Abstract
This is a point that between marketing and the business which enhance the relationship between them. In our project, we are going to find out the way this relation works and affects the business law about the marketing. Under the new global economic conditions, particularly the emergence of economic blocs, international competition, the spread of multinational corporations, and the new roles for global organizations.
It also appeared in this period rapid technological revolution consisted mainly in the rapid development in the world of infrastructures, transport, information, and widening its scope, as well as machine resultant him of super speed in collecting and storage info, the fast transition between the farthest two points in the world, which contributed to the achieve a “global market”, so that there is no longer a national market, or regional, but most of them compound into a single market in a large amount of goods and services. All this led the attention the need for marketing in general, and international marketing in particular, and the need for marketing information in an effort to conquer international markets, and this of course after the development of its crops and the presence of an effective and complete for all jobs to ensure the flow and the flow of goods and facilities to the home and the outside.
And through this growth and sustained development in disagree salable activities, and manufacturing, and Services, and skill in particular, the competitive advantage became measured by their capacity for creativity and innovation and renewal in line at the same time with the foreign market requirements, thus opening broad areas of growth in front of institutions and break into many markets and this thanks to the crucial importance of international marketing, which is a cause of the success of initiatives to enter the international markets, and by the institutions that have well-developed marketing activities can compete efficiently and effectively in the markets, and this is reflected in the success of the organizations industrialized republics of America, German, Japanese.
Introduction
In each step of the marketing must be under the law some of the companies try to increase and enhance their business by doing some marketing actions, the law can be as a roles that guide the relationship between the companies and their action. The main idea is that how this works under which category. In our project and research paper, all of these points will be explain.
There are main point that the law guide them under the marketing and the promotion actions, for example when we say that brand of the company the products, social marketing responsibility It is studied and the interest of all sections of the business. There are a lot of basic thoughts that must be taken into account from the trademark or service mark is primarily a means of marketing crops and services of the company in the market and to compete with alike products and services. Use this medium positively it would lead to the success of the company itself and become a brand itself because money is of great monetary value.
Projects and companies in Syria and Lebanon, and other Arab countries and the developing world, concerned that the focus more on the use of symbols in the delivery of products and services for the domestic market and the regional and international. Choose and develop the brand by the company’s complex and delicate process and you need to take before and during the company’s brand development. This paper tried to point out the most important, but the key factor for the success of any brand is remains to introduce a new product or service needed by the customer and uphold the excellence of this product. This is an example of the relationship between the marketing and the common law.
The key idea of the research paper the find out and figure the relationship between the international business and local business and regional business and how the law guild all of those part. How all of those elements come under the law first of all, The basic idea of ​​international marketing is an activity that is practiced through the local border into the outer limits, breaking all barriers and environmental factors in new markets such as economic, political and legal various restrictions in addition to the competition and marketing experience in foreign markets factor, It is known that the achievement of the companies in the completion of its business both in the domestic market or international markets depends on the entity’s ability to adapt to the surrounding environmental factors such as the environment affect the survival and steadiness as a system.
As is well known that the marketing setting and the factors surrounding not only on the decisions of access to international markets, but decisions on how to deal with those factors that affect the corporation benefit from the pros conservational factors and dodge the negatives. In this area can be referred to the existence of two types or oceans of international marketing can nominate local environment first and second external background.
New markets contribute to the availability of the nearest local opportunity possible products to continue to gain acceptance of goods and services, and this is reflected on the product life cycle where contribute to increased survival of goods and services in new markets as long as possible may increase for the stay of the goods or services in the internal market.
Some of the companies commit a bad action between all of them in order to achieve a specific goal or target so they don’t care about the behavior or the action that thy did, but the law go up under its authority to find out the result and solve the problem even in the international business there is always a struggles between all of them.
