1) Acts of parliament
The highest form of law
Doctrine of Parliamentary Supremacy – the parliament = the highest lawmaking power in the UK
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can make any law
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courts in UK - carry out will and attention of parliament
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parliament is elected by people => its will and attention can be understood as will and attention of the people => “real” legislative sovereignty rests in the “people” who vote
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Parliamentary supremacy – not limited. Can pass any law it wants. Limited by “real” enforceability of legislation
2) Case-law
Backbone of the common law. Works in the interest of legal certainty
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case must be decided in the same way as those previously decided by higher UK courts
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when there is a new case, which (or similar one) has never happen in UK – IK court can look foreign Common law jurisdiction courts for inspiration
3) Constitutional convention
Very important in constitutional arrangement in the constitutional arrangement of the UK
Queen can :
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dissolve parliament
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grant pardons
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conclude international theaties
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declare war,….
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she acts only upon consultation with and on the advice of the prime minister
4) Authoritative works and European community (EU) law
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great compilation of the legal theorists
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referred by judges
5) Law of custom of parliament
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relates to etiquette governing the internal working of parliament and the conduct of its members
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guide lawmakers (when they are faced with the problem of integrating sth. new into the UK legal system
BRITISH SOCIETY
- different to many Continental societies
- great emphasis on personal ability and merit of the individual
- regardless of their social background
- snobbism, elitism – not too much
- Self-made man – respected
- individual effort
- civil society
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responsible behaviour
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voluntarily from the individual
- sport fans
WORKPLACE
- hierarchical structures – as flexible as possible
- “ideas from bellow”
- boss – has his door always open; willing to listen to all reasonable comments and suggestions from subordinates
- power distance – 35 – very low ( x French – 68)
- individualism – 89 ( 3rd position behind USA and Australia)
PROTECTION OF INDIVIDUAL RIGHTS IN THE UK
- no document outlining citizens rights
- what is not forbidden is allowed => “ negative rights”
- free speech – not guaranteed
- state – the same freedom as individuals
- Human rights act – 1998 – similar to European Convention of Human rights. Guarantee: freedom of expression; freedom from unlawful detention; right to privacy,…
ENGLAND
Capital: London – one of the largest cities in the world
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more than 1 million inhabitants
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cosmopolitan city
Country of industry
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highly efficient agriculture
Dotted with “Stately homes” – former seat of the great Aristocratic families of England
The South of England – associated with Aristocrats, the Royal family, fox hunting, “snobbish accent”
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seen as: soft, lazy, impractical
The North of England – industrial, populated by very practical, realistic, cynical people
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friendly, open, great dislike to snobbish and humbug
Not only urban society
Villages:
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great place to see a cross section of England society
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every village has its “big house” – member of local “great family”
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in every village: gossip, drunk, village idiot
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order people – view their home as the centre of the Universe => do not criticize
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them
For foreigners: do not criticize or poke fun at the Royal Family
Tea
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ritual
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in the past afternoon tea – served with sweet cake or cucumber sandwiches – high point of the day
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symbolize their homeland
ENGLISH COUSINE
- many jokes by foreigners
- have character
- contains so much fat, sugar, salt
- breakfast:
porridge, fry up, tomatoes, beans, large slice of bread
- lunch
boiled potatoes, vegetables, bacon or roast beef
fish and chips
- pub grub (bar snacks)
soup, sandwiches, steak, kidney pie
SCOTLAND
- Celtic kingdom
- industrial power
- famous for shipbuilding
- capital: Glasgow
- agriculture – highlands
- sheep => wool, meat
- hospitable
- proud of their nation - Celts
- happy to be British
- never call a British person “English”
- love family
- interested who is related to whom
WALES
- Celtic
- different from Scottish
- own language
- dependent on coal mining and agriculture
THE NOTHERN IRELAND
- its own parliament and government
The Republic of Ireland
Young people
o well educated
o articulate
o sophisticated
o forward looking
o very sure of their position in the world
o if you say : “ I love your music, writers, dance,..” => you will lost their goodwill
and respect
o friendliness
- power distance: 28
o managers do not hold themselves aloof from their subordinates
o first name terms – but – doesn´t mean familiarity
o invisible border
- individualism: 70
o highly prized in firms
o you get task to be done in a certain time – how you complete is up to you
o high level
- masculinity: 68
- uncertainty avoiding index: 35
o unwritten, unspoken limits
o they need less explicit laws
Japanese Culture
- 3000 islands
- the eastern coast of Asia
- population: over 120 million
- 70 % of the people live in the area from Tokyo to Kyushu Island
- 75 % of the area is covered by forests
- parliamentary democracy under the rule of a constitutional monarch
- official language: Japanese
- literacy: 100 %
- secondary school education: 95 % of the population
- masculinity is the most significant value (=> Hofstede)
- the lowest ranking factor – individualism
- collectivistic culture
- status: age, rank and hierarchy determine position
- tradition: focus on heritage and precedent
- idealism: doing things the “right” way
- ambiguous work roles: no specific job description
- formality: respect demonstrated trough formality
- indirectness: saving face is the priority
- highly non-verbal: understanding from context
- reserved: avoid any position on others
- focus on relationship
- group come first !!!
