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Does Chinese aid to African countries trigger Chinese foreign direct investment? Bridging the literature on the impact of foreign aid on foreign direct investment (FDI) and that on state ownership, we consider FDI by China's state-owned enterprises (SOEs) compared with that of its privately owned enterprises (POEs) and find FDI by the former is more likely to follow Chinese governmental aid to Africa. Borrowing from institutional theory, we posit that FDI by SOEs follows political imperatives while FDI by POEs pursues market motives. Using data from multiple sources on 3,760 Chinese FDI projects in Africa between 2001 and 2015, we find a correlation between SOE FDI and government aid than that of POEs; that aid has a greater impact on the probability of FDI when the policies of the host country and those of China are in sync, especially in the case of SOEs; and that in low-investment-risk countries the link between aid and investment is weakened, especially in the case of POEs. The results are robust and consistent across different measures and analyses. We contribute to the literature on the relationship between aid and FDI, as well as to that on varieties of capitalism.
This chapter explores how multiple corporate structures in multinational enterprises operating in developing countries, and in Africa in particular, make determinations of responsibility among the members of such corporate families difficult. Specifically, this chapter challenges the assumption that the end of colonial rule and the founding of African states threw off the economic subordination that characterized colonial-era corporate activity in Africa. The end of colonial rule was accompanied by a desire on the part of multinational corporations to re-legitimize their activities in service of the newly independent governments through Africanization, which involved hiring African directors and officers as well as establishing domestic subsidiaries with African directors and officers. These strategies, together with the indigenization policies of post-colonial governments, in part account for the emergence and proliferation of multiple corporate structures in post-colonial African countries. Those complex structures, in turn, facilitate opportunistic behavior by transnational elites and complicate attribution of responsibility in the context of taxes and other financial liabilities.
Modern corporations have increasingly been adopting a decentred, layered, and multi-jurisdictional form as a strategy of boundary manipulation known amongst tax lawyers and accountants as ‘regulatory arbitrage’. The argument we put forward in this article is that the scholarly work that treats these strategies as mere tax avoidance practices has contributed to an underestimation and misrecognition of the way contemporary multinationals operate in markets. These strategies, which we explain in terms of arbitrage power, exploit the difference between exchanges in an imaginary ‘smooth’ market of the economic textbook and a global market that is divided among legal authorities, each imposing their own rules, regulations, and taxations. Arbitrage power exploits differences between the location of market exchange and the location of the registration of property title transfers, combining this with a manipulation of formal systems for recognizing business enterprises in order to escape some or all of the rules and regulations of society. The result is a marked difference between the ‘brochure multinational’, the way multinationals are seen and presented in their glossy brochures, and the way multinationals are legally and practically organized nowadays.
Foreign direct investment (FDI) inflows can lead to more opportunities for women in the job market but may also exacerbate gender disparities. While gender mainstreaming in trade agreements has been extensively discussed over the past few years, demonstrating the need for reform, the discussion on gender mainstreaming in investment treaties is incipient, although extremely interesting. The inclusion of gender provisions in investment treaties is one of the pillars for a successful strategy to overcome gender inequality. It needs to be addressed along with gender policies by multinational enterprises (MNEs) leading the foreign investment process. This chapter aims to address the role of women as levers of change and the opportunity for MNEs to be the drivers of this change. To this end, it reviews the recent evolution of gender provisions in investment agreements and demonstrates how FDI can foment much-needed change by providing examples of actions and policies by MNEs in the Americas towards promoting more opportunities for women.
The chapter uses global poverty as a case study subset of human rights to expand the smart-mix regulation discourse to the field of human rights where there is little legal affirmation of the methods for tackling challenges. It shows how the UN Guiding Principles on Business and Human Rights (UNGPs) exemplify governance reluctance and uncertainties in international human rights law. It argues that, if properly designed, corporate social responsibility (CSR) can potentially address governance gaps for human rights beyond the scope of the UNGPs. The chapter further shows that CSR can be utilised by willing actors for safeguarding rights and combating the unwillingness of powerful political and economic entities to accept the legalisation of business responsibility for human rights.
Risks and uncertainties of increasing severity and variety characterise the operating environments of most multinational enterprises (MNEs). Surprisingly limited attention has been given to understanding the antecedents and nature of risk and uncertainty management capabilities. In this study, we contribute to the organisational capability research, by examining the antecedents of risk and uncertainty management capabilities and theorising how MNEs develop and transfer risk and uncertainty management capabilities across borders. By drawing on empirical evidence from MNEs operating in New Zealand, we conceptualise the role of environmental factors – including country risk profile and regulatory environment – in shaping firms' risk and uncertainty management capabilities. We also inductively theorise about the organisational factors that support the development of risk and uncertainty management capabilities in MNEs, and explain which factors influence their cross-border transferability. Finally, we discuss our study's limitations and offer future research directions.
A cartel is an association of independent businesses for the purpose of regulating trade in an industry. There are three important reasons for studying international cartels: they will become important in the future; they are of immense historical significance; and they are poorly understood. This paper reviews the economic, political, and historical literatures on international cartels and considers the lessons for international business theory and policy. If IB researchers are to retain their reputation for policy-relevance, they must engage with the issue of institutional responses to globalization, and this must include the analysis of cartels.