Literature Review
Numerous scientists have investigated the relationship between business laws and international marketing and trade. The aim of the following paper is to examine the influence of business laws on the efficiency of the international marketing and trade. Ross Petty wrote several papers devoted to the topic of the need to address legal aspects of marketing. In the article entitled “Teaching Marketing Law: a Business Law Perspective on Integrating Marketing and Law”, Petty identifies the need to study legal matters in details. The author writes, “In today’s legal environment of large financial penalties against both firms and managers, criminal liability for some types of marketing conduct, and increasing government regulation of the marketing function, the future marketing manager needs more exposure to legal topic that is available from the introductory business law course” (Petty, 2000, p. 129).
Petty describes the need to establish profound courses for students who study marketing. The author dwells on the components that comprise marketing law and their significance for the efficient business implementation. In his other article, Petty provides reasons for the need to understand marketing laws. He states that the modern marketing environment is changing and becoming more complex. The professional should be aware of all laws and regulations to stay competitive in the sphere.
Carpenter and Dunung (2014) investigate political and legal factors that influence the development and functioning of marketing. In their book, they write about ways of governmental intervention in the international trade. These methods include different policies of taxation and regulations of export and import. Carter (1997) also describes peculiarities of the legal and political environment and the influence of various related factors on trade. The author provides information about existing international laws that are the most important for multinational trade.
Methods
In our project, we should explain a lot of the items that we need to make a result and explain the outcomes of the paper research for example the international business consists of many items and there are many laws that can guide the companies and their actions in the world.
First of all we should gave a brief about the domestic trade and the international trade and how the law guides and controls them.
Domestic Trade
Internal Trade is a movement to buy and sell various types of domestic or imported goods within the country. It depends on the availability of those goods in the markets and the purchasing power of individuals. The on internal trade through several points including:
- The provision of goods in the markets according to the requirements of consumers.
- Planning, organizing trade markets and the issuance of business licenses and determining the customs rate and other grants customs exemptions for certain goods.
- Determination of wholesale prices and retail prices (retail) to protect the buyer.
Foreign Trade
Foreign Trade — process of trade in goods and services and various other factors of production between several countries in order to achieve mutual benefits for the parties to the exchange, which is different so for internal trade in it beyond the boundaries of one state to multiple countries, both adjacent to the state or neighboring it, As a result of variation of Foreign Trade narrow sense of the term and the term of foreign trade in the broad sense, so it should be a distinction between the term of foreign trade in a narrow sense and in a broad sense of the term Foreign Trade.
Also we can find a brief about the International marketing and international marketing mixmarketing principles are no different when it comes to local marketing or international marketing as the foundations of local marketing are the foundations of international marketing, what is different here is focused on the external and internal conditions and environmental variables.
Ibex For example the four elements in the marketing mix (production, promotion, pricing and distribution) are all characterized as variables can be controlled locally by the decisions of the project in accordance with local environmental variables. But this control may not have the same flexibility and strength on an international scale as they are in the local scale.
International Marketing
International Marketing is an essential part of the international business that is defined as those administrative activities across international borders. Management of international business includes all areas related to various activities such as the international financial and international law and international economics and international marketing. This means that international marketing is linked to various management concepts and theories prevailing theory in this context, international trade, e-commerce and free trade, which has a direct relationship to the concept of international marketing and its different activities prevailing in the markets. The international marketing linked to actively import and export by virtue of it is based on the completion of activities between the two countries, the exporter and importer in the time that the country may not linked to the other.
The importance of international marketing and dimensions
Numerous republics have become concerned with the conclusion of international agreements, in particular in the field of trade between them, to reassure foreign trade in both its “import and export”, and in this aspect we address the reputation of international publicizing, and the benefits to the fatherlands from which.
The way for industries that enjoy the benefits of the true state peers in foreign republics.
And its importance can be illustrated in the following points:
- Export Single way to get the hard currency needed by countries, for the import of products twisted locally, and thus gain a national considerate is clear, and hints to advanced living and development, and raise the acquiring power of clients.
- International marketing group allows the sale of surplus abroad, and create opportunities for employment, it is especially vital necessity.
- Emerging countries benefit from foreign straight investment frugally and informally and politically, despite the fact that capitalizing in developing republics, countries do not do only for its interests.
- To contribute to the support wheel of growth, because the global marketing services you need to, and is subject to an amount of other thoughts.
