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Sunday, August 15, 2010
International Business Law and Its Environment
Strengths
International Law applies to obligatory relationships between nations in respect to treaties and conventions based on the members acknowledging the fundamental rules that bind them. International Law also trumps Municipal Law and International Tribunals meaning that a law that is made that violates International Law is a breach of the aforementioned agreements of nations abiding by the conventions. An example of this was the execution of Saddam Hussein. He was tried under municipal law in Iraq for violations committed with that nation with ICJ oversight. He was given counsel, granted the ability to produce witnesses in his defense. In this case municipal law did not conflict with International Law in that war-crimes have a severe penalty under both codes of law.
Another benefit that International law offers is a hierarchical structure that allows the referencing of cases based on existing treaties, and agreements along with customs between states. Also, the customs and associated practices of civility and the general principles of law offer more flexibility than that of a civil codified law for parties to resolve issues. The use of bilateral agreements between nations, arbitration, and sanctions are also benefits at the disposal of nations in respect to using international law.
Weaknesses
International Law does have some stark limitations when it comes to full uniformity under the Doctrine of Incorporation which applies international law differently according to the avoidance of conflict of municipal laws. There are certain instances when nations do not honor or acknowledge certain laws and International conventions or treaties. When this occurs, conflicts may occur between states in the forms of sanctions, disputes filed in the ICJ or through the vehicle of war.
On August 8, 2008 Russian troops were on the offensive to occupy the Southern regions of Ossetia and Abkhaz in the country of Georgia. The dispute came about because Russia failed to comply with and uphold the 1992 Treaty of the Settlement of Georgia along with the later ratification of The Cease Fire and Separation of Forces Agreement of 1994 (ICJ 2008). This breach caused Georgia to sue Russia due to these agreements and the ICJ ruled in Georgia's favor due to Russia's spotted history of violating the previous treaties. Article 22 of the convention allowed the International Court of Justice to resolve the case with reference to getting Russia to comply with its obligation. In an effort to avoid destabilizing the region and experiencing possible sanctions from other members of the international community, Russia withdrew its forces. Russia's intent was much like that of the Germans in World War II, to displace the Georgian population within the region and annex the land. Article 5 of the convention allowed the return of displaced persons to return home safely. Also the refugees were allowed to reclaim their property after the crisis and be compensated for damages and losses according to Article 2 paragraph (c) of the (CERD) agreement.
Other abuses of international law have occurred as in the case of the Columbian government's use of the International Red Cross (ICRC) emblem during armed conflict. The commercial use of the emblem in many nations may jeopardize the primary purpose to protect non-combatants and wounded in battle. The misuse of it on aircraft and personnel for military purposes are prohibited under international law. The ICRC finds it a challenge to monitor and enforce the treaty that upholds this agreement without exposing the organization, doctors and nurses as unknowing and unwilling participants of conflict. (Slim 1989)
The Impact of International Law in the Global Business Environment
International Human Rights and Labor Laws established under International Law impact the fundamental policy structure for human resource hiring practices, employee rights, and the obligations of employers to their employees regarding safety and environmental standards. Of course the level of the enforcement of these laws remains an issue in respect to nations such as China and many others. The challenge is developing domestic policies that comply with these international standards. What may be considered acceptable in Germany may be considered elaborate in Sudan or the Republic of Vietnam for instance. Nations may use sanctions as a means to show disdain or objection to these violations. Other nations may decide to dismiss companies and its subsidiaries from their shores due to human rights violations.
Businesses that are functioning within various global markets must also comply with the existing municipal laws of the city, region, territory, state, and or nation in order to operate. Some nations may skirt all of the laws in exchange for more jobs being created with the region. This means that poorer nations that have yet to develop sustainable economies may opt to turn a blind-eye to infractions pertaining to employee abuses, or disposing of environmental waste in ways that could impact the civilian population. The difficulty that many of these nations have is the imbalance in leverage to make serious demands of these larger multinational corporations. In some cases, the corporations make more profits per year than the nation has in the national treasury.
