A Comparative Look on Foreign State Compulsion as a Defence in Antitrust Litigation

This paper presents and investigates the foreign state compulsion as a defence in transnational antitrust cases. It takes a comparative approach by looking at the doctrine and its developments in the United States and in the European Union. To illustrate the relevance of the defence and the difficulties of its applicability, this paper analyses the new antitrust case law emerging in the US involving Chinese export cartels. It is argued that at present the standard required to prove compulsion is too high to serve its function.

Outward foreign direct investment and human capital development:A small country perspective

Purpose - The purpose of this paper is to examine the pattern of outward foreign direct investment (FDI) by Irish MNCs, and more specifically, to investigate their approach to human capital development and how these correspond to foreign MNCs in Ireland. In particular, it seeks to investigate training and development expenditure, adoption of succession planning, use of formal development programmes for senior management "potential", and also the presence of a specific "key group" development programme. Design/methodology/approach - Data were obtained through the largest, most representative study ever conducted on multinational companies (MNCs) in Ireland. The most senior human resources practitioner in these firms completed a questionnaire, through the personal interview medium, on various facets of their human resource management (HRM) practices. In total 260 usable interviews were completed equating to an overall response rate of 63 per cent. This represents a 78 per cent response rate for Irish MNCs, the primary focus of this paper, and 60 per cent for foreign MNCs. Findings - Overall, Irish MNCs tend to compare favourably with their foreign counterparts in terms of the human capital development mechanisms examined. Only one statistically significant association was found regarding differences between Irish and foreign owned MNCs, Irish MNCs were found to be significantly less likely to have formal management development programmes. Originality/value - The study is the first large scale, representative survey to be conducted on MNCs in Ireland helping to address the research lacuna on Irish owned MNCs. © Emerald Group Publishing Limited.

Managing knowledge in internationalizing universities through foreign assignments

Purpose: This article discusses the opportunities presented by the globalization of education and the role of knowledge management in successful global expansion. It seeks to explain why the tacit dimensions of the knowledge transferred during international education provision makes it difficult to provide educational services in offshore campuses, absent the transfer of people. Design/methodology/approach: The article draws on literature in the discipline of international business to explain why internationalizing universities need to consider the role of knowledge transfer as a strategic imperative. As this is a conceptual article, arguments are built on insights from extant theoretical and empirical work. Findings: Based on the analysis of a diverse body of academic literature in the areas of international business, knowledge management and education theory, this article demonstrates the role of foreign assignments in the transfer of tacit knowledge in universities with offshore campuses. Research limitations/implications: The implications of the proposition raised in this article are presented with a focus on how they affirm the need for foreign assignments for effective knowledge management in internationalizing universities. Those implications include the need to use assignments to deliver courses offshore and to create face-to-face interactions with academics at partner universities. Originality/value: Drawing on a diverse body of academic literature, this article provides theoretical and practical insights into how assignments can be utilized in international educational management, international educational delivery, and the creation of an environment in which knowledge resources can be utilized on an international basis. © Emerald Group Publishing Limited.

National identity in a foreign context: Irish women accounting for their children’s national identity in England

Social psychologists have attempted to capture the ideological quality of the nation through a consideration of its taken-for-granted quality, whereby it forms an unnoticed ‘banal’ background to everyday life and is passively absorbed by its members in contrast to its ‘hot’, politically created and contested nature. Accordingly, national identity is assumed to be both passively absorbed from the national backdrop and actively acquired through national inculcation. This raises the question of how national identity is expressed, transmitted and acquired in a foreign context, where the banal national backdrop is unavailable to scaffold identity and the national resources for identity transmission may be unavailable. The present article addresses this gap by examining the situation of Irish women raising children in England. Critical discursive analyses of the 16 interviews revealed that all women treated their children’s national identity and the issue of transmitting identity as dilemmatic: passive transmission risks children passively absorbing English, but active transmission contravenes the assumed naturalness of national identity and can furthermore conflict with children’s own personal choice. These results point to the complex interaction between the management of national identity and the broader personal and national context within which this occurs.