- International marketing donates to job creation through expansion in the activity of the institution, in order to achieve a greater return by raising the volume of production.
- Build a good reputation at the local level, and international company.
- Upsurge the number the company’s business.
- Help to escape from the competition or reduced demand from the local market.
- Contribute to the raise of production on a large scale, which creates a large and Euphrates.
The importance of the international marketing proves the necessity to monitor and coordinate various aspects of all dimensions. That is why there is a need to be aware of the international marketing business law. According to Petty (2000), the following marketing-related topics comprise a significant part of marketing laws:
- Introduction to the marketing laws and overview of basic principles;
- The role of competition and alliances in the international trade, antitrust laws;
- Protection of products and services (patent regulations);
- Safety of products (regulations concerning necessary safety measures);
- Product expression protection (trademarks, peculiarities of design, copyright);
- Monitoring of deception issues in product promotion;
- Marketing campaigns, evaluation of advertising, sweepstakes;
- Reduction of prices;
- Law and sales force management;
- Product strategy;
- Distribution or channel strategy;
The Importance of Law to the Practice of International Marketing
The role of law in the practice of international marketing should not be underestimated. Thus, one should be able to comprehend the necessity to obtain all necessary knowledge concerning international legal regulation of marketing and trade. As Petty (1999) writes, “threats of criminal sanctions, including jail time, and million, or even billion, dollar judgments against their companies provide sufficient incentives for marketing practitioners in the business community to develop an interest in marketing law” (p. 239). Besides, legal regulations in the sphere of international trade are constantly changing. Thus, one should be aware of all modifications to stay competitive in the sphere. Numerous marketing decisions influence a variety of environmental, social, and political issues. Finally, understanding of the system of law provides professional with the opportunity to think globally and beyond stereotypes. Profound knowledge is crucial for the efficient decision-making process.
Petty (1999) also writes that there has been a substantial amount of concern about the proper definition of the scope of marketing law. The system of marketing law is often analyzed from the perspective of laws that apply to four Ps of marketing such as promotion, product, place distribution, and price. Thus, product-related laws refer to such issues as customs, safety, warranties, patents, copyrights, trade secret theft, and tying. Promotion-based laws may address such aspects of trade as advertisement restriction, disparagement, deception, trademarks, and country of origin. Laws concerning price may address the issues of discrimination, collusion, predation, below cost pricing, usury, and dumping. The last groups of marketing laws denote place distribution aspects including termination, refusal to cooperate, dealer restrictions, protection of franchise, import and export regulations.
Government Law
In many countries, the administration impose some form of price controls, if the levy high customs on foreign organizations, or the issuance of some laws and guidelines imposed on the institution not to sell their products lower than the price existing in the market, and this leads to a loss of market share and impairment out. The type of price control may vary depending on the state and its legal and political environment.
There is a direct connection between systems of legislation and political system of the particular countries. Businesses function in the particular area. They cannot exist without the place of their operations. Even purely online businesses are conducted within the particular state. Consequently, all business should shape their functions according to the existing legal system and laws in the particular country. There are different political systems of the state. Depending on the type of political system, businesses have particular freedoms and restrictions concerning their activity. For instance, totalitarianism presupposes taking control over masses and business with the help of fear and corruption. However, democracy is the most widespread type of the political systems in the modern world. The primary task of the business is to assess the political environment in the country. According to Carpenter and Dunung (2014), “depending on how long a company expects to operate in a country and how easy it is for enter and exit, a firm may also assess the country’s political risk and stability” (p. 25).
One should also understand ways the government may intervene in trade. Thus, governments may introduce a variety of policies and legal implications that influence the operation and functions of businesses. For instance, the system of tariffs aims at receiving revenues from export-import operations. Other ways of intervention include subsidies, voluntary export restraints and import quotas, control of currency, free-trade zones, and administrative policies.
Sources of the law under the business
One of the most important part of the law source is the Commercial Treaties between courtiers that can guide the action and the way that can work together the international business has many point for the republics in the same way there are more challenges that can be faced. The alone mothed to prevent and protect the action of the others behavior is the treaty.