This contribution discusses business attitudes to human rights obligations and how the United Nations Guiding Principles on Business and Human Rights (UNGPs) have affected them. These are best understood historically through a number of periods. The first, between the mid-1970s and the end of the 1980s, coincides with intergovernmental organization-based codifications relevant to corporate social responsibility. Business representatives were highly defensive towards extensive international legal obligations not only in relation to human rights but to corporate social responsibility (CSR) more generally. This was followed by a period of ‘voluntarism’. By the 1990s, businesses had accepted that there could be a link between their operations and human rights violations but continued to reject binding legal duties. Instead, businesses opted for voluntary codes of conduct based on individual corporate, or sectoral, initiatives. It was out of this period that the UN Global Compact emerged. ‘Voluntarism’ continues into the third period, the era of the UNGPs. The UNGPs can be characterized by ‘institutionalized voluntarism’ achieved through the framework for business and human rights represented by the UNGPs. Each period will be examined followed by a concluding section that considers business attitudes to an emerging fourth period that introduces legal obligations through mandatory due diligence laws.
This study provides new insights into the role of subsidiary managers in the practice of global business models of multinational enterprises in transforming economies. Drawing on the global business model literature and through semi-structured interviews with a leading Norwegian maritime multinational enterprise in China, we have developed and critically explored a theoretical framework for uncovering how subsidiary managers understand and manage the tensions between the headquarters based in a western country and the subsidiaries based in a transforming economy. More specifically, when implementing the global business model in the transforming economy, subsidiary managers need to undertake effective management of structural, behavioural, and cultural tensions along with the global integration-local responsiveness dilemma. Subsidiary managers can contribute to solving structural tensions between the headquarters and subsidiary by undertaking effective market sensing and knowledge transfer activities to integrate the transforming economies into the MNE's global production networks. Meanwhile, they need to make effective relationship management to solve behavioural and cultural tensions.
The global expansion of British insurers in the nineteenth century has been a feature of insurance history that has highlighted the strategic nature of the multinational enterprise (MNE). The growth of the Australian colonies from the mid-nineteenth century attracted the interest of these overseas insurers. This article considers the challenges these firms faced and the way in which these trials were overcome. Effective networks were important in establishing a market presence in the Australian colonies. A combination of enterprise, luck, and resilience assisted in building these links. The experience of British insurers in the colonies sheds light on the processes of MNE expansion into markets beyond their range of tacit knowledge and expertise.
This chapters considers means by which countries can attract inward foreign direct investment and join global value chains. It develops a benefit–cost framework for hosting FDI. It considers a number of policy stances towards FDI and strategies for promoting domestic linkages. It briefly considers the global governance of multinational enterprises.
This chapter provides an introduction to multinational enterprises and foreign direct investment. It considers foreign market entry, motivations for international production, entry mode choice, and empirical patterns of FDI.
This chapter proposes that globalization of multinational enterprises (MNEs) can be viewed as involving self-organizing swarms searching for optimal solutions to challenges presented by new and rapidly changing organizational ecologies. These challenges include developing innovative strategies for leadership, communication, training, management style, organizational design, and so forth. In this model, optimization most effectively occurs through evolutionary performance-based processes rather than more rational, analytic ones. This chapter applies recent theory and research on swarm intelligence to globalization, relates it to work on building microcultures in MNEs and suggests that the combination of these two processes can lead to more “intelligent swarming.” The latter involves a more detailed description of the past solution attempts of one’s own work team and those of other potentially comparable teams, including a fuller explication of key ecological characteristics, identification of potentially relevant comparison ecologies, and accurate evaluation of solution outcomes. It also involves better data storage and retrieval.Conditions which nurture intelligent swarming are discussed. Two training activities that have been used in a variety of organizational contexts and adaptable to enhancing intelligent swarming are described – “World Café” and “Smart Swarming.”
Based on the concept of limited and open access orders (LAO/OAO), this paper explains what appears to be a paradox: how was it possible that a former civil war country, Mozambique, which had been extremely successful in attracting foreign direct investment (FDI) and which the International Monetary Fund praised as a great Sub-Sahara African success story in 2007, only a few years later found itself on the brink of a new civil war? We argue that the destabilization of the country was the result of a toxic mix of domestic politics and a massive inflow of FDI. FDI provided rents to an increasingly dominant state party, FRELIMO, which could be appropriated one-sidedly. It then used these rents to oppress RENAMO, its previous civil war enemy and currently its main opposition party, to monopolize power. This strategy seemed to be successful until RENAMO, faced with the risk of being politically marginalized (and of losing its rents accordingly), returned to armed conflict in 2013. By analyzing the links between the macro-level of national politics and the micro-level of an enterprise and by embedding the interplay between polity and economy into an international context, the paper also makes a theoretical contribution to the LAO/OAO concept.