The impact of foreign postings on accompanying military spouses: an ethnographic study

As part of an ethnographic study, the impact of foreign postings on spouses who accompany military personnel was explored. Individual interviews and focus groups with 34 British military spouses based in one location in southern Europe were conducted. Key findings suggested that reaction to a foreign posting was a reflection of personal attitudes, prior experiences, support, ability to adjust to change and strength of relationship with the serving spouse and community. For many the experience was positive due to the increased opportunity for family time, for others this helped to compensate for the difficulties experienced. Some military spouses experienced significant distress on the posting, particularly if the family was not well-supported. The potential implications of military spouses not adapting to foreign postings have significant implications for healthcare practice. Provision of more appropriate support resources before and during the posting would facilitate the transition for the military spouse and their family.

Foreign Policy Essay: Hamas's Islamist Foes

Editor’s Note: The United States rightly regards the Muslim Brotherhood-affiliated Palestinian organization Hamas as a terrorist group, but Hamas is also the de facto government of the Gaza Strip. There it juggles the responsibilities of governing Gaza and the associated need to mollify Israel with its self-image as an Islamic “resistance” movement. Making this difficult act even harder, Hamas faces a terrorism problem of its own. Gaza is home to a range of groups that see Hamas as too accommodating toward Israel and too lenient when it comes to imposing Islamic law at home. Beverley Milton-Edwards, a professor at Queen’s University Belfast and renowned expert on Hamas, assesses these Islamist rivals and the risks for Hamas of being too confrontational or too passive in dealing with them.

The 'Ordinariness of the EU's Foreign Policy Power: The Use of WTO Litigation as a Means to Export EU Norms, Values and Interests

The EU has historically been portrayed as a distinctive international actor both in terms of the norms and values it exports in context of its international relations and the manner in which it seeks to influence others. However, such claims to the EU’s distinctiveness are increasingly being questioned. This article joins this chorus of voices arguing the non-distinctiveness of the EU’s foreign policy power by focusing on a specific feature of the EU’s external trade policy, the role of World Trade Organization (WTO) dispute settlement in the EU’s attempts to promote its interests, values and norms.

Foreign Direct Investment and Country Risk::Is There Evidence of 'Malign Investment in the Former Soviet States'

This paper examines the relationship between concepts of MNE bargaining power and broader concepts of political power. It notes that the analysis of MNE bargaining power presents a number of puzzles from the perspective of political theory. These puzzles arise, in part, from the fact that the overlap between traditional concepts of MNE bargaining power and broader concepts of political power is only a partial one. Despite these problems, it is suggested that political- theory-based approaches can add realism to our understanding of bargaining power.

Foreign Policy as Ethics: Toward a Re-Evaluation of Values

This article notes that while ethics is increasingly talked of in foreign policy, it remains a blind-spot for FPA. It argues that this must be rectified through a critical approach which conceptualises foreign policy as ethics. The first section examines how even constructivist approaches, which are highly attuned to the intersubjective sphere, still generally avoid dealing with morality. The second section looks at the possibilities and limits of one piece of constructivist theorizing that explores the translation of morality into foreign policy via ‘norms’. This demonstrates the problems that a constructivist account, with its tendency toward explanatory description without evaluation, will always face. The final section argues, through an examination of EU foreign policy (from 1999-2004) and its innovative use of ‘hospitality’, that FPA must critically reassess the value of the norms and principles by which foreign policy operates in order to suggest potentially more ethical modes of encounter.

How high (and far) can you go? On setting fines in cartel cases involving vertically-integrated undertakings and foreign sales

Delineating human resource management practice in domestic and foreign owned multinational enterprises in Australia

To date there is an absence of any systematic and extensive data on Australian multinational enterprises (MNEs). This research paper fills the information gap and leads to a discussion of the human resource management (HRM) practices of Australian MNEs in the global arena and whether there is a distinctive national identity associated with these practices. We report on the profile of Australian-based multinational enterprises (MNEs). Drawing on a systematic database developed by the authors in 2010–11 we are able to identify the numbers of Australian MNEs and their characteristics and compare them against a representative sample of foreign-owned MNEs operating in Australia.