It began with the advent of meeting between countries in the demand for the product and services and the convergence of cultural and social characteristics, which donated to narrowing the gap between the customer groups, and the products and services have become close in composition and marked international character after it had been characterized by localized.many people – I do not repudiate that I was of them – believe that marketing is announcement in the newspaper or TV was up to the creation display in stores or superMarket to try it, this is my idea of the marketing, but I discovered that they are quite different. In my opinion, its art and needs to invention for the growth and prosperity of the facility. Where is marketing is a vital area and exciting and the caller and the reality of daily life, it embodies contemporary challenges for business and government activities, whether at the home-grown or international scale. Marketing is no longer limited to the sales and publicity only, but has become active is united. Complex and needs to assets and scientific principles to develop real strategies and take. Decisions based on dream and analytical marketing openings.
There are several sources of international law that are considered to be the highest instances of intervention. Carter (1997) provides a list and description of major responsibilities and authority of particular organizations. For instance, the General Agreements on Tariffs and Trade and the International Monetary Fund regulate dumping and restrictions concerning the international trade. Tax Treaties and Friendship, Commerce and Navigation treaties aim to regulate taxation. The United Nations Commission on International Trade Law works on the provision of the global commercial code and rules of commercial activities in the global market.
The Commission has to monitor the following of arbitration rules, legislation of shipping, and international agreements about payments and sales. Trademarks and patents, being significant parts of international marketing and laws, should be regulated as well. However, there are no such notions as international patents or trademarks. Three documents are regarded as the most significant for the international business area. They include the International Convention for the Protection of Industrial Property, a Patent Cooperation Treaty, and the European Patent Convention. The Organization for Economic Co-operation and Development is the international body that provides principles of the free-market economies for its members. Developed contrived that belong to this organization deliver information concerning policy issues, taxation, information disclosure, and competition.
International business law
Includes appropriate rules and norms in order to facilitate trade between the countries and each other. But it is also used in legal writings as trade between the private sectors, this is not true. Currently this is the branch of law independent fields of study as most governments have become part of the global trade, as members of the World Trade Organization (WTO). The business transactions between the private sectors in different countries is an important part of the activities of the WTO.
Carter (1997) defines the international law as “rules and principles that states and nations consider binding upon themselves” (p. 75). The author pays attention to the fact that this definition provides reasons for further evaluation of the controversial nature of the international law. First, the international law may exist only to the extent of collaboration that particular nations are ready to accept. Second, there is no international organization or global legal body that monitor and provide legal implications for the international trade.
Balance of payments
The balance of payments is the country’s total transactions with the outside world, during a certain period of time, and is divided into the current account department, and accounts department capital transactions and finally cash account section… and economic processes concluded with the outside world produce either when there is a deficit or surplus in the balance of payments, and in both cases (deficit or surplus) must state the value of the settlement of the deficit or surplus with the outside world.
And what was the international marketing allows the state to take advantage of export advantages which are mainly concentrated in obtaining foreign exchange, which is instrumental in the import and pay off the deficit in the balance of payments financing, and as well as to take advantage of foreign investment, in the settlement of the surplus in some cases, and therefore the principle of the balance of payments of the most important principles of international marketing and its contribution to achieving this balance control activities.
Total is balanced in the sense that what comes out of the state of imports values ​​and benefits and loans and insurance and shipping expenses with total enters the state of total exports during the year, as an important standard to judge the effectiveness of international marketing standards.
Figures and statistics
As we are researching in our project out the relationship between marketing and the international business law here is a statistics that shows the united Arab Emirate Natural Gas imports and exports the main idea of this is to show and highlight the important of the treaties between the countries as an example of this graph the treaties comes under the sources of the international law form this point the relationship between the treaties.
The treaties guide the behaviors of the countries as well as their action of the production form this point we find out that the treaties enhance and increase the marketing of the couriers and the international business as a part of international the law.
