国际商法(双语版)
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1.2 The Environment of International Business

A. The economic environment can be very different from one nation to another. Countries are often divided into three main categories: the developed or industrialized countries, the developing countries or emerging economies and the least developed countries or third world. These distinctions are usually made on the basis of per capita gross domestic product (GDP)Per Capita GDP(国内生产总值):指一国在一定时期内(通常为一年)生产的按市场价格计算的商品和劳务总值的按人口平均值。人均国民生产总值是衡量一国经济发展水平的重要指标。. Better education, infrastructure, technology, health care, and so on are also often associated with higher levels of GDP.

Within each category there are major variations, but overall the developed countries generally have a high per capica GDP, have a high standard of living and are in the later stages of industrialization. They are characterized by advanced technology, modern production and management methods, and advanced research facilities. They have diversified economies rather than only dependent on agriculture, oil or mining alone. Today it can be said that many developed countries are entering a postindustrial economy, with declining manufacturing but a growing service sectors. The best examples of developed countries may include the United States, Canada, the European Nations, Australia, New Zealand, Israel and Japan. The developing countries usually have a lower per capita GDP than developed countries. According to a system used by the World Bank, a developing countries is one with a per capita GDP of $ 11,905 or less. Many have large agrarian populations, densely populated cities, and unskilled labor. However, the typical developing country is hard to describe. Some rely almost only on oil exports such as the oil-dependent countries of the Middle East, although wealthy but are still considered developing countries. Some are newly emerging economiesNewly Emerging Economies:新兴经济体。指经济发展迅速、有发展潜力的发展中国家。一般认为,第一梯队为中国、巴西、印度、俄罗斯和南非,也称“金砖国家”;第二梯队包括墨西哥、韩国、南非、菲律宾、土耳其、印度尼西亚、埃及等“新钻”国家。 like China据中国国家统计局2016年1月19日公布的经济数据显示,2015年中国全年国内生产总值(GDP)67.67万亿元,在世界排名第二,仅次于美国。然而人均GDP为5.2万元,约合8016美元,与美国、日本、德国、英国等发达国家3.7万美元以上的水平仍有很大差距。, Brazil, Indian, Russia and South Africa. The least developed countries (LDCs) are the world's most impoverished and vulnerable countries. The criteria is based on per capita GDP averaged over three years. As of 2015, a least developed country is one with a per capita GDP of $ 1035 or less. Currently, the list of LDCs covers 48 countries including Laos, Afghanistan, Bangladesh and so on.

In addition to level of economic development, countries can be classified as free-market, centrally planned, or mixed. Free-market economies are those where government intervenes minimally in business activities, and market forces of supply and demand are allowed to determine production and prices. Centrally planned economies are those where the government determines production and prices based on forecasts of demand and desired levels of supply. Mixed economies are those where some activities are left to market forces and some, for national and individual welfare reasons, are government controlled. In the late twentieth century there has been a substantial move to free-market economies, but some countries remained largely centrally planned economies, and some government maintained control of business activities.

Clearly the level of economic activity combined with education, infrastructure, as well as the degree of government control of the economy, affect virtually all aspects of doing business, and a company needs to understand this environment if it is to operate successfully internationally.

B. The political environment is another important aspect of international business environment. It refers to the type of government, the government relationship with business, and the political risk in a country. Doing business internationally thus implies dealing with different types of governments, relationships, and levels of risk.

There are many different types of political systems, for example, multi-party democracies, one-party states, constitutional monarchies, dictatorships (military and nonmilitary). Also, governments change in different ways, for example, by regular elections, occasional elections, death or war. Government-business relationships also differ from country to country. Business may be viewed positively as the engine of growth, or may be viewed negatively as the exploiter of the workers, or somewhere in between as providing both benefits and drawbacks. Specific government-business relationships can also vary from positive to negative depending on the type of business operations involved and the relationship between the people of the host countryHost Country(东道国):一般指国际直接投资的所在国。 and the people of the home countryHome Country(母国):一般指国际直接投资的来源国。. To conduct a business successfully in a foreign country, a company needs to have a good understanding of all of these aspects of the political environment.

