WTO Structure, Functions and Roles in the Current International Business Scenario

The establishment of the World Trade Organization (WTO) as the successor to ,the GATT on 1 January 1995 under the Marrakesh Agreement places the global trading system on a firm constitutional footing with the evolution of international economic legislation resulted through the Uruguay Round of GATT negotiations.

A remarkable feature of the Uruguay Round was that it paved the way for further liberalization of international trade with the fundamental shift from the negotiation approach to the institutional framework envisaged through transition from GATT to WTO Agreement.

The GATT 1947 and the WTO co-existed for the transitional period of one year in 1994. In January 1995, however, the WTO completely replaced the GATT. The membership of the WTO increased from 77 in 1995 to 127 by the end of 1996.

Structure of the World Trade Organization (WTO)

The organizational structure of the WTO is outlined in the Chart 1.

The Ministerial Conference (MC) is at the top of the structural organization of the WTO. It is the supreme governing body which takes ultimate decisions on all matters. It is constituted by representatives of (usually, Ministers of Trade) all the member countries.

The General Council (GC) is composed of the representatives of all the members. It is the real engine of the WTO which acts on behalf of the MC. It also acts as the Dispute Settlement Body as well as the Trade Policy Review Body.

There are three councils, viz.: the Council for Trade in Services and the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) operating under the GC. These councils with their subsidiary bodies carry out their specific responsibilities

Further, there are three committees, viz., the Committee on Trade and Development (CTD), the Committee on Balance of Payments Restrictions (CBOPR), and the Committee on Budget, Finance and Administration (CF A) which execute the functions assigned to them by e WTO Agreement and the GC.

The administration of the WTO is conducted by the Secretariat which is headed by the Director General (DG) appointed by the MC for the tenure of four years. He is assisted by the four Deputy Directors from different member countries. The annual budget estimates and financial statement of the WTO are presented by the DG to the CBFA for review and recommendations for the final approval by the GC.

Functions of the World Trade Organization (WTO)

The WTO consisting a multi-faced normative framework: comprising institutional substantive and implementation aspects.

The major functions of the WTO are as follows:

  1. To lay-down a substantive code of conduct aiming at reducing trade barriers including tariffs and eliminating discrimination in international trade relations.
  2. To provide the institutional framework for the administration of the substantive code which encompasses a spectrum of norms governing the conduct of member countries in the arena of global trade.
  3. To provide an integrated structure of the administration, thus, to facilitate the implementation, administration and fulfillment of the objectives of the WTO Agreement and other Multilateral Trade Agreements.
  4. To ensure the implementation of the substantive code.
  5. To act as a forum for the negotiation of further trade liberalization.
  6. To cooperate with the IMF and WB and its associates for establishing a coherence in trade policy-making.
  7. To settle the trade-related disputes.

Features of the WTO

The distinctive features of the WTO are:

(i) It is a legal entity

(ii) World Bank (WB) it is not an agent of the United Nations.

(iii) Unlike the IMF and the World Bank, there is no weighted voting, but all the WTO members have equal rights.

(iv) Unlike the GATT, the agreements under the WTO are permanent and binding to the member countries.

(v) Unlike the GATT, the WTO dispute settlement system is based not on dilatory but automatic mechanism. It is also quicker and binding on the members. As such, the WTO is a powerful body.

(vi) Unlike the GATT, the WTOs approach is rule- based and time-bound.

(vii) Unlike the GATT, the WTOs have a wider coverage. It covers trade in goods as well as services.

(viii) Unlike the GATT, the WTOs have a focus on trade-related aspects of intellectual property rights and several other issues of agreements.

(ix) Above all, the WTO is a huge organizational body with a large secretariat.

Objectives of the WTO

The purposes and objectives of the WTO are spelled out in the preamble to the Marrakesh Agreement.

In a nutshell, these are:

  1. To ensure the reduction of tariffs and other barriers to trade.
  2. To eliminate discriminatory treatment in international trade relations.
  3. To facilitate higher standards of living, full employment, a growing volume of real income and effective demand, and an increase in production and trade in goods and services of the member nations.
  4. To make positive effect, which ensures developing countries, especially the least developed secure a level of share in the growth of international trade that reflects the needs of their economic development.
  5. To facilitate the optimal use of the world’s resources for sustainable development.
  6. To promote an integrated, more viable and durable trading system incorporating all the resolutions of the Uruguay Round’s multilateral trade negotiations.

Above all, to ensure that linkages trade policies, environmental policies with sustainable growth and development are taken care of by the member countries in evolving a new economic order.

Business Features and Scope

Business refers to the organized efforts of individuals or entities to produce, buy, or sell goods and services to earn a profit. It involves various activities such as production, marketing, finance, and operations, aiming to meet customer needs and generate value. Businesses range from small, local shops to large multinational corporations, spanning diverse sectors like retail, technology, and manufacturing. Beyond profit, businesses contribute to economic growth, create employment, and foster innovation. Successful businesses adapt to market demands, embrace ethical practices, and contribute positively to society and the economy.

Features of Business:

  1. Economic Activity

Business is fundamentally an economic activity focused on producing goods or services to satisfy consumer needs. It involves creating value through transactions that generate profit, contributing to the economic stability and growth of a society.

  1. Profit Motive

The primary objective of most businesses is to earn a profit, which enables sustainability, growth, and reinvestment. Profit serves as a reward for the risks taken by the business owner and as a measure of the business’s success.

  1. Exchange of Goods and Services

Business involves the exchange of goods and services between buyers and sellers. This exchange occurs in various markets, from local shops to international e-commerce platforms, ensuring that consumers have access to the products they need.

  1. Risk and Uncertainty

All businesses face a certain level of risk, including economic downturns, market changes, or competition. Entrepreneurs and companies navigate these uncertainties with strategies like innovation, market research, and financial planning to mitigate potential losses.

  1. Regularity of Transactions

A defining feature of business is the continuity of transactions. Regular buying and selling activities distinguish a business from occasional trades, ensuring consistent operations and market presence over time.

  1. Customer Satisfaction

Meeting customer needs and preferences is essential for business success. Satisfied customers are more likely to return, recommend the business to others, and contribute to long-term profitability. Many companies prioritize customer service, quality, and convenience to build loyalty.