Another Example
As we said that the treaties has a big feature for the countries because it shows the relationship between two countries and more, As the rules of international law do not apply as mandatory. The domestic legal system directly, but has to be converted to internal rules according to what is stipulated in national constitutions. For the application of international conventions. Permission should be changed nature. Originally international to internal rules until they are amended or repealed. With the possibility of arranging international responsibility. Referred to, it is forbidden on the application of the rules of international justiceInternal legal unless turned to international legal norms.
This year the UAE has struck double taxation treaties with countries that include Japan, Mexico, Fiji, Panama and Latvia.
Under the mothed of the marketing and enhance the trade between two countries the UAE has smart idea that support the trade between others courtiers.
Results and Discussion
Paper research is about the relationship between the international business law and the marketing after a high a analyze we found out that there is a relationship between them. The marketing cannot go over the law in some fields, some of the company break up the law to achieve their goals or target the law jamb up to prevent that action.
There are many sources of the go over the marketing of the company or the counties itself for example the international trade between the countries that has may features and at the same time.
The example of the international law and the marketing is UAE this country that delete the Tax for its international trade that comes as a features that can enhances the relationship between its countries that it deals with them.
The international law guide that action or behavior of the countries as well as the companies whose practice the international Trades.
In project founded that
International law consists of the overall principles and legal standards which the international community controller (states and international organizations). Originally, it was mainly related to the obligations of States. And the development of international law since then and has become a growing place given to international organizations and groups and individuals and to several issues such as the environment.
Treaties and conventions as a part of the law it has a power over the marketing behavior in some fields States can voluntarily committed to respecting certain obligations and that the ratification of the treaties and international conventions. And it comes to a number of texts define the obligations of the state approved and can contain binding mechanisms of implementation.
Recommendations
Principles of international marketing, as well as legal systems, are in the process of development even nowadays. That is why the future studies should investigate the changes and their impact on trade. Besides, the legal and political environment in every country differs and, consequently, shapes the marketing sphere. It would be useful to find connections between the condition of international marketing and political system in existing countries. Also, it would be interesting to examine the efficiency of the international treaties and regulations. Finally, the problem of the absence of the global body for marketing and trade regulations should be examined.
Conclusion
Any attempt to understand the marketing activity in general, and international marketing, in particular, must be carried out through the study of its relationship with all of the international trade and international workers, and his philosophy, which is based, because the export is one of the most important incursion strategies in the international markets, which draws some principles of international trade, it also shared in the interpretation of the causes of the international exchange, and takes advantage of its theories and helps to revitalize its operations.
The philosophy are the same marketing philosophy, and differ only in terms of vulnerability to glance International Company for foreign consumer, either in terms of homogeneity of consumer behavior in the basic needs in all countries, or the similarity of their behavior in all states, or different behavior in a single market, or similarity sliced them the degree of homogeneity in many markets… and for this known international marketing that all active that facilitate the flow of goods, services and ideas and factors of production of the product to consumers in foreign countries, and based on the international outlook while satisfying their needs and desires in such a way to create a semi-permanent relationship with them, in order to achieve consensus between the reformers and the product of his government, and foreign consumer state.
International Marketing and exercises its activities through the environment surrounding international company, and so the environment determine the models and methods necessary for the success of these activities is to achieve the objectives of corporate behavior.
There is a direct connection between the system of laws and international marketing. The political and legal environment in the state can promote or hinder the development of marketing. A variety of international treaties and regulations has been introduced to provide maximum support for the international trade. The United Arab Emirates has been used as an example to illustrate the relationship in practice.
References
Carpenter, M., & Dunung, S. (2014). International Business: Opportunities and Challenges. Washington, DC: Flat World Knowledge.
Carter, S. (1997). Global Agricultural Marketing Management. Rome, Italy: Food and Agriculture Organization of the United Nations.
Petty, R. D. (1999). Editor’s introduction: The What and Why of Marketing Law. American Business Law Journal, 36(2), 239-254.
Petty, R. D. (2000). Teaching Marketing Law: A Business Law Perspective on Integrating Marketing and Law. Journal of Marketing Education, 22(2), 129-136.
Ranking Investment Locations. (n.d.). Web.
United Arab Emirates. (2015). Web.