- physical pleasure
o good and worthy
o love hot baths, sleeping, eating
VERBAL SIGNALS
- conversational counterpoint phrases
o listener – active part in the dialogue – short phrases every few seconds
o ensuring speaker of your attention
o keep conversation going
- indirect expressions
o large hedging vocabulary – neither yes or no
- abundant number of greetings and social phrases
o social phrases – in introduction, when entering / leaving the room, when starting a dialogue
NON-VERBAL COMMUNICATIONS
- high context
- implicit culture
- same gestures as at us, but with different meaning
- bowing rather than shaking each others hand
- poker face
- mask of smile – use in adverse situations
- face of surprise – form of flattery14
- eye contact – give themselves privacy in crowded places
- silence – important part of non-verbal communication; pauses between words
BUSINESS:
- starts with small talk (weather, golf tournament,..)
- during the meeting all related matters should be discussed (systematically, in great details)
- relationships
- loyalty to the group
- long term orientation
- mutual trust – personal trust is more important than the contract
- people-oriented business – business relations = family ties15; agreement to work together
- reaching the agreement – need of trust; long time
- working style – job assignments are given to team, not to the individual
- team – one big open space office
- group orientation
o the main difference between Japan and West
o group defines the individual and the individual is only significant as he/she
represents the group
- emotions
o negative one – not openly expressed
- hierarchy
o hierarchical relationships are essential in the whole society
o ranking – very important
o seniority – traditionally an important criterion for promotion
- shame society
DECISION-MAKING PROCESS
- “down to top” system
HISTORY
- two main points which characterize Japanese history:
o over 10 000 years of cultural continuity
o the ability to adopt imported culture and technology to improve Japanese living
standards
- 1945-55 post war recovery
- 1955-72 rapid growth
- 1987-90 period of domestic demand-led expansion; increasing industrial and lifestyle sophistication
- 1990´s collapse of bubble economy
- 1998 - recovery
- nowadays 1,3 million corporations; concentration of economic power
EMPLOYMENT
- tertiary sector – 60 % of all Japanese workers
- primary sector – less than 10 % of workers
- employment system – 3 essential institutions
o lifetime employment
mutual commitment and loyalty
recruited immediately upon graduation, continue till retirement (65)
academic credentials – very importan
graduating from good university – essential
o the seniority system
based on employee´s rank
salary, qualification – based on length of service in the company
o Enterprise Unionism
unusual link between individual employee – company
this relationship should be harmonious
- hard workers
- strong Buddhist traditions
- women
o lower salaries (60 % of men´s salary)
o administration positions ( men – managerial positions)
o expect to leave the position when they marry
What behavior would offend the Japanese in a business situation:
- losing your temper
- slouching in a chair
- putting your feet on your desk
- interrupting someone, or not letting someone finish his sentence
- refusing to accept a drink when offered, it can be non-alcoholic
- wearing shoes in the house, using the wrong slippers for the toilet
China
- 1,3 bn people => 1/5th of the world´s population
- changing lifestyle
- “One child” policy
- minority groups live in border areas
- world´s fastest growing economy
- trading giant, 5th world´s exporteur
- communist party
- traditional values in Chinese society
o high power distance
o low ranking factor – individualism
strong relationships in society
everyone takes responsibility for fellow members of his / her group
o masculine country
high degree of gender differenciation
men take decisions in their families => accepted by Chinese women => part of culture
o long-term orientation
very high level
- the value of harmony
o harmony in all aspects of life is very important
o all people have to depend on each other
o in a broad sense
hierarchy (dependence)
o in a narrow sense
dependence within a family
- to achieve harmony one must fulfill duties and obligations in five cardinal relationships:
o between the emperor and the subject
o between father and son
o between husband and wife
o between brothers
o between friends
- group orientation
o one of the most characteristic features
o the group defines the individual
o belonging to the group / family gives the Chinese a feeling of psychological and
social security
- face consciousness
o shame society
o keeping face – very important
o shame = reaction to public criticism
o one does not need to worry as long as his bad behaviour does not get him out from
the group, as long as does not lose “face”
- family
o very important