  1. Creation of Utility

Businesses create utility by transforming raw materials into valuable products, delivering them to consumers, or providing essential services. Through form, place, and time utilities, businesses increase the product’s value to customers, fulfilling specific demands effectively.

  1. Investment of Capital

Businesses require capital for establishment, operations, and growth. This capital, whether in the form of financial assets, property, or machinery, funds the production process and day-to-day activities. Proper capital management is crucial for financial stability and expansion.

  1. Dynamic and Evolving Nature

The business environment is constantly changing due to factors like technology, consumer trends, and global market shifts. Successful businesses adapt to these changes by innovating, investing in new technologies, and adjusting strategies to stay relevant and competitive.

  1. Social Responsibility

Businesses today are increasingly aware of their impact on society and the environment. Corporate social responsibility (CSR) initiatives focus on ethical practices, sustainability, and community welfare, recognizing that socially responsible businesses build trust, improve brand reputation, and contribute to a positive societal impact.

Scope of Business:

  1. Production and Manufacturing

The production and manufacturing aspect of business involves transforming raw materials into finished goods or services. This process includes research and development (R&D), quality control, and optimization of production techniques. Efficient production is critical for creating valuable products that meet consumer demands.

  1. Marketing and Sales

Marketing and sales activities are essential to promote and distribute products to consumers. This scope includes market research, advertising, branding, and customer relationship management. Effective marketing strategies help businesses identify target markets, understand consumer behavior, and establish brand loyalty.

  1. Finance and Accounting

Finance and accounting encompass activities related to managing business finances. This area includes budgeting, financial planning, cost analysis, and managing cash flow. Proper financial management ensures profitability, sustainability, and compliance with regulations, enabling businesses to make informed investment decisions.

  1. Human Resource Management

Human resource management (HRM) involves recruiting, training, and developing employees to align with organizational goals. HRM also handles employee benefits, performance appraisal, and compliance with labor laws. Effective HR practices contribute to a motivated and skilled workforce, enhancing productivity and organizational culture.

  1. Operations Management

Operations management focuses on the day-to-day activities needed to produce goods and services efficiently. It includes managing supply chains, inventory, logistics, and quality assurance. Effective operations streamline production, minimize waste, and enhance customer satisfaction by ensuring timely delivery of products.

  1. Research and Development (R&D)

R&D is vital for innovation, product improvement, and adapting to market changes. Through R&D, businesses explore new technologies, improve existing products, and develop solutions that cater to evolving consumer needs. Investing in R&D helps businesses remain competitive and relevant in their industry.

  1. Customer Service

Customer service is essential for maintaining positive relationships with customers. This area includes post-purchase support, handling complaints, and providing product-related assistance. Quality customer service enhances customer satisfaction, promotes brand loyalty, and positively impacts business reputation.

  1. Legal and Regulatory Compliance

Businesses must comply with laws and regulations, including employment laws, environmental policies, and financial reporting standards. Legal compliance ensures that businesses operate within the law, protecting them from legal disputes and penalties, and promoting ethical practices within the organization.

  1. Corporate Social Responsibility (CSR)

Corporate social responsibility focuses on ethical practices and community involvement. Through CSR, businesses contribute to social and environmental causes, such as sustainability initiatives, charitable donations, and employee volunteering. CSR builds goodwill, enhances brand image, and shows the company’s commitment to positive societal impact.

Cooperatives Company, Features, Types, Advantages and Disadvantages

Co-operative Organization is an association of persons, usually of limited means, who have vol­untarily joined together to achieve a common eco­nomic end through the formation of a democrati­cally controlled organization, making equitable dis­tributions to the capital required, and accepting a fair share of risk and benefits of the undertaking.

The word ‘co-operation’ stands for the idea of living together and working together. Cooperation is a form of business organization the only sys­tem of voluntary organization suitable for poorer people. It is an organization wherein persons vol­untarily associate together as human beings on a basis of equality, for the promotion of economic in­terests of themselves.

Characteristics/Features of Cooperative Organization:

  1. Voluntary Association

A cooperative so­ciety is a voluntary association of persons and not of capital. Any person can join a cooperative soci­ety of his free will and can leave it at any time. When he leaves, he can withdraw his capital from the so­ciety. He cannot transfer his share to another person.

The voluntary character of the cooperative as­sociation has two implications:

(i) None will be denied the right to become a member and

(ii) The cooperative society will not compete anybody to become a member.

  1. Spirit of Cooperation

The spirit of coop­eration works under the motto, ‘each for all and all for each.’ This means that every member of a co­operative organization shall work in the general interest of the organization as a whole and not for his self-interest. Under cooperation, service is of supreme importance and self-interest is of second­ary importance.

  1. Democratic Management

An individual member is considered not as a capitalist but as a human being and under cooperation, economic equality is fully ensured by a general rule—one man one vote. Whether one contributes 50 rupees or 100 rupees as share capital, all enjoy equal rights and equal duties. A person having only one share can even become the president of cooperative society.

  1. Capital

Capital of a cooperative society is raised from members through share capital. Coop­eratives are formed by relatively poorer sections of society; share capital is usually very limited. Since it is a part of govt. policy to encourage coopera­tives, a cooperative society can increase its capital by taking loans from the State and Central Coop­erative Banks.

  1. Fixed Return on Capital

In a cooperative organization, we do not have the dividend hunting element. In a consumers’ cooperative store, return on capital is fixed and it is usually not more than 12 p.c. per annum. The surplus profits are distrib­uted in the form of bonus but it is directly connected with the amount of purchases by the member in one year.

  1. Cash Sale

In a cooperative organization “cash and carry system” is a universal feature. In the absence of adequate capital, grant of credit is not possible. Cash sales also avoided risk of loss due to bad debts and it could also encourage the habit of thrift among the members.

  1. Moral Emphasis

A cooperative organization generally originates in the poorer section of population; hence more emphasis is laid on the de­velopment of moral character of the individual member. The absence of capital is compensated by honesty, integrity and loyalty. Under cooperation, honesty is regarded as the best security. Thus co­operation prepares a band of honest and selfless workers for the good of humanity.

