Legal system contingencies as determinants of political tie intensity by wholly owned foreign subsidiaries: Insights from the Philippines

2015 ◽  
Vol 50 (2) ◽  
pp. 342-356 ◽  
Author(s):  
George O. White ◽  
Jean J. Boddewyn ◽  
Roberto Martin N. Galang
PCD Journal ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 305
Author(s):  
Erickson D Calata ◽  
Reginald G. Ugaddan

There are frequent calls to enhance citizens' trust in government to pave the way towards a new paradigm of participatory governance and strong citizen support for government. In various realms, citizens may directly or indirectly engage with the government through various available mediums, even though, despite the availability of various policies and services provided by the government, citizens are generally passive and adamant in trusting the public sector. While many studies have explored a set of determinants that influence citizens' trust in government (i.e., central government, local government, parliament, and the legal system), few studies have ascertained the relationship and the role of social trust, happiness, governance, and political systems. These are critical factors that may influence trust in government. To address this gap, this study draws on the theoretical lens of social capital theory, proposing that cognitive social trust and citizen happiness—environment and performance—are the most likely predictors of citizen trust in government. This study assumes that citizens' perceptions of governance and political systems will moderate the effect of social trust and happiness on trust in government. Using data from the Asia Barometer Survey 2007, and focusing on data collected from the Philippines, this study tests a latent model employing the structural equation modelling technique. It finds that happiness negatively predicts trust in the central government and the legal system, while all other predictors do not have a significant effect. The findings also show that the political system moderates the impact of social trust and happiness on trust in government. Finally, this article points out its theoretical, empirical, and practical implications and provides directions for future research.


2020 ◽  
Vol 28 (3) ◽  
pp. 277-305 ◽  
Author(s):  
George O. White III ◽  
Thomas A. Hemphill ◽  
Tazeeb Rajwani ◽  
Jean J. Boddewyn

Purpose The purpose of this study is to apply the institution-based view and resource dependence theory in arguing that perceived deficiencies in a legal service sector where a foreign subsidiary operates will influence the intensity of its political ties with actors in both the regulatory and legal arenas. The authors further theorized that these relationships will vary across governance environments. Design/methodology/approach The research context for this study was multinational enterprises (MNE) wholly owned foreign subsidiaries and international joint ventures (IJVs) operating in the Philippines and Thailand. Data for most variables in this study came from primary survey data collected in 2018 from senior managers of MNE WOSs and IJVs operating in the Philippines and Thailand. Findings The authors’ analysis of 352 foreign subsidiaries operating in the Philippines and Thailand show that, in a flawed democracy, perceived deficient legal services enhance the intensity of foreign subsidiary political ties with government actors in both the regulatory and legal arena. However, in a hybrid regime, perceived deficient legal services enhance only the intensity of foreign subsidiary political ties with government actors in the regulatory arena. The authors’ findings also suggest that the relationship between perceived deficiencies in legal service sector and the intensity of political ties is stronger for foreign subsidiaries that operate in heavily regulated industries across both a flawed democracy and hybrid regime. Conversely, the authors do not find the market orientation of these foreign subsidiaries to play a role in this process. Research limitations/implications The authors’ study was unable to control for whether managerial perceptions of deficient legal services were well informed at the local or federal level. This issue raises the question of will the presence of an in-house legal department influence managerial perceptions with regard to deficiencies within a legal service sector? Based on these limitations, the authors suggest that future research can further extend political ties research by using a fine-grained analysis in investigating the antecedents of managerial perceptions of legal services within different legal jurisdictions. Originality/value The political ties literature has largely argued that political ties are more prevalent in environmental contexts comprising institutional voids as MNEs attempt to mitigate volatility associated with the lack of developed institutional infrastructure (e.g. Blumentritt & Nigh, 2002; Bucheli et al., 2018). However, the concept of institutional voids is very broad and still rather abstract in nature. Hence, scholars have yet to fully understand what types of institutional voids may drive MNE foreign subsidiary political tie intensity in varying governance contextsThe authors’ study attempts to contribute to this important line of research by investigating how one type of institutional void, namely, perceived deficiencies in the legal service sector, can influence the intensity of political ties in varying governance environments.


