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International corporate level strategies
The impact of law in business
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Recommended: International corporate level strategies
International business is risky especially when companies involved play by a different set of rules. Knowing the differences in culture, politics and the primary legal environments of a host country, allows the companies to conduct business and make quality decisions based on the business climate, creating a marketing mix specific to each country and region (CSU, module 3, 2014). Detailed research helps companies create a solid marketing mix, but does not guarantee that the obstacles of payoff’s and bribery won’t hinder the outcome. Below the surface level of many sales negotiations, like those seen in our case study of Boeing and Airbus, are driven not on their marketing mix, quality, reputation or reach, but rather on power, bribery, politics and corruption, which plays a very real role in international business negotiations.
Anti-bribery laws in the U.S. were established to prevent the rampant corruption exhibited in the Airbus case study. Similar anti-corruption laws do not exist in many of the host countries the U.S. does business with. Host county’s laws and regulations take on different forms especially when power, money and politics are involved, manipulating or creating a new set of rules to benefit their own selfish needs. Savvy sales negotiators, like those at Airbus, seek opportunities through loop holes, off shore accounts and large sums of bribery money, to entice country officials or others with the authority to make purchases to commit to Airbus. A more uniform worldwide approach to international laws needs to be adapted, implemented and more importantly enforced, so all companies involved can conduct fair business practices under the same set of rules.
Legal or Illegal who Benefits
Airbus and...
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...d sets the foundation for companies to mitigate disputes through conciliation, arbitration, or, as a last resort, litigation. Most international businesspeople prefer a settlement through arbitration rather than by suing a foreign company (Cateora, Gilly & Graham, 2013). Based on marketing strategy, had Airbus adopted anti bribery laws prior to the many cases in question, the outcome might not be favorable to them. It would not have been in the best interest of Airbus to follow commonly accepted business practices established by the U.S..
Works Cited
Cateora, P., Gilly, M., & Graham, J. (2013). International Marketing 16th edition: New York, N.Y: Mc Graw-Hill Irwin companies, Inc.
Colorado State University-Global Campus. (2010). Case 2-4 - Ethic and Airbus [Blackboard ecourse]. In MKG 400 – International and Multi-Cultural Marketing. Greenwood Village, CO.
Cravens, D. W., & Piercy, N. F. (2009). Strategic marketing (9th ed.). New York, NY: McGraw-Hill Company.
The cons to the argument for saying the Foreign Corrupt Practices Act is obsolete is discussed in the article With Wal-Mart Claims, Greater Attention on a Law by Charlie Savage. In this article Charlie Savage argues that the FCPA has always been a useful tool in stopping corruption but in recent years with companies becoming more globalized other countries gradually adopted similar laws, the United States has started to enforce it more strictly. The dollar amount of fines imposed by the Justice Department and the Securities and Exchange Commission has increased even more, including a record-setting $800 million paid by Siemens in 2008. Enforcement under the act has soared, from just two enforcement actions in 2004 to 48 in 2010. There are currently at least 100 open investigations, specialists estimate.
First, paying bribes and siphoning off millions of dollars from the corporation would eventually lead to the company losing money because building mega projects in politically unstable countries would prove problematic. A sudden regime change would render the contracts useless, as
Lamb, C. W., Hair, J. F., McDaniel, C. D., & Wardlow, D. L. (2009). Essentials of marketing (6th ed.). Cincinnati, Ohio: South-Western College Pub..
McDaniel, C. & Gates, R. (2006). Marketing research (7th ed.). Hoboken, NJ: John Wiley & Sons.