  1. Corporate Status

A cooperative associa­tion has to be registered under the separate legisla­tion—Cooperative Societies Act. Every society must have at least 10 members. Registration is desirable. It gives a separate legal status to all cooperative organizations just like a company. It also gives ex­emptions and privileges under the Act.

Types of Cooperatives Company:

  1. Cooperative Credit Societies

Cooperative Credit Societies are voluntary associations of peo­ple with moderate means formed with the object of extending short-term financial accommodation to them and developing the habit of thrift among them.

Germany is the birth place of credit coopera­tion. Credit cooperation was born in the middle of the 19th century. Rural credit cooperative societies were started in the villages to solve the problem of agricultural finance.

The village societies were fed­erated into central cooperative banks and central cooperative banks federated into the apex of state cooperative banks. Thus rural cooperative finance has a federal structure like a pyramid. The primary society is the base. The central bank in the middle and the apex bank in the top of the structure. The members of the primary society are villagers.

In the similar manner urban cooperative credit societies were started in India. These urban coop­erative banks look after the financial needs of arti­sans and labour population of the towns. These urban cooperative banks are based on limited li­ability while the village cooperative societies are based on unlimited liability.

National Bank for Agriculture and Rural De­velopment (NABARD) has been established with an Authorised Capital of Rs. 500 crores. It will act as an Apex Agricultural Bank for disbursement of agricultural credit and for implementation of the programme of integrated rural development. It is jointly owned by the Central Govt. and the Reserve Bank of India.

  1. Consumers’ Cooperative Societies

28 Rochedale Pioneers in Manchester in UK laid the foundation for the Consumers’ Cooperative Move­ment in 1844 and paved the way for a peaceful revo­lution. The Rochedale Pioneers who were mainly weavers, set an example by collective purchasing and distribution of consumer goods at bazar rates and for cash price and by declaration of bonus at the end of the year on the purchase made.

Their example has brought a revolution in the purchase and sale of consumer goods by eliminating profit motive and introducing in its place service motive. In India, consumers’ cooperatives have re­ceived impetus from the govt, attempts to check rise in prices of consumer goods.

  1. Producers’ Cooperatives

It is said that the birth of Producers’ Cooperatives took place in France in the middle of 19th century. But it did not make satisfactory progress.

Producers’ Cooperatives, also known as indus­trial cooperatives, are voluntary associations of small producers formed with the object of elimi­nating the capitalist class from the system of in­dustrial production. These societies produce goods for meeting the requirements of consumers. Some­times their production may be sold to outsiders at a profit.

There are two types of producers’ cooperatives. In the first type, producer-members produce indi­vidually and not as employees of the society. The society supplies raw materials, chemicals, tools and equipment’s to the members. The members are sup­posed to sell their individual products to the soci­ety.

In the second type of such societies, the member-producers are treated as employees of the soci­ety and are paid wages for their work.

  1. Housing Cooperatives

Housing coopera­tives are formed by persons who are interested in making houses of their own. Such societies are formed mostly in urban areas. Through these soci­eties persons who want to have their own houses secure financial assistance.

  1. Cooperative Farming Societies

The coop­erative farming societies are basically agricultural cooperatives formed for the purpose of achieving the benefits of large scale farming and maximizing agricultural output. Such societies are encouraged in India to overcome the difficulties of subdivision and fragmentation of holdings in the country.

Advantages of Cooperatives Company:

  • Economical Operations:

The operation of a cooperative society is quite economical due to elimination of middlemen and the voluntary services provided by its members.

  • Open Membership:

Membership in a cooperative organisation is open to all people having a common interest. A person can become a member at any time he likes and can leave the society at any time by returning his shares, without affecting its continuity.

  • Easy to Form:

A cooperative society is a voluntary association and may be formed with a minimum of ten adult members. Its registration is very simple and can be done without much legal formalities.

  • Democratic Management:

A cooperative society is managed in a democratic manner. It is based on the principle of ‘one man one vote’. All members have equal rights and can have a voice in its management.

  • Limited Liability:

The liability of the members of a co-operative society is limited to the extent of capital contributed by them. They do not have to bear personal liability for the debts of the society.

  • Government Patronage:

Government gives all kinds of help to co-operatives, such as loans at lower rates of interest and relief in taxation.

  • Low Management Cost:

Some of the expenses of the management are saved by the voluntary services rendered by the members. They take active interest in the working of the society. So, the society is not required to spend large amount on managerial personnel.

  • Stability:

A co-operative society has a separate legal existence. It is not affected by the death, insolvency, lunacy or permanent incapacity of any of its members. It has a fairly stable life and continues to exist for a long period.

  • Mutual Co-Operation:

Cooperative societies promote the spirit of mutual understanding, self-help and self-government. They save weaker sections of the society from exploitation by the rich. The underlying principle of co-operation is “self-help through mutual help.”

  • Economic Advantages:

Cooperative societies provide loans for productive purposes and financial assistance to farmers and other lower income earning people.

  • Other Benefits:

Cooperative societies are exempted from paying registration fees and stamp duties in some states. These societies have priority over other creditors in realising its dues from the debtors and their shares cannot be decreed for the realisation of debts.

  • No Speculation:

The share is always open to new members. The shares of co­operative society are not sold at the rates higher than their par values. Hence, it is free from evils of speculation in share values.

Disadvantages of Cooperatives Company:

  • Over reliance on Government funds

Co-operative societies are not able to raise their own resources. Their sources of financing are limited and they depend on government funds. The funding and the amount of funds that would be released by the government are uncertain. Therefore, co-operatives are not able to plan their activities in the right manner.

  • Limited funds

Co-operative societies have limited membership and are promoted by the weaker sections. The membership fees collected is low. Therefore, the funds available with the co-operatives are limited. The principle of one-man one-vote and limited dividends also reduce the enthusiasm of members. They cannot expand their activities beyond a particular level because of the limited financial resources.

  • Benefit to Rural rich

Co-operatives have benefited the rural rich and not the rural poor. The rich people elect themselves to the managing committee and manage the affairs of the co-operatives for their own benefit.

The agricultural produce of the small farmers is just sufficient to fulfill the needs of their family. They do not have any surplus to market. The rich farmers with vast tracts of land, produce in surplus quantities and the services of co-operatives such as processing, grading, correct weighment and fair prices actually benefit them.