Multinational enterprises (MNEs) transfer their corporate strategies to subsidiaries globally, and in so doing, embark on a translation process. Despite the prevalence of MNEs and their investments in emerging economies, little is known about how local factors affect key actors when translating corporate talent management (CTM) strategies to these regions. This study draws from the translation and talent management literatures to explore the travel of ideas in the context of CTM. Relevant frames (narratives that emerge around actions) and actors are proposed and explored empirically in a qualitative study of 76 employees across an Australian mining MNE with subsidiaries located in Latin America. The findings support extant literature as well as uncovering new frames (categorized in external or corporate, and internal or local) and actors (including non-managerial) as part of the translation process. The findings suggest the need to balance talent management strategies between corporate and subsidiaries by being aware of internal and external frames including in both urban and rural locations. This understanding provides further clarification of the global versus local paradox faced by MNEs. Implications for future research and practice are discussed.
Offshoring has become a popular practice for multinational corporations (MNCs), with emerging markets being regarded as attractive locations. Although offshore outsourcing has economic benefits, it also involves several ethical issues, such as poor working conditions, child labour and environmental pollution. To identify implications for how to establish ethical practices in MNCs’ offshoring operations, we discuss theoretical perspectives (i.e., institutional, instrumental and normative) on MNCs’ motivations for being socially and environmentally responsible. Based on a review of these perspectives, this chapter provides practical guidelines for both MNCs and policymakers, including (1) re-designing governance, (2) establishing industry-level action and (3) developing institutional capacity. Developing both public (e.g., government regulation) and private (e.g., corporate code of conduct) governance mechanisms is important. Also, MNCs should take collective action at the industry level. Lastly, MNCs should provide resources and capacity to outsourcing companies and local communities to contribute to alleviating ethical concerns in emerging markets.
The emerging field of corporate law, corporate governance and sustainability is one of the most dynamic and significant areas of law and policy in light of the convergence of environmental, social and economic crises that we face as a global society. Understanding the impact of the corporation on society and realizing its potential for contributing to sustainability is vital for the future of humanity. This Handbook comprehensively assesses the state-of-the-art in this field through in-depth discussion of sustainability-related problems, numerous case studies on regulatory responses implemented by jurisdictions around the world, and analyses of predominant strategies and potential drivers of change. This Handbook will be an essential reference for scholars, students, practitioners, policymakers, and general readers interested in how corporate law and governance have exacerbated global society's most pressing challenges, and how reforms to these fields can help us resolve those challenges and achieve sustainability.
In 2017, France established a due diligence statutory obligation for French parent companies to monitor extraterritorial human rights and environmental abuses committed by their off-shore affiliates. Switzerland is also considering adopting a similar law for Swiss parent companies. These obligations are comparable to the duty of care that, according to recent case law, British parent companies owe towards their subsidiaries’ neighbours. This article compares and contrasts the newly introduced French due diligence statutory obligation, the UK precedents, and two alternative Swiss legislative proposals on the due diligence and duty of care of parent companies.
This is a study of three authoritative instruments that promote a common idea: economic activities and development should be conducted with respect for human rights. The World Bank Framework, the International Financial Corporation Performance Standards and the UN Guiding Principles on business and human rights are examined to get clarity on how human rights risk management differs from more conventional management approaches. The focus here is on prevention of human rights impacts. Do the three instruments employ approaches adequate for handling human rights risks? To understand prevention, one needs to reflect on what makes human rights a particular type of impact and account for the regulatory context of protecting human rights transnationally. The analysis identifies four ‘offsets’ through which economic decision-makers can distort their human rights performance and place causal observers at a disadvantage. Prevention becomes an issue of how to relate to ‘residual impacts’ on human rights. This article finds that the ‘hierarchy or mitigation’ and even ‘human rights due diligence’ under illuminate the challenge. The proposal here is to add ‘reduction at source’ as a parameter of human rights risk management. The sources for this analysis are the three instruments, and the practice of implementing organizations, particularly IFC projects, CAO cases, impact assessments, and CSR reports. In conclusion, the potential for cross-fertilization among instruments is genuine. Increased clarity on prevention of human rights impacts should assist economic decision-makers in their risk management task and casual observers in assessing their performance.
In this paper we deconstruct the popular book by Thomas Friedman which argues that the world is integrated through the advent of a new form of globalization based on the Internet. We use the logic of international business strategy to demonstrate that Friedman's examples of worldwide integration are special cases which ignore the empirical realities of multinational enterprises (MNEs). We provide empirical evidence to demonstrate that the world's largest MNEs do not operate globally, but sell and produce the vast majority of their output within their home region of the triad. We develop a new analytical framework to explain the limited nature of Friedman's thinking, and we contrast this with the more robust frameworks available in international business. The latter frameworks, which take into account country level and regional level barriers to integration, are better at explaining the activities of MNEs. We conclude that, from the viewpoint of international business strategy, the prescriptive thinking from Friedman is misleading if it is believed that a global strategy is feasible. Instead, MNEs need to develop strategies to accommodate the realities of intra-regional integration and to overcome the liabilities of inter-regional expansion across the triad.