2017 ◽  
Vol 25 (2) ◽  
pp. 197-227
Author(s):  
Norhabib Bin Suod Sumndad Barodi

In view of the recent development brought about by the decision of the U.S. Supreme Court in Obergefell v. Hodges, jurisdictions that retain the traditional definition of marriage have sufficient reasons to revisit the concept of marriage under their own laws. This article is an academic effort to explore whether the traditional or historic definition of marriage adopted in the Philippines, as articulated in its Constitution and other pertinent laws like the Code of Muslim Personal Laws of the Philippines can withstand the new norm that Obergefell established in the legal system or constitutionalism of the United States. It attempts to project how the issue of same-sex marriage would be treated and decided in the Philippine context had it been an issue for which the Philippine legal system or constitutionalism is made to respond. This article emphasizes the incompatibility of the Obergefell decision with the Islamic definition of marriage and finds that the same decision is not entirely square with how the issue of same-sex marriage will be dealt with in Philippine constitutionalism.


2021 ◽  
Vol 15 (2) ◽  
pp. 247-270
Author(s):  
Patrick Stein

Abstract In 1662, shortly after conquering Taiwan, Zheng Chenggong wrote to the Spanish governor of Manila, threatening to invade the Philippines if the Spanish did not swear vassalage to his new regime. Although the Spanish refused, Chenggong died before he could carry out his threat, and his successor Zheng Jing wrote a second letter offering terms for peace. These exchanges provide some of the only surviving direct recordings of the Zheng leaders’ beliefs regarding the rights, responsibilities, and boundaries of “Chinese” identity, in particular the relationship between Sangleys and Chinese rulers. Both Zhengs claimed rulership over Manila’s Chinese, but where Zheng Chenggong stated a right to direct rule over this population, Zheng Jing compromised by requesting changes to the Spanish laws which governed his “subjects” in the Philippines. These demands recall modern notions of citizenship and extraterritoriality, and provide a rare contemporary Chinese perspective on colonial Manila’s policies of ethnic segregation. The Zheng state’s active pressure, by contrast to Ming and Qing emperors’ customary disinterest in overseas Chinese, forced the Spanish to reduce their oppression of and reliance on the Chinese, but this also involved expelling thousands of migrants and enforcing long-ignored legal limits on immigration. I argue that this period of conflict clarified the Spaniard’s notion of where chinos fit into their empire’s particular ethno-legal system. This episode thus shows how the Chinese experience in the Philippines was shaped not just by European attitudes, but also by the nature of the Sangleys’ political links to China.


Subject Bank and judiciary appointments in the Philippines. Significance This year, President Rodrigo Duterte has the chance to shape the future of the Philippine economy and legal system through his power of appointments, with implications stretching well beyond the conclusion of his single presidential term in 2022. Who the president selects as the central bank's next governor will affect perceptions of the Philippines' political economy and market risk. Duterte's appointments to the Supreme Court will influence the outlook for the Philippines' judiciary and legal system. Impacts A politically motivated central bank governor appointment would put pressure on the Philippines peso and interest rates. The Supreme Court is likely to become more pro-Duterte, even though his two latest appointees will have short tenures. This is likely to diminish the success of legal challenges against the drug crackdown, insulating Duterte's team politically.


2017 ◽  
Vol 4 (2) ◽  
pp. 191
Author(s):  
Munsharif Abdul Chalim

This paper aims to examine the suitability between national law and international law in the regulation of natural resource use. In this paper used the normative juridical method, with primary data contains laws relating directly to international law, while secondary data in the form of journals or library references. The result obtained that Adjustment of the national legal system into a global legal system, it makes positive law becomes harmonious and uniform (harmony of law) and the adjustment of certain legal norms into a unity of global norm which later can be used as a means of dispute resolution. Harmonious and uniform can be achieved if global harmony of decisions are the same. The legal arrangements of the archipelago countries as reflected in the three points raised by the archipelago supporters which reflect the principles of the regime on waters of the archipelago as practiced by Indonesia and the Philippines. In these circumstances the only effort that can be made to unite the opinions in order to get a clear pattern is the consultation with various groups, both between themselves and between groups.


2018 ◽  
Author(s):  
Robert Pomeroy ◽  
Catherine A. Courtney

The Philippines has had a long and evolving history in marine tenure and marine resource management. This ranges from traditional tenure rights to some of the first community based fisheries tenure systems in the world to a legal system which supports marine tenure. Secure marine tenure and improved governance are enabling conditions for supporting sustainable small-scale fisheries to meet multiple development objectives. This article provides an overview of the Philippines context for marine tenure and small-scale fisheries. The article discusses both government and non-governmental initiatives on marine tenure. Recommendations are made to strengthen the current legal, policy and practical context of marine tenure in the Philippines in order to support sustainable small-scale fisheries.


2002 ◽  
Vol 17 (S2) ◽  
pp. S27
Author(s):  
Teodoro Javier Herbosa

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