  • Imposed by Government

In the Western countries, co-operative societies were voluntarily started by the weaker sections. The objective is to improve their economic status and protect themselves from exploitation by businessmen. But in India, the co-operative movement was initiated and established by the government. Wide participation of people is lacking. Therefore, the benefit of the co-operatives has still not reached many poorer sections.

  • Lack of Managerial skills

Co-operative societies are managed by the managing committee elected by its members. The members of the managing committee may not have the required qualification, skill or experience. Since it has limited financial resources, its ability to compensate its employees is also limited. Therefore, it cannot employ the best talent.

  • Inadequate Rural Credit

Co-operative societies give loans only for productive purposes and not for personal or family expenses. Therefore, the rural poor continue to depend on the money lenders for meeting expenses of marriage, medical care, social commitments etc. Co-operatives have not been successful in freeing the rural poor from the clutches of the money lenders.

  • Government regulation

Co-operative societies are subject to excessive government regulation which affects their autonomy and flexibility. Adhering to various regulations takes up much of the management’s time and effort.

  • Misuse of funds

If the members of the managing committee are corrupt, they can swindle the funds of the co-operative society. Many cooperative societies have faced financial troubles and closed down because of corruption and misuse of funds.

  • Inefficiencies leading to losses

Co-operative societies operate with limited financial resources. Therefore, they cannot recruit the best talent, acquire latest technology or adopt modern management practices. They operate in the traditional mold which may not be suitable in the modern business environment and therefore suffer losses.

  • Lack of Secrecy

Maintenance of business secrets is the key for the competitiveness of any business organization. But business secrets cannot be maintained in cooperatives because all members are aware of the activities of the enterprise. Further, reports and accounts have to be submitted to the Registrar of Co-operative Societies. Therefore, information relating to activities, revenues, members etc becomes public knowledge.

  • Conflicts among members

Cooperative societies are based on the principles of co-operation and therefore harmony among members is important. But in practice, there might be internal politics, differences of opinions, quarrels etc. among members which may lead to disputes. Such disputes affect the functioning of the co-operative societies.

  • Limited scope

Co-operative societies cannot be introduced in all industries. Their scope is limited to only certain areas of enterprise. Since the funds available are limited they cannot undertake large scale operations and is not suitable in industries requiring large investments.

  • Lack of Accountability

Since the management is taken care of by the managing committee, no individual can be made accountable for in efficient performance. There is a tendency to shift responsibility among the members of the managing committee.

  • Lack of Motivation

Members lack motivation to put in their whole hearted efforts for the success of the enterprise. It is because there is very little link between effort and reward. Co-operative societies distribute their surplus equitably to all members and not based on the efforts of members. Further there are legal restrictions regarding dividend and bonus that can be distributed to members.

  • Low public confidence

Public confidence in the co-operative societies is low. The reason is, in many of the co-operatives there is political interference and domination. The members of the ruling party dictate terms and therefore the purpose for which cooperatives are formed is lost.

Strengths, Weakness, Opportunities, Threats (SWOT Analysis)

SWOT Analysis is a strategic planning tool used to identify an organization’s internal strengths and weaknesses, as well as external opportunities and threats. It involves assessing factors within the organization’s control, such as resources, capabilities, and processes, to determine competitive advantages and areas needing improvement. Additionally, SWOT analysis evaluates external factors like market trends, competitor actions, and regulatory changes to uncover potential avenues for growth and challenges to address. By synthesizing this information, organizations can develop strategies to capitalize on strengths, mitigate weaknesses, exploit opportunities, and defend against threats, ultimately enhancing their competitive position and guiding decision-making processes.

Elements of a SWOT analysis

1. Strengths:

Internal attributes and resources that give the organization a competitive advantage. These can include factors such as strong brand reputation, skilled workforce, proprietary technology, efficient processes, and financial stability.

2. Weaknesses:

Internal factors that place the organization at a disadvantage compared to competitors. Weaknesses may include areas such as limited resources, outdated technology, poor brand perception, inefficient processes, and lack of expertise or talent.

3. Opportunities:

External factors or trends in the business environment that the organization could exploit to its advantage. Opportunities may arise from market growth, emerging trends, technological advancements, changes in consumer preferences, or regulatory changes.

4. Threats:

External factors that could negatively impact the organization’s performance or pose risks to its success. Threats may come from factors such as intense competition, economic downturns, changing regulatory landscapes, disruptive technologies, or shifts in consumer behavior.

Factors affecting SWOT Analysis:

  • Scope and Objectives:

Clearly defining the scope and objectives of the analysis ensures that relevant factors are considered and that the analysis remains focused on its intended purpose.

  • Data Quality:

The accuracy and reliability of the data used in the analysis directly impact the validity of the findings. Using up-to-date, accurate, and comprehensive data sources is essential.

  • Perspective and Bias:

Different stakeholders may have varying perspectives and biases that influence their perception of the organization’s strengths, weaknesses, opportunities, and threats. It’s crucial to consider multiple viewpoints to ensure a balanced analysis.

  • Expertise and Knowledge:

The expertise and knowledge of the individuals conducting the analysis can affect the depth and insightfulness of the findings. Involving individuals with diverse backgrounds and expertise can enhance the quality of the analysis.

  • External Environment:

Changes in the external business environment, such as market trends, competitor actions, regulatory changes, economic conditions, and technological advancements, can impact the validity of the analysis. Regularly updating the analysis to reflect changes in the external environment is essential.

  • Internal Dynamics:

Internal factors such as organizational culture, leadership, resource allocation, and decision-making processes can influence the identification of strengths, weaknesses, opportunities, and threats. Understanding internal dynamics is crucial for conducting a realistic SWOT analysis.

  • Interrelationships:

Recognizing the interrelationships between different elements of the SWOT analysis is important for understanding how they interact and influence each other. For example, addressing a weakness may create opportunities, or exploiting an opportunity may mitigate a threat.

  • Time Constraints:

Time constraints can limit the depth and thoroughness of the analysis. It’s essential to allocate sufficient time and resources to conduct a comprehensive SWOT analysis effectively.