Ethical practices play a major role in how the organization will be received and treated in many parts of the world and therefore a misdeed in one nation may haunt it when attempting to expand into other markets around the world. The recent British Petroleum (BP) oil spill in the Gulf of Mexico is a good example. Depending on how BP manages this crisis can determine how nations in the future will view their role as a responsible global corporate partner. Legal policy decisions must include both International Law and Municipal Law to much like that of the Doctrine of Incorporation (the obligation for compliance) while retaining distinct company policies for effective and efficient operation. International Intellectual Property Law IPR) requires companies to apply security procedures to secure proprietary information and ensure compliance based on the renewal of copyright and patents within the laws and time-frames of each nation based on its requirements. International Humanitarian Law would have to shape policy in respect to protecting assets and personnel. This would mean contingency plans for evacuation policies in the event the government did not honor the fundamental rights outlined in the Geneva Convention.
by James L. Adams ©2010
James Adams is a seasoned professional with over twenty years of industry experience in the areas of Information Technology, Broadcast Media, International Business, Marketing, Public Relations, and Entertainment combined.
James has several years of personal experience as a personal match-maker and informal relationship adviser with a successful track-record. In his twenty plus years in the aforementioned fields, he has mastered the realm of social networking by engaging in topics, and subject matter after extensive research.
International Rating
World Economic Forum (WEF) has just released its 2009 Global Competitiveness Index Report on September 8. Among the 133 economies featured in the report, Taiwan is up 5 positions to the world's 12th -a highest ranking over the recent four years. This year, Taiwan has surpassed Korea to the 4th position in Asia, behind Singapore, Japan, and Hong Kong. Among all the criteria, innovation is one of Taiwan's greatest strengths. This is due to the fact that Taiwan has a solid and comprehensive development in all industries. With a lot of excellent scientists and engineers, and having lots of patent rights, Taiwan is very competitive in this regard. In addition, a close tie between the industry and the academia, an appropriate management of the international logistics and enterprises' emphasis on R&D also account for the sharp competitive edge of Taiwan.
According to Business Environment Risk Intelligence's (BERI) 2010 Risk Assessment on Business Environment, first released in May, Taiwan ranked fourth lowest risk country for investment on business risk assessment for 50 countries around the world rose one notch from its previous rating in December 2009. The BERI report gave Taiwan's business environment a second-best "1B" rating, meaning Taiwan is suitable for investment. Among the three major indexes used by BERI to measure a country's business environment or profit opportunity, Taiwan received its best score of 84 points in the remittance and repatriation index, ranking third in the global rating and second among Asian countries. As Taiwan will sign an economic cooperation framework agreement (ECFA) with China in the near future, the BERI report forecast that Taiwan's 2011 ranking in the political risk index, which comprises external cause, dependence on a hostile major power, negative influence of regional political forces and other factors, will improve from this year's 13th to 12th. In terms of the operations risk index, Taiwan received a score of 67, up one point from the previous rating. Taiwan ranked fifth among the 50 countries assessed in terms of this index, which comprises policy continuity, attitude toward foreign investors, labor cost and productivity, short-term credit, professional services, venture capital and other factors.
According to 2010 IMD World Competitiveness Yearbook, Taiwan has made a dramatic rebound in rankings, jumping to eighth from 23rd in 2009. Taiwan's jump was also the largest recorded among the 58 economies covered in the 2010 IMD rankings. Taiwan's jump in the IMD competitiveness ranking can primarily be attributed to progress in business efficiency and government efficiency. The competitiveness of Taiwan's business sector moved up from 22nd a year ago to third, and government efficiency rose from 18th to sixth, both of which are the best ratings Taiwan has ever received. Moreover, Taiwan's business efficiency got a score of 77.63, only two points lower than the scores of Singapore and Hong Kong. Over time, Taiwan's economic constitution will improve and our competitiveness will be brought to a higher level.
