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    1. QUESTION

    Details:
    International laws exert a significant influence on the conduct of business. For example, even when intellectual property has been protected in one nation, other nations may not respect the protection. Further, the sharing of information between governments raises significant questions for companies doing business in multiple nations. In this assignment, you will address legal concerns associated with international business endeavors.

    General Requirements:

    Use the following information to ensure successful completion of the assignment:

    This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.
    Doctoral learners are required to use APA style for their writing assignments. The APA Style Guide is located in the Student Success Center.
    This assignment requires that at least two additional scholarly research sources related to this topic, and at least one in-text citation from each source be included.
    You are required to submit this assignment to Turnitin. Refer to the directions in the Student Success Center.
    Directions:

    Write a paper (750-1,000 words) in which you address legal concerns associated with international business endeavors. Include the following in your paper:

    A discussion of the primary legal concerns relating to the conduct of international business. What are the primary concerns? How can business leaders mitigate these concerns?
    A discussion of the potential legal issues associated with the sharing of information by governments. How does this sharing influence the conduct of business by multi-national companies? How should business leaders respond?
    A discussion of when to engage legal counsel with regard to issues of international business law.

     

 

Subject Business Pages 5 Style APA

Answer

International Business Law

The effects of technological advancements in the world of business cannot be overemphasized. Every year many companies extend their presence to other regions outside their contemporary country of origin. This is because global trading opens up the corporation to brand new opportunities and brand new markets which correspondingly leads to an expansion of the market share as well as increase in revenue and profits (Bloch, 2018). Companies are taking on international business endeavors. When such a venture is undertaken there are risks that are attached because every country has its own laws and rules with respect to the running of a business as per the prevailing circumstances therein. It is important for companies to count the cost and consider the risks that are associated with an international business endeavor so as to put in place mitigating strategies.

First and foremost running an international business means that the company must comply with all the relevant domestic laws (Markgraf, 2018). Towards that end the company must ensure that the business is recognized in the all the countries in which they operate. Doing the contrary is illegal. When a company extends its presence to a new country, it must “register the appropriate business structure” in accordance with the company laws of that region (Linkilawyer, 2018, pg. 1). Similarly if the company engages staff in that new country, it must be keen to comply with the relevant employment laws of the country. This is in fact inevitable because running an international business means that staff will be engaged in various locations (Markgraf, 2018). Employment laws are not the same, they differ from one jurisdiction to another and they are usually scrupulously applied by the local authorities (Markgraf, 2018). This concern can be alleviated when the company operates in compliance with the underpinned employment laws of the various countries.

Another legal concern is the issue of corruption. Corruption is still prevalent in most countries in the world. This issue has specifically been addressed in a number of international statutes including the UN Convention against Corruption (2003) which calls for nations to “criminalize the offering or giving of a bribe or undue advantage to a public official” as well as money laundering (Schaffer, Agusti & Dhooge,  2017, pg. 38). However regardless of all these stringent underpinnings, corruption remains culturally accepted in some countries. If a company engages in corrupt practices in a foreign country, it may be off the hook in that country but is can still be guilty of illegal action under the U.S Foreign Corrupt Practices Act (U.S Foreign Corrupt Practices Act, 1977). The company must therefore strive to conduct their business in an ethical in order to thrive in international business.

Another legal issue that arises is with respect to protection of intellectual property. The protection of intellectual property is a central tenet in any organization that thrives on creativity and innovation. Many companies that opt to globalize their business are technology companies. The challenge of protection of intellectual property mostly comes about when for instance items that have been patented in the U.S. are manufactured in factories outside the country.  Many tech companies prefer manufacturing their goods in China because of the low production cost. It is argued that there is widespread violation and ineffective implementation of the law in China when it comes to intellectual property protection (Husch Blackwell, 2018). Additionally even though the products may be patented in the U.S. intellectual property matters that arise in China are handled in China in compliance with Article 2(4) of the UN Charter (UN Charter, Article 2). Therefore in order to alleviate this challenge companies must patent their products in the country of origin as well as in the country where the products are being manufactured.

In the recent past governments have been demanding for information held by the private sector (Rubinstein, Nojeim & Lee, 2014). Governments have been demanding for unsupervised access to private sector databases (Rubinstein, Nojeim & Lee, 2014).The government has the right to access data and personal information because they have the responsibility of performing audits as well as securing the country from negative elements. The challenge comes about when there is sharing of information by governments. This sharing influences the conduct of business by multi-national companies to the extent that trade secrets may even be leaked in the process. Corporations have been very concerned about the impact of this sharing on privacy matters. For this reason, in some countries such as Germany, Canada and the U.K, government proposal to access information held by corporations has been rejected (Rubinstein, Nojeim & Lee, 2014). Corporations should be keen to ensure that the demand for private information by companies is lawful.

When the company is in the process of making the decision regarding engagement in international business be it by setting shop in another country or manufacturing products in another country, the company ought to engage legal counsel with regard to issues of international business law. Individuals may not be fully conversant with International business law. It is logical to involve legal counsel from the onset as opposed to engaging them when a crisis arises. At this initial point legal counsel will provide guidance regarding steps that can be taken to ensure compliance with both international laws and domestic laws of the respective countries.

The effects of technological advancements in the world of business cannot be overemphasized. It has led to an increase in global trading. This however comes with various risks. . It is important for companies to count the cost and consider the risks that are associated with an international business endeavor so as to put in place mitigating strategies.

References

Bloch, R. (2018). Taking Your Business Global- How to Begin. The Hartford Business Owners Playbook. Retrieved from

https://www.thehartford.com/business-playbook/international-business-issues

Husch Blackwell LLP. (2018). Top eight legal issues regarding entering the China market. Retrieved from

https://www.huschblackwell.com/newsandinsights/top-eight-legal-issues-regarding-entering-the-china-market

Linkilawyer. (2018). Legal Issues To Be Aware Of When Running An International Business. Retrieved from

http://linkilaw.com/blog/running-an-international-business

Markgraf, B. (2018). Legal & Ethical Issues in International Business Expansion. Chron. Retrieved from

http://smallbusiness.chron.com/legal-ethical-issues-international-business-expansion-68066.html

Rubinstein, I., S., Nojeim, G., T., & Lee, R, D. (2014). Systematic government access to personal data: a comparative analysis. International Data Privacy Law, 4(2), pp. 96-119. Retrieved from

https://doi.org/10.1093/idpl/ipu004

Schaffer, R., Agusti, F., & Dhooge, J., L. (2017).  International Business Law and Its Environment. Cengage Learning.

U.S Foreign Corrupt Practices Act, 1977

United Nations. (1945). Charter of the United Nations and Statute of the International Court of Justice. New York: United Nations, Office of Public Information.

 

 

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