Benefits of SWOT Analysis:

  • Strategic Planning:

SWOT analysis provides a structured framework for organizations to assess their internal strengths and weaknesses, as well as external opportunities and threats. This information is invaluable for strategic planning, helping organizations align their resources and capabilities with their goals and objectives.

  • Improved Decision Making:

By identifying key factors influencing the organization’s performance and competitive position, SWOT analysis enables informed decision making. It helps organizations prioritize initiatives, allocate resources effectively, and capitalize on opportunities while mitigating potential risks.

  • Enhanced Competitive Positioning:

Understanding the organization’s strengths and weaknesses relative to competitors, as well as market opportunities and threats, enables organizations to develop strategies to enhance their competitive positioning. SWOT analysis helps organizations identify unique selling points, differentiate themselves in the market, and capitalize on competitive advantages.

  • Risk Management:

By identifying potential threats and weaknesses, SWOT analysis helps organizations anticipate risks and develop strategies to mitigate them. It enables proactive risk management, reducing the likelihood of negative impacts on the organization’s performance and reputation.

  • Facilitates Change Management:

SWOT analysis provides valuable insights into the internal and external factors affecting the organization, making it a useful tool for change management initiatives. It helps organizations anticipate resistance to change, identify areas requiring improvement, and develop strategies to overcome barriers to change.

  • Enhanced Communication and Alignment:

SWOT analysis fosters communication and alignment within the organization by providing a common understanding of the organization’s strengths, weaknesses, opportunities, and threats. It facilitates collaboration among stakeholders, promotes transparency in decision making, and ensures that everyone is working towards common goals and objectives.

Incorporation of Companies

The Incorporation of a company is the legal process of forming a company or corporate entity recognized under the law. In India, this process is governed by the Companies Act, 2013, and regulated by the Ministry of Corporate Affairs (MCA) through the Registrar of Companies (ROC). Incorporation is essential for granting a company its separate legal identity, allowing it to function independently of its shareholders, raise capital, sue and be sued, and engage in lawful business activities.

Meaning of Incorporation:

Incorporation refers to the registration of a company with the Registrar of Companies (ROC) to bring it into existence as a legal entity. Once incorporated, the company becomes a juristic person — it can own property, enter into contracts, and is liable for its debts. The process ensures that the company follows all the statutory compliances and operates within the framework of the law.

Types of Companies That Can Be Incorporated:

Under the Companies Act, 2013, companies can be incorporated in various forms depending on the objectives, size, liability structure, and capital. The major types are:

  1. Private Limited Company (Pvt Ltd)

    • Minimum 2 members and 2 directors

    • Maximum 200 members

    • Restricts transfer of shares

    • Cannot invite the public to subscribe to securities

  2. Public Limited Company (Ltd)

    • Minimum 7 members and 3 directors

    • No maximum limit on members

    • Can offer shares to the public

    • Requires more regulatory compliance

  3. One Person Company (OPC)

    • Single person acts as both shareholder and director

    • Suitable for small entrepreneurs

    • Limited liability protection

  4. Section 8 Company (Not-for-Profit)

    • Formed for charitable, social, educational, or religious purposes

    • Profits cannot be distributed as dividends

    • Requires prior approval from the Central Government

  5. Producer Company

    • Special type of company for farmers or agricultural producers

    • Governed by special provisions under the Companies Act

Advantages of Incorporation:

  • Separate legal identity

  • Limited liability of shareholders

  • Perpetual succession

  • Transferability of shares (in case of public companies)

  • Access to capital through equity or debt

  • Increased credibility and trust

Procedure for Incorporation of a Company in India:

The incorporation process involves several steps which must be completed online through the MCA21 portal (https://www.mca.gov.in/). The general steps are:

1. Obtain Digital Signature Certificate (DSC)

  • A Digital Signature Certificate (DSC) is mandatory for signing electronic documents filed with the ROC.

  • DSC is required for all proposed directors and subscribers.

  • It can be obtained from government-recognized certifying agencies such as eMudhra or Sify.

2. Obtain Director Identification Number (DIN)

  • DIN is a unique identification number for directors.

  • It can be obtained through the SPICe+ form during incorporation.

  • Proof of identity, proof of address, and photographs of the proposed directors are required.

3. Name Reservation (RUN or SPICe+ Part A)

  • Choose a unique name for the company.

  • Use the SPICe+ Part A form to apply for name reservation.

  • The proposed name must comply with Companies (Incorporation) Rules, 2014, and must not be identical or similar to existing company or trademark names.

4. Preparation of Incorporation Documents

The following documents need to be prepared and submitted:

  • Memorandum of Association (MOA): Outlines the objectives and scope of the company.

  • Articles of Association (AOA): Contains the rules and regulations for internal management.

  • Declaration by the directors (Form INC-9)

  • Consent to act as director (Form DIR-2)

  • Proof of office address

  • Identity and address proof of subscribers/directors

5. Filing of SPICe+ (Part B)

  • The SPICe+ form is an integrated form for incorporation.

  • It includes applications for incorporation, PAN, TAN, GST (optional), ESIC, EPFO, and bank account.

  • The documents prepared above are attached to this form.

  • Payment of prescribed government fees and stamp duty is made online.

6. Issue of Certificate of Incorporation (COI)

  • After verification, the Registrar of Companies issues a Certificate of Incorporation with the Corporate Identification Number (CIN).

  • The COI is conclusive proof of the company’s legal existence.

Documents Required for Incorporation:

For Directors and Subscribers:

  • PAN card

  • Aadhaar card or Voter ID/Passport/Driving License

  • Passport-size photograph

  • Proof of current address (utility bill, bank statement)

For Registered Office:

  • Electricity bill or property tax receipt

  • Rent agreement (if rented)

  • No Objection Certificate (NOC) from the property owner

Post-Incorporation Formalities:

After incorporation, the following activities are to be completed:

  1. Open a Current Bank Account in the name of the company using the Certificate of Incorporation, PAN, and board resolution.

  2. Commencement of Business (Form INC-20A)

    • Required for companies with share capital.

    • Must be filed within 180 days of incorporation.

  3. Maintain Statutory Registers

    • Register of members, directors, share certificates, etc.

  4. Appointment of Auditor

    • First auditor must be appointed within 30 days of incorporation.

