International Business Law
Lecture 1:
The business regulation continuum
1. No regulation (Not ideal)
2. Soft law (Set of rules created by an important company)
3. Self-regulation (Your company made rules and you accept them/commit to them)
4. Co-regulation (State, companies collaborate in making rules)
5. Statuses (Acts) (Legislation, written down, used in courts)
Code of Business Principles and Code Policies
Benefits of self-regulations:
Governments Companies Consumers
Lower development costs Reduces need for legislation Clear rules and processes
Lower enforcement costs Level playing field competition Avoids litigation in court
Better compliance Meet stakeholders’ expectations Easy complaint processes
Faster in effect Own enforcement body
Good starting point: soft-law
Conceptual International Business Framework EMEA Countries:
Civil law: lawbooks, statues
Common law: legal system that the state should not have to many power, law is in cases
not lawbooks (Derived from England)
Islamic law: regulations based on beliefs
,Legislative power: power to create laws
Sources of law: places where the law can be found, hierarchy can be used
From strategic management, law has two relevant dimensions:
1. The legal function (legal) is the internal dimensions
2. Regulation, as a factor in the external environment, is the external dimensions
Analysis of the two regulatory environments constitutes a legal situational analysis that
provided input for corporate and functional strategy development processes.
Lobbying: the act of lawfully attempting to influence the actions, policies, or decisions of
government officials, most often legislators or members of regulatory agencies.
,Analyzing Legal:
Business -> Managing Resources -> Profit
Compliance Manager: a professional that keeps the legal and ethical integrity of a company
intact through policy enforcement and program planning. He or she makes sure all
departments of a business are complying with the rules and regulations the company
upholds.
Responsible for:
- Keeping up-to-date with changing laws
- Preparing reports to present
- Detailing laws and how employees of the company are following them
International Business – Multi-level Developments
Aka -> at all levels changes so hard to keep up with
Legal risks:
, SWOT Analysis -> Regulatory Strategy
Lecture 2:
The kingdom of the Netherlands
Four countries: Aruba, Curacao, St Maarten & The Netherlands
Three Municipalities: Bonaire, Sabe, & St Eustatius
The Netherlands is a unitary state: National level of regulation
USA is a federal state: States and Federation regulate
The Netherlands: Organization state (Trias Politica by Montesque)
1. The Legislative
2. The Executive
3. The Judiciary
Kingdom -> Stature (For the whole kingdom)
The Netherlands -> Constitution (Only for the part in EU)
The Netherlands is: a EU Member, Benelux Member, and Signatory to Treaties
(Double taxation, CISG -> Convention)
S.1 Specific
The Netherlands -> Civil Law
Code Civil des Francais (Napoleon) led to -> The Civil Code of The Netherlands
Executive and Legislative overlap because of the right of Initiative by the
Government
Lecture 1:
The business regulation continuum
1. No regulation (Not ideal)
2. Soft law (Set of rules created by an important company)
3. Self-regulation (Your company made rules and you accept them/commit to them)
4. Co-regulation (State, companies collaborate in making rules)
5. Statuses (Acts) (Legislation, written down, used in courts)
Code of Business Principles and Code Policies
Benefits of self-regulations:
Governments Companies Consumers
Lower development costs Reduces need for legislation Clear rules and processes
Lower enforcement costs Level playing field competition Avoids litigation in court
Better compliance Meet stakeholders’ expectations Easy complaint processes
Faster in effect Own enforcement body
Good starting point: soft-law
Conceptual International Business Framework EMEA Countries:
Civil law: lawbooks, statues
Common law: legal system that the state should not have to many power, law is in cases
not lawbooks (Derived from England)
Islamic law: regulations based on beliefs
,Legislative power: power to create laws
Sources of law: places where the law can be found, hierarchy can be used
From strategic management, law has two relevant dimensions:
1. The legal function (legal) is the internal dimensions
2. Regulation, as a factor in the external environment, is the external dimensions
Analysis of the two regulatory environments constitutes a legal situational analysis that
provided input for corporate and functional strategy development processes.
Lobbying: the act of lawfully attempting to influence the actions, policies, or decisions of
government officials, most often legislators or members of regulatory agencies.
,Analyzing Legal:
Business -> Managing Resources -> Profit
Compliance Manager: a professional that keeps the legal and ethical integrity of a company
intact through policy enforcement and program planning. He or she makes sure all
departments of a business are complying with the rules and regulations the company
upholds.
Responsible for:
- Keeping up-to-date with changing laws
- Preparing reports to present
- Detailing laws and how employees of the company are following them
International Business – Multi-level Developments
Aka -> at all levels changes so hard to keep up with
Legal risks:
, SWOT Analysis -> Regulatory Strategy
Lecture 2:
The kingdom of the Netherlands
Four countries: Aruba, Curacao, St Maarten & The Netherlands
Three Municipalities: Bonaire, Sabe, & St Eustatius
The Netherlands is a unitary state: National level of regulation
USA is a federal state: States and Federation regulate
The Netherlands: Organization state (Trias Politica by Montesque)
1. The Legislative
2. The Executive
3. The Judiciary
Kingdom -> Stature (For the whole kingdom)
The Netherlands -> Constitution (Only for the part in EU)
The Netherlands is: a EU Member, Benelux Member, and Signatory to Treaties
(Double taxation, CISG -> Convention)
S.1 Specific
The Netherlands -> Civil Law
Code Civil des Francais (Napoleon) led to -> The Civil Code of The Netherlands
Executive and Legislative overlap because of the right of Initiative by the
Government
