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Summary International Business Law

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Summary International Business Law

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  • April 7, 2021
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  • 2020/2021
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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

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