  5. Apply for Other Registrations (if applicable)

    • GST registration if turnover exceeds threshold or for inter-state trade

    • Professional Tax, Shops & Establishments license, etc.

Time Frame for Incorporation:

Typically, incorporation may take 7–15 working days, provided all documents are in order. Online processing has made the procedure faster under the MCA’s simplified system.

Key Legal Provisions Under Companies Act, 2013L

  • Section 3: Defines the formation of a company

  • Section 4: Naming requirements and restrictions

  • Section 7: Procedure for incorporation and required documents

  • Section 12: Registered office and related compliances

  • Section 10A: Declaration for commencement of business

Role of Professionals:

While some businesses may choose to file forms themselves, it is advisable to seek assistance from Company Secretaries (CS), Chartered Accountants (CA), or legal professionals for accurate documentation, compliance, and legal structuring, especially for public companies or startups seeking investor funding.

Recent Reforms and Ease of Doing Business:

To improve India’s global ranking and encourage entrepreneurship, the government has introduced several reforms:

  • SPICe+ form combines multiple registrations in one go

  • AGILE-PRO form allows for GST, EPFO, ESIC, and bank account registration

  • Online PAN and TAN allotment at the time of incorporation

  • Zero MCA fees for companies with authorized capital up to ₹15 lakhs

These steps have simplified the process and made it more transparent, efficient, and cost-effective.

Doctrine of Indoor Management and exceptions

The Doctrine of Indoor Management is a legal principle that protects outsiders dealing with a company. It says that people dealing with a company in good faith are entitled to assume that the internal procedures and rules of the company have been properly followed, even if in reality they have not.

Origin

This doctrine was first established in the English case:

  • Royal British Bank v. Turquand (1856)

In this case, the court held that an outsider (the bank) could assume that the company had followed its internal rules in borrowing money, even though internal approvals were missing.

⚖ Legal Position in India

Indian courts have accepted this doctrine and applied it consistently. It is a counterbalance to the Doctrine of Constructive Notice, which binds outsiders to the public documents of the company (e.g., Memorandum and Articles of Association).

Key Features

  1. Protects outsiders who act in good faith.

  2. Assumes that internal procedures (e.g., board resolutions, approvals) have been complied with.

  3. Ensures business convenience and trust in corporate dealings.

  4. Especially important when companies do not disclose their internal governance openly.

Examples

  • If the Articles of Association say that borrowing must be approved by a resolution, and an officer borrows money, the lender can assume the resolution has been passed—even if it wasn’t—unless they had reason to doubt it.

  • A contract signed by a managing director is valid unless the outsider knows that the MD didn’t have the authority.

Exceptions to the Doctrine of Indoor Management

The protection offered by the doctrine is not absolute. There are important exceptions where the outsider cannot claim protection:

1. Knowledge of Irregularity

If the outsider knew about the internal irregularity, they cannot claim protection.

🧾 Example: A supplier knows that a manager is acting without board approval but still proceeds with the deal.

2. Suspicion of Irregularity

If the circumstances are suspicious and would make a reasonable person inquire further, failure to do so loses the protection.

🧾 Example: A company secretary signs a large contract alone, without any board member. This may raise suspicion.

3. Forgery

The doctrine does not apply to forgery. A forged document is void, and no one can rely on it, even in good faith.

🧾 Example: A forged share certificate issued by an employee is not binding on the company.

4. Acts Outside Apparent Authority

If the act done is clearly beyond the powers of the officer (ultra vires), the company is not bound.

🧾 Example: A clerk signing a loan agreement beyond their role.

5. Negligence by Outsider

If the outsider fails to verify facts when it is easy to do so, courts may not offer protection.

🧾 Example: Not checking the authority of a director for a high-value transaction.

Doctrine of Ultra-vires

The Doctrine of Ultra Vires is a fundamental principle of Company Law. It defines the legal boundaries within which a company must operate. The term “Ultra Vires” is derived from Latin, meaning “beyond the powers.” In legal terms, any act conducted by a company beyond the scope of its objectives defined in the Memorandum of Association (MOA) is termed as Ultra Vires and hence is void ab initio (invalid from the outset). This doctrine is a key safeguard for investors and creditors, ensuring that the company acts only within its legal capacity.

Origin of the Doctrine:

The doctrine was first established in the landmark English case Ashbury Railway Carriage and Iron Co. Ltd. v. Riche (1875). In this case, the company entered into a contract to finance the construction of a railway in Belgium, which was outside the scope of its MOA. The court held that since the contract was Ultra Vires the company, it was void, even if all shareholders agreed.

Legal Framework in India:

In India, the Doctrine of Ultra Vires is recognized under the Companies Act, 2013, especially concerning the MOA (Memorandum of Association). As per Section 4(1)(c) of the Act, the objects clause must define the main and ancillary objectives of the company. Any act beyond these objectives is deemed Ultra Vires and cannot be legally ratified.

Purpose of the Doctrine:

The main objectives of the Doctrine of Ultra Vires include:

  1. Protecting Investors: It ensures that the capital contributed by shareholders is used only for lawful and intended purposes.

  2. Protecting Creditors: Lenders and creditors are protected by ensuring the company does not engage in unauthorized ventures that could risk insolvency.

  3. Preventing Misuse of Power: Directors and officers are restricted from using company funds or authority for unintended activities.

Types of Ultra Vires Acts:

  • Ultra Vires the Company (Beyond MOA):

Any act not authorized by the MOA is completely void. Neither the shareholders nor directors can ratify such an act.

  • Ultra Vires the Directors but Intra Vires the Company:

If an act is within the MOA but beyond the authority of the directors, it can be ratified by the shareholders.

  • Ultra Vires the Articles but Intra Vires the Company:

Acts beyond the Articles of Association (AOA) but within the MOA can be altered by a special resolution.

Key Implications of the Doctrine:

  • Void and Inoperative

Ultra Vires contracts are void ab initio. No rights, liabilities, or obligations arise from such acts.

  • Directors’ Personal Liability

If directors engage in ultra vires acts, they can be held personally liable for the losses caused.

  • Injunction

Shareholders can apply for an injunction to prevent the company from performing ultra vires acts.