Amid the trend of globalization, many of the world's economies are making efforts to attract foreign investment. The World Bank's Ease of Doing Business index has thus become important reference for both investors who seek international ventures and governments. According to the latest Ease Doing Business 2010 report released on September 9, 2009, Taiwan moves up 15 places from last year to 46th (out of 183) this year-the world's 5th most improved economy. Taiwan gets higher rankings in Starting a Business (11th), Closing a Business (29th), Registering Property (30th), and Trading Across Borders (33rd). It is noteworthy that on Starting a Business, Taiwan makes big progress from 119th position last year to 29th this year, showing that the government's efforts in this area have gained recognition.
Business Environment in Monterrey
Since Monterrey’s foundation in 1596, its inhabitants have had to learn how to adapt to and overcome the cities extreme weather and difficult geography in order to improve trade with the northern and southern parts of Mexico.
Monterrey’s industrialization process was accelerated in 1890 with the establishment of one of the most important companies in the city, Cervecería Cuauhtémoc Moctezuma, an important Mexican brewery; followed by the company Fundidora de Fierro y Acero (steel foundry) in 1900. During that period, those companies represented an important source of work for thousands of people and they supported the creation of new industries. For example, Cervecería Cuauhtémoc Moctezuma, in the need of satisfying its own requirements, founded Vidriera Monterrey (glass), Fábricas Monterrey (cans), Empaques de Cartón Titan (boxes), Grafo Regia (packing), among many others that nowadays holds the grupo FEMSA.
www.femsa.com
Today Nuevo León is the state with the second biggest FDI in Mexico. Monterrey and its metropolitan area play a key role; it contributes 7.5% of the country’s GDP, with a per capita income of 15,975 USD and it produces 10.9% of the country’s manufactured goods. Nuevo León’s main commercial partners include United States, Germany, Canada, France, United Kingdom and Japan.
With more than 60 Industrial Parks in Monterrey and its metropolitan area, the city is home to important companies. Some of the most important national industrial groups are: ALFA, CEMEX, DEACERO, FEMSA, TERNIUM MEXICO, GIMSA, PROEZA, GRUPO QUIMMCO, VILLACERO, VITRO, GRUPO FRISA and XIGNUX. Some of the international groups are: BRITISH AMERICAN TOBACCO, JOHNSON & JOHNSON, AT&T, CATERPILLAR, GE, Y WHIRLPOOL, LG, JOHN DERE, TAKATA, IBM, BRIDGESTONE, VISTEON, etc.
Monterrey conserves a solid economy based on manufacture and Industry. In recent years, Monterrey has taken large steps toward an economy based on knowledge and services. With this in mind, important projects have been undertaken to prompt new development areas related to research, information technologies, aerospace industry, medicine and tourism in the city.
International week for MBA students from EADA business school: “Doing business in Russia” program
The program included the following lectures: “The business environment. Global Economy Impact &Russia”, “Cross-cultural Management”, “Opportunities and Threats to Enter into Russian Industries and Markets” and “Ethics and business. Business and society in modern Russia”.
Also, the students visited the following companies: Nokian Tyres, Lenta, Slotex. The top-managers of successfully developing enterprises shared the practical experience of doing business in Russia and conducted the tours around the companies’ operations departments.
The program was highly evaluated by participants and positive feedback was received:
“Content was very interesting and insightful. It broke my stereotypes in perception of Russia”.
“The program was very well structured – the lectures’ content nicely spilled over the company visits”.
“Highly professional professors and excellent organization – you opened my eyes on the opportunities of doing business in Russia and St. Petersburg”.
Global business must be experienced to be understood
Unlike many schools where international implications often are discussed only at the end of the semester, global issues and experience permeate the business core classes in the International MBA program. The program is designed to expose students to international business issues from the first day of class.
Students entering the IMBA program select the Language Track option, which emphasizes learning the language and culture of a region of the world, or the Global Track, which focuses on the political, economic, and business factors affecting a region of the world. Regardless of the option chosen, all students will pursue the same common core of course work. The core courses emphasize the global aspects of the various functional areas, consistent with the program’s mission to provide students with expertise in the international dimensions of business.
International Business Communication
IBC can be studied as a major in the IBC Master’s Program, or as a minor in any of the HSE Bachelor’s or Master’s Programs.
The IBC Doctoral Program is for those interested in research work in the fields of business and corporate communication.
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