To make a payment in exchange for special consideration where the recipient has a duty to offer equal consideration to all (more commonly referred to as bribery) is morally reprehensible on three distinct grounds. Not only does it violate inherent principles of justice and equality by enabling one to use their wealth in order to attain or reinforce influence, it also provokes the recipient to violate the positional responsibility that they have tacitly agreed to uphold (this duty is therefore contractually binding): namely that he or she will perform their role in a manner that adheres to the rules of the organisation in question. The covert nature of the bribe is also problematic; once a bribe is uncovered, the vitality of the entire organisation is endangered because people will inevitably question the integrity of all prior actions undertaken by the affected institution. I shall argue that bribery is wrong regardless of whether the bribe has any impact upon the actions of the recipient, for the motivation that underlies an action is as important as the action itself. Only when one knows institutional corruption to rife can bribery be deemed common practice; in this case, one has a moral right to violate the duties of their position, for their duties require them to engage in corrupt practise.
Socio- cultural factors consists of language, ethics, religion, values and customer perceptions. It deeply affects t...
Etzel, Michael J., Stanton, Bruce J., Stanton, William J. (2004). Marketing. (13th ed.). Boston: McGraw-Hill.
Cravens, D. W., & Piercy, N. F. (2009). Strategic marketing (9th ed.). New York, NY: McGraw-Hill.
Corruption consists in the illegitimate agreement between a corruptor and a corrupted, in which they abuse of their public power in order to obtain personal benefit. Bribery and corruption is something that has been going on for years. According to Allen, “officials perceive themselves as immune to any penalties for demanding and receiving bribes” which she states that it is one of the main reasons for bribery and corruption in underdeveloped countries. According to Transparency International, an organization committed exclusively to end corruption, three of the most corrupt countries in the world are Somalia, North Korea and Afghanistan. This does not mean that corruption is only seen in underdeveloped countries. In international business, corporate employees often find themselves dealing with corruptors in foreign countries and, in most cases, they will give in.
Bribery is wrong, and it would be almost instinctive to point at the benefits of impartially functioning public servants and incorrupt corporations to our democratic society as justification. However, in this imperfect world where bribery is rife in varying degrees, is it possible to express this notion convincingly? Certainly 'because the UK Bribery Act says so' is far less persuasive to a council planning office in Shanghai than in London, and indeed in compliance with section 7 of the Bribery Act 2010 which relates to commercial offences, it is essential that this question is engaged with on a corporate scale and without assertion through dogma. Accordingly, this essay will argue that elements wrong with bribery are inclusive of both moral and economic considerations. Moreover, in conjunction with international mandates, advent of aggressive legislation such as that of the UK Bribery Act 2010 is representative of global efforts to eliminate bribery. Hence, it follows that bribery can never be considered a normal part of business because it is economically unsustainable in the long term.
Armstrong, G, Adam, S, Denize, S, Kotler, P, 2010, Principles of Marketing 5th Edition, Pearson Australia Group, Frenchs Forest
Reflected in its policies and attitudes toward business are a government's idea of how best to promote the national interest, considering its own resources and political philosophy. A government controls and restricts a company's activities by encouraging and offering support or by discouraging and banning or restricting its activities depending on the government. Here are steps in international law. International law recognizes the right of nations to grant or withhold permission to do business within its political boundaries and control its citizens when it comes to conducting business. Thus, political environment of countries is a critical concern for the international marketer and he should examine the salient political features of global markets they plan to enter.
The existence of bribery and unethical behavior is rampant in the world market and may not change overnight. The question of bribery has been distilled in business literature as a question of ethics. In this situation at the airport with the customs officer, it is important to distinguish between business ethics and personal ethics. In a business ethics situation, the Foreign Corruption Practices Act would prohibit offering any bribe to the custom office – for example to free a shipment of goods that was lost in red tape (Pitman & Sanford, 2006). Most companies also have policies against bribery as well. In this situation, however the main issue at hand is that of personal ethics. When in a situation where your company is unknown and there is no business being conducted, normal business ethics and laws (including FCPA) do not apply only personal ethical standards.
Global Challenge: Building the New Worldwide Enterprise. McGRAW-HILL Book Company Europe. NEELANKAVIL, James P. (2003). International Business Corruption: A Framework of Causes, Effects, and Prescriptions. Hofstra University Press.