  • Property Acquired Ultra Vires

If a company acquires property under an ultra vires transaction, it can retain the property unless restitution is possible.

  • Borrowing Powers

If a company borrows funds beyond its authorized powers, it must repay the amount if it still possesses the money or assets bought.

Examples of Ultra Vires Acts:

  • A company whose MOA limits its business to textile manufacturing enters into real estate development — this is ultra vires the company.

  • If the directors enter into a foreign partnership without board approval, it is ultra vires the directors but not the company, and can be ratified.

Criticism of the Doctrine:

  • Too Rigid

It does not allow flexibility for businesses to respond to dynamic market conditions or diversify into new ventures.

  • Outdated in Modern Practice

Modern companies often include very broad objects clauses to avoid the constraints of ultra vires.

  • Can Lead to Inequity

Innocent third parties may suffer even when they act in good faith, as ultra vires contracts are unenforceable.

Current Position in India:

The Companies Act, 2013, has made the objects clause more flexible. Companies now often include broad objectives to reduce the risk of ultra vires actions. Section 245 also allows shareholders to file a class action suit if the company or its management acts beyond its authority.

Furthermore, Section 13 of the Act allows companies to alter the MOA through special resolutions, enabling them to expand their object clause to accommodate new activities — subject to approval from the Registrar of Companies (ROC).

Safeguards Against Ultra Vires Acts:

  • Well-Drafted MOA

Including a wide range of business objectives helps reduce ultra vires risk.

  • Legal Due Diligence

Companies should ensure all contracts and operations are in line with their registered objectives.

  • Board Oversight

Directors must stay updated and ensure compliance with the company’s charter documents.

  • Stakeholder Vigilance

Shareholders and creditors should monitor company actions through AGMs and audits.

Air Prevention and Control of Pollution Act 1981

Air (Prevention and Control of Pollution) Act, 1981 was enacted in India to address the pressing issue of air pollution and to provide a framework for the prevention, control, and abatement of air pollution. The Act aims to protect and improve the quality of air in the country and to prevent and control air pollution that may harm human health, flora, fauna, and property.

Objectives of the Air (Prevention and Control of Pollution) Act, 1981

The primary objectives of the Air (Prevention and Control of Pollution) Act are as follows:

  1. Prevention of Air Pollution:

Act aims to prevent air pollution by regulating emissions from industrial sources, vehicles, and other activities that may contribute to air quality degradation.

  1. Control of Air Quality:

It establishes standards for the quality of air to ensure that the atmosphere remains safe for human health and the environment.

  1. Establishment of Regulatory Authorities:

Act mandates the establishment of Central and State Pollution Control Boards (CPCB and SPCBs) to monitor air quality, enforce standards, and implement pollution control measures.

  1. Promotion of Sustainable Practices:

It encourages industries and individuals to adopt sustainable practices that minimize emissions and contribute to a cleaner environment.

  1. Public Awareness and Participation:

Act aims to create public awareness about air pollution and its effects, encouraging citizen participation in monitoring and reporting pollution.

  1. Legal Framework for Action:

It provides a legal framework for taking action against offenders who violate air quality standards and engage in practices that contribute to air pollution.

Important Provisions of the Air (Prevention and Control of Pollution) Act, 1981

Act includes several important provisions that outline the responsibilities of various stakeholders, define pollution control measures, and establish penalties for non-compliance.

  • Definition of Key Terms:

Act defines important terms such as “air pollutant,” “emission,” and “pollution control equipment,” providing clarity for enforcement and compliance.

  • Establishment of Pollution Control Boards:

Act mandates the establishment of the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to monitor air quality, set standards, and enforce compliance.

  • Powers of the Pollution Control Boards:

CPCB and SPCBs are empowered to inspect premises, collect samples, and conduct investigations to assess compliance with air quality standards.

  • Standards for Air Quality:

Act empowers the CPCB to set and revise standards for air quality, taking into account scientific research and technological advancements.

  • Consent for Emissions:

Industries and other entities that emit air pollutants are required to obtain prior consent from the relevant Pollution Control Board. This consent specifies the permissible limits of emissions.

  • Emission Control Measures:

Act mandates industries to install pollution control devices and adopt best practices to minimize emissions. Failure to comply may lead to penalties and legal actions.

  • Penalties for Violations:

Act prescribes penalties for non-compliance, including fines and imprisonment for individuals or entities that violate air quality standards or fail to obtain necessary consents.

  • Research and Development:

Act encourages research and development in pollution control technologies and practices to promote sustainable air quality management.

  • Public Participation and Awareness:

Act emphasizes the importance of public involvement in monitoring air quality and reporting violations, fostering a sense of community responsibility towards pollution control.

  • Appeals and Legal Proceedings:

Act provides a mechanism for appealing against the orders of the Pollution Control Boards. Affected parties can approach the National Green Tribunal (NGT) or other judicial forums for redressal.

Implementation Mechanism

To ensure effective implementation of the Air (Prevention and Control of Pollution) Act, the following mechanisms are in place:

  • Central and State Pollution Control Boards:

CPCB and SPCBs are responsible for monitoring air quality, setting standards, conducting inspections, and enforcing compliance across different sectors.

  • Environmental Impact Assessment (EIA):

Industries are required to conduct an Environmental Impact Assessment before establishing new projects, evaluating the potential impact on air quality and the environment.

  • Monitoring and Reporting:

Regular monitoring of air quality in urban and rural areas is conducted to assess compliance with standards. Industries must submit periodic reports on emissions and pollution control measures.

  • Capacity Building:

The government and pollution control boards conduct training programs and workshops to enhance the capacity of industries, local bodies, and communities in managing air quality sustainably.

Challenges in Air Quality Management

Despite the comprehensive framework established by the Air (Prevention and Control of Pollution) Act, several challenges persist in effectively managing air quality in India:

  • Rapid Urbanization:

Rapid urbanization and industrial growth have led to increased emissions from vehicles and industries, exacerbating air quality issues in many regions.

  • Lack of Awareness:

Many industries and communities remain unaware of their responsibilities under the Act, leading to non-compliance and environmental degradation.

  • Insufficient Infrastructure:

Inadequate monitoring infrastructure and resources within pollution control authorities can hinder effective air quality management.