C. The cultural environment is one of the critical components of the international business environment. It seems more difficult to understand the cultural environment, because the cultural environment is essentially unseen. The “culture” has been described as a shared, commonly held body of general beliefs and values that determine what is right for one group. National culture is described as the body of general beliefs and values that are shared by a nation. Beliefs and values are generally seen as formed by factors such as history, language, religion, geographic location, government, and education; thus firms begin a cultural analysis by seeking to understand these factors.

Companies need to understand what beliefs and values they may find in countries where they do business. In fact, a number of models of cultural values have been proposed by scholars. The most well-known is that developed by Hofstede in 1980. This model proposes four dimensions of cultural values including individualism versus collectivism, uncertainty avoidance, power distance and masculine versus feminality此处讨论的是“霍夫斯坦德的国家文化模型”理论。吉尔特·霍夫斯坦德(Geert Hofstede)是荷兰文化协会研究所所长,他在问卷调查数据的基础上,撰写了著名的《文化的结局》一书。在此书中,霍夫斯坦德认为:文化是在一个环境中具有相同的教育和生活经验的许多人所共有的心理程序。这种心理程序在不同群体、区域或国家存在差异。这种文化差异可分为四个维度:权力距离(power distance),不确定性避免(uncertainty avoidance),个人主义与集体主义(individualism versus collectivism)以及男性度与女性度(masculine versus feminality)。. Individualism is the degree to which a nation values and encourages individual action and decision making. Uncertainty avoidance is the degree to which a nation is willing to accept and deal with uncertainty. Power distance is the degree to which a national accepts and sanctions differences in power. And masculinity is the degree to which a nation accepts traditional male values or traditional female values.权力距离指在一个组织当中,权力的集中程度和领导的独裁程度,以及一个社会在多大的程度上可以接受组织当中这种权力分配的不平等,在企业当中可以理解为员工和管理者之间的社会距离;不确定性避免意指不同民族、国家或地区,防止不确定性的迫切程度是不一样的。相对而言,在不确定性避免程度低的社会当中,人们普遍有一种安全感,倾向于放松的生活态度和鼓励冒险的倾向。而在不确定性避免程度高的社会当中,人们则普遍有一种高度的紧迫感和进取心,因而易形成一种努力工作的内心冲动。例如,日本是不确定性避免程度较高的社会。“个人主义”是指一种结合松散的社会组织结构,其中每个人重视自身的价值与需要,依靠个人的努力来为自己谋取利益;“集体主义”是指一种结合紧密的社会组织。男性度与女性度即社会上居于统治地位的价值标准。对于男性社会而言,居于统治地位的是男性气概,如自信武断,进取好胜,对于金钱的索取,执着而坦然;而女性社会则完全与之相反。 This model of cultural values has been used extensively because it provides data for a wide array of countries. Many academics and managers found this model helpful in exploring management approaches that would be appropriate in different cultures. For example, in a nation that is high on individualism (such as the U.S.A.), individual goals, individual tasks, and individual reward systems to be effective, whereas the reverse would be the case in a nation that is low on individualism.

D. The competitive environment can also change from country to country. This is partly because of the economic, political, and cultural environments; these environmental factors help determine the type and degree of competition that exists in a given country. Competition can come from a variety of sources. It can be public or private sector, come from large or small organizations, be domestic or global, and stem from traditional or new competitors.

The nature of competition can also change from place to place: competition may be encouraged or discouraged in favor of cooperation; relations between buyers and sellers may be friendly or hostile; barriers to entry and exit may be low or high; regulations may permit or prohibit certain activities.

An important aspect of the competitive environment is the level and acceptance of technological innovations in different countries. The last decades of the twentieth century saw major advances technology, and this is continuing in the twenty-first century. Technology often is seen as giving firms a competitive advantage; hence, firms compete for access to the newest technology, and international firms transfer technology to be globally competitive. It is easier than ever for even small businesses to have a global presence thanks to the internet, which greatly expands their exposure, their market, and their potential customer base. For economic, political, and cultural reasons, some countries are more accepting of technological innovations, others less accepting. To do international business effectively, companies need to understand these competitive issues and assess their impact.