agricultural
land
Rich natural resources Skilled
Low-cost labor Infrastructure
Trang 19a firm’s competitive advantage!
Trang 20International Treaties Protecting
Intellectual Property Rights
• International Convention for the
Protection of Industrial Property Rights (i.e., the Paris Convention)
• Berne Convention for the Protection of Literary and Artistic Works
• Universal Copyright Convention
• Trade-Related Intellectual Property
Rights Agreement
Trang 21The Accounting Environment
The Roots of National Differences
• GAAP - Generally Accepted
Accounting Principles
Trang 22Figure 3.1 Influences on a Country's’ Accounting System
Trang 23The Accounting Environment
Differences in Accounting Practices
• Valuation and Revaluation of Assets
• Valuation of Inventories
• Dealing with Tax Authorities
• Use of Accounting Reserves
Trang 24The Accounting Environment
(continued)
Other Differences
• Capitalization of Financial Leases
• Preparation of Consolidated Financial Statements
• Capitalization of Research and
Development expenses
• Treatment of Goodwill
Trang 25The Accounting Environment
(concluded)
Impact of Capital Markets
• International Financial Reporting Standards
Trang 26The Political Environment
Ownership
risk
Transfer risk
Operating
risk
Political Risk
Trang 27• Repatriation
• Currency devaluations
• Increased taxation
Trang 28Levels of Political Risk
Macropolitical
risk
Micropolitical
risk
Trang 29Firms Need to Answer
These Questions
• Is the country a democracy or dictatorship?
• Does the country rely on free market or
government controls?
• Does the government view foreign firms as a positive influence?
• Are the firm’s customers private or public?
• Does the government act arbitrarily?
• Is the existing government stable?
Trang 30Map 3.3 Countries Relative to
Political Riskiness, 2008
Trang 31Insurance Against Political Risks
• Overseas Private Investment
Corporation (OPIC)
• Multilateral Investment Guarantee
Agency (MIGA)
Trang 32All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in
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photocopying, recording, or otherwise, without the prior written permission of the publisher Printed in the United
States of America.