o sociability, security, support in need, loyalty, faithfulness16, devotion17, “face”
o grandparents + in-laws + other relatives => in one house
o children
have to obey their parents
centre of attention
- communication
o high context; implicit communication
o fixed word phrases
- Chinese weakness
o corruption
almost every commercial transaction in China
o nepotism18
distance between ordinary people and government
the Chinese as a whole never desired to change the structural arrangement of
Chinese society
o unemployment
especially in rural areas
o AIDS
1.3 million people is infected
o the ageing population
- religion
o before communist revolution - number of religious
o Taoism, Confucianism, Buddhism, Christian, Islam,…
- Chinese conservatism
o modernization, compromise – typical
o interpretation of law – based on human feelings and situation
o what is right / wrong – relative
- business culture
o do not like doing business with foreigners
o establish relationships
o presenting business card has its own etiquette – both hands, face up
o last name + given name – use both !
o like to ask personal questions
o do not like to be touched
o business launches, evening banquets – very popular
o giving gifts – Chinese decline it two or three tomes before they accept it
they should not be open immediately
never wrapped in white paper
fine whisky, cognac, foreign cigarettes, quality wines,…
o better than saying NO – MAYBE
o being late for appointment – rude
Way of communication
- High context (China)
o social roles
o situations
o participants
- Low context (Europe)
o language
o memos, letters, maps, manuals
o what people say
- Chinese people think that “Europeans doesn´t use correct speech formulas and are impolite”
- European people think that “Chinese use speech formulas and are insincere”
Opportunities for business in China
- the largest consumer market in the Word
- rapid growth of consumer and corporate demand
- vast production capacities
- ongoing regulative loosening
- fast technology development Gross all industries
- relative cheap labour forces
- growing demand for luxury, expensive products and brands
- „european“ is associated with high quality
How to be successful in China:
- Start at home! => prepare your strategy well
- making relationships
- smart business
- slowly, gradually
- do not lose your face
- respect, modesty & honesty
Arab Culture
- demographically divided into 2 major parts
- Muslims
- the most famous period of history - Muhammad
- modernization
o literacy – increased in last 30 years
o Arab women – becoming more educated and active professionally
o improved health care => life expectancy increased
ASPECTS
1) Bedouin origin
- individualism, no discipline, no respect to authorities
- solidarity, ability to speak => one of the best human skills
- hospitability – happy when you invite them to your house
- Arabic language – Arabs think, that it is the most difficult language in the world
- manliness – ability to behave as a man : courage, loyalty, generosity
- pride – Arabic are very proud people, pleased with themselves
2) Historical and cultural development
- influence of Greek, Roman culture and Persia
- the independent character of Arabic people
- they are not allowed to gamble
- pray 5 times a day
3) influence of Islam
- 90 % of Muslims
- values are summed up in Koran
o kindness
o attitude to parents
o inequity - people should be modest
o people who are not angry can see Eden
o true nobility lies in forbiddness
4) response to the activities of Americans, British, French during the modern era
- modernization
o new society
o 3 new classes
o has produced disturbing inferiority complex
- dualism
o they are able to live with traditions (woman who is a doctor / scientist knows, where is her place in family)
- fundamentalism
o rejection of western morals and western way of behaviour
o Islam prescribes usual day of life
- educated people feel, they are torn into two different systems
- vast majority of Arabic people life family and work life ( they have nothing in common with terrorists)
BELIEVES and VALUES
- things in life are controlled by Got
- values:
o person´s dignity
o reputation
o honour – the most important value
o they must behave in the way to have good reputation
o loyalty to one´s family
- religious attitudes
o everyone should believe in God
o something depends on God´s will
o you should adore God
o no separation between state and church
o religion should be thought in school
o holy
o liberal interpretation which threaten religion believes must be rejected
Arabic
- generous
- polite
- loyal
- humanitarian
- they have rich cultural heritage
- clearly defined cultural group => “Arab nations”
o they have been victimized by the West
- they believe, they are misunderstood and wrongly described by the Western people
Concept of friendship
- FRIEND is someone whose company can enjoy
- help him / her as much as possible
- never openly refused his / her request
