Legal Risks and Considerations in International Business
Risks of Doing Business in a Foriegn Country
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Table of ContentsWhat are the legal risks associated with carrying on international business?Governing Laws Enforcing Legal Rights Political Stability Discussion QuestionPractice QuestionAcademic Research
What are the legal risks associated with carrying on international business?
The competitive risks associated with carrying on business in a foreign market are numerous. For example, understanding the foreign market, communicating in a foreign language, and understanding the competitive environment can be extremely difficult. Important for this chapter, the legal risks associated with carrying on international business can be extensive. The following are examples of legal risks businesses commonly encounter:
What laws control business agreements? Contracts often employ some amalgam of contract laws from each country. Does the foreign country recognize and protect intellectual property rights? What are the legal hurdles in the importation process? What tariffs, duties, customs processes, etc., apply to the importation of goods? What labor laws apply to operations?
Enforcing Legal Rights
How does one enforce legal agreements or ones property rights? Foreign court systems have varying methods of enforcing ones rights. The legal system may be difficult to navigate or unavailable to foreigners. Is there a risk of expropriation or nationalization of business assets?
Is there a risk of political overturn, war, etc., that could disrupt business operations. This includes the potential for expropriation or nationalization of the companys resources.
This list is by no means exhaustive. Operating in a foreign market may give rise to any sort of specific legal barrier or hurdle for foreign entities.
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Can you think of other legal risks that may present themselves when doing business in a foreign country? How do these risks compare to other risks, such as the foreign competitive environment?
ABC Corp is considering expanding its US-based operations into China. Can you identify some of the legal risks that ABC Corp will face in its expansion?