  • Coordination Among Stakeholders:

Fragmented responsibilities among various government agencies can result in inefficiencies in managing air quality issues.

  • Emerging Pollutants:

The rise of emerging pollutants, such as particulate matter and volatile organic compounds (VOCs), poses new challenges that require updated regulatory frameworks and innovative solutions.

Recent Developments and Amendments

In response to the growing challenges of air pollution, the Air (Prevention and Control of Pollution) Act has been amended and updated over the years. Recent developments include:

  • National Clean Air Programme (NCAP):

Launched in 2019, the NCAP aims to reduce air pollution levels across Indian cities through a multi-sectoral approach, including regulatory measures, public awareness, and technology promotion.

  • Strengthening of Pollution Control Boards:

The government has been working towards strengthening the capabilities of CPCB and SPCBs by providing them with additional resources, training, and infrastructure to enhance their effectiveness.

  • Focus on Compliance:

Increased emphasis on compliance and enforcement measures has been introduced, with stricter penalties for violations and a focus on monitoring emissions from both industries and vehicles.

Theories of International Trade

International trade allows countries to expand their markets for both goods and services that otherwise may not have been available domestically. As a result of international trade, the market contains greater competition, and therefore more competitive prices, which brings a cheaper product home to the consumer.

International trade gives rise to a world economy, in which supply and demand, and therefore prices, both affect and are affected by global events. Political change in Asia, for example, could result in an increase in the cost of labor, thereby increasing the manufacturing costs for an American sneaker company based in Malaysia, which would then result in an increase in the price charged at your local mall. A decrease in the cost of labor, on the other hand, would likely result in you having to pay less for your new shoes.

A product that is sold to the global market is called an export, and a product that is bought from the global market is an import. Imports and exports are accounted for in a country’s current account in the balance of payments.

Theories of International Trade

Classical Country- Based Theories

Modern Firm-Based Theories

Mercantilism Country Similarity
Absolute Advantages Product lifecycles
Comparative Advantage Global Strategic Rivalry
Heckscher-Ohlin Porter’s National Competitive Advantages

Mercantilism

According to Wild, 2000, the trade theory that state that nations ought to accumulate money wealth, typically within the style of gold, by encouraging exports and discouraging imports is termed mercantilism. In line with this theory different measures of countries’ well being, like living standards or human development, area unit tangential mainly Great britain, France, Holland, Portuguese Republic and Spain used mercantilism throughout the 1500s to the late 1700s.

Mercantilistic countries experienced the alleged game, that meant that world wealth was restricted which countries solely may increase their share at expense of their neighbours. The economic development was prevented once the mercantilistic countries paid the colonies very little for export and charged them high value for import. The most downside with mercantilism is that every one country engaged in export however was restricted from import, another hindrance from growth of international trade.

Absolute Advantage

The Scottish social scientist Smith developed the trade theory of absolute advantage in 1776. A rustic that has associate absolute advantage produces larger output of a decent or service than different countries mistreatment an equivalent quantity of resources. Smith declared that tariffs and quotas mustn’t limit international trade it ought to be allowed to flow in step with economic process. Contrary to mercantilism Smith argued that a rustic ought to focus on production of products within which it holds associate absolute advantage. No country then ought to turn out all the products it consumed. The speculation of absolute advantage destroys the mercantilistic concept that international trade could be a game. In step with absolutely the advantage theory, international trade could be a positive-sum game, as a result of there are gains for each countries to associate exchange. In contrast to mercantilism this theory measures the nation’s wealth by the living standards of its folks and not by gold and silver.

There’s a possible drawback with absolute advantage. If there’s one country that doesn’t have associate absolute advantage within the production of any product, can there still be profit to trade, and can trade even occur. The solution is also found within the extension of absolute advantage, the speculation of comparative advantage.

Comparative Advantage

The most basic idea within the whole of international trade theory is that the principle of comparative advantage, first introduced by economist David Ricardo in 1817. It remains a serious influence on a lot of international foreign policy and is thus necessary in understanding the fashionable international economy. The principle of comparative advantage states that a rustic ought to specialize in manufacturing and exportation those merchandise during which is includes a comparative, or relative price, advantage compared with different countries and will import those merchandise during which it’s a comparative disadvantage. Out of such specialization, it’s argued, can accrue larger profit for all.

During this theory there square measure many assumptions that limit the real-world application. The idea that countries square measure driven solely by the maximization of production and consumption and not by problems out of concern for employees or customers may be a mistake.

Heckscher-Ohlin theory

In the early decade a world trade theory referred to as issue proportions theory emerged by two Swedish economists, Eli Heckscher and Bertil Ohlin. This theory is additionally referred to as the Heckscher-Ohlin theory. The Heckscher-Ohlin theory stress that countries ought to turn out and export merchandise that need resources that area unit well endowed and import merchandise that need resources in brief provide. This theory differs from the theories of comparative advantage and absolute advantage since these theory focuses on the production of the assembly method for a selected smart. On the contrary, the Heckscher-Ohlin theory states that a rustic ought to specialize production and export victimization the factors that area unit most well endowed, and so the most cost effective. Not turn out, as earlier theories declared, the products it produces most expeditiously.

The Heckscher-Ohlin theory is most well-liked to the Ricardo theory by several economists, as a result of it makes fewer simplifying assumptions. In 1953, economic expert revealed a study, wherever he tested the validity of the Heckscher-Ohlin theory. The study showed that the U.S was additional well endowed in capital compared to alternative countries, thus the U.S would export capital- intensive merchandise and import labor-intensive merchandise. Wassily Leontief observed that the U.S’s export was less capital intensive than import.

Modern or Firm-Based Trade Theories

In contrast to classical, country-based trade theories, the category of modern, firm-based theories emerged after World War II and was developed in large part by business school professors, not economists. The firm-based theories evolved with the growth of the multinational company (MNC). The country-based theories couldn’t adequately address the expansion of either MNCs or intraindustry trade, which refers to trade between two countries of goods produced in the same industry. For example, Japan exports Toyota vehicles to Germany and imports Mercedes-Benz automobiles from Germany.

Unlike the country-based theories, firm-based theories incorporate other product and service factors, including brand and customer loyalty, technology, and quality, into