o the favour must not every time be done, but do it if you can
- moral priorities have their high price
- they expect loyalty from every “friend”
o you shouldn´t be angry, your answers should be positive
- they offer many invitations to each other
- no concept of privacy among Arabs
o privacy = loneliness
- generous with their free time
Office relations
- greeting every day (good morning, welcome back,…)
- very intensive
- supervisors and managers give from time to time their employees prizes => make good relationships
Criticism
- Arabs do not like to be criticized roughly
- should be indirect
- should include some good points
- avoid criticism in front of others
- direct criticism is always taken as personal and distructive
Business
- personal contact – very valued; quickly established
- they never openly refuse request from friend
- business partners´ friends
- we should be: modest, friendly, keep to our promise, never look down upon them
- offer many invitations to each other
- conversation – long discussion
- little conversation before beginning a business
- atmosphere: quiet, free and easy, made more pleasant by frequent tea or coffee, showing no stress or hurry
- several meetings – informal character – before real negotiation
- Formula: “In the name of God, the Merciful, the Compassionate” – whenever when they
are setting out on a trip, beginning the speech,…
- we: never criticize their different way of life, their appearance, behaviour
- no ask about their wife or daughters – it is up to them
- be aware of etiquette and body language
Business practices
- personal contact
- light conversation
- tea or coffee
- highly display emotions
- trust = sincere, interested people
- long-term, no deadlines / fixed time
Employment
- relaxed, personable, patient employee
- indirect criticism, good point first
- pride, self-esteem X loosing face, shame
- intermediary
USA
AMERICAN CONCEPT OF TIME
- the past is over
o they forget about their childhood, businesses which failed…
- present
o very important
- future
o outline
- time is comodity
- time = money (literally)
- do not be late
o shows lack of respect
o waste
o things will start without you
AMERICAN MANAGERS
- status
o intellectuality and refinement less valued in US than in Europe (they care about
results, and not about school…)
o virble achievement
1. no aristocracy
2. money sign
- motivations
o bonuses
o performance pay
o profit sharing o stock options o competition
o problem solving
o action (they don’t like to be stagnant, something has to be happening)
o unlike Europeans and Asians, Americans need constant feedback, encouragement and praise from senior executives
- independence
o expect to
1. make decisions
2. take the initiative
3. think for themselves
o but…this spirit controlled by strict procedures and paper work
USE OF LANGUAGE
- direct (don’t dance about)
- frank
- confrontational
- a fight is communication
- concensus
- summary
- deal ASAP
INTRODUCTION
- objective: find out who you are and add you to contacts
- business cards: formality, contact info
- opening: job identity crual
- language: informal, friendly
- nonverbal: eye contact, firm handshake
- space: individual space ( one arm length)
- info exchange: business related
BUSINESS MEETINGS
- objective – a plan of action
- opening – direct to objective
- participation – expected from all
- self-image – equality, independence
- use of language – direct, to the point
- nonverbal – informal, little emotion
- decision making – fact based, risk taking
- not a social ceremony
- pragmatic
- direct to topic
- objective: mutual benefit
- persuasion through facts and figures
- no social egos on the line
NEGOTIATION OBJECTIVES PRIORITIZED
o USA
1. current deal
2. short-term profit and rapid growth
3. consistent profit
4. relationship
o Japan
1. harmonous relationship and direction taking
2. securing market share
3. long-term profit
4. current deal
o LA
1. national honour
2. personal prestige of chief negotiator
3. long-term relationship
4. current deal
PRESENTATIONS
- expectation before you begin:
o outline
o objectives
o written materials
- the O-Ren Style
o be confident (do not humble)
o be simple
o stick to the point
- eye contact
- voice needs to be confident
- body language (use hands, they like
BL)
- questions (they expect questions)
- fact-based
- disagreement acceptable but expected to support with data and facts
BUSINESS WRITING
- directness (no hedging)
- avoid wordiness
- write to the point
- factual info to support conclusion
- call for action
- a specific time frame asked for
REMEMBER
- individualism and independence
- informal so do not be surprised
- time is always money
- frank and blunt (to the point)
- like and want directness
FINAL THOUGHTS
- keep an open mind
- ask open questions
- really listen to the answer
- look for more info using closed questions
- acknowledge the other person’s
position
answer their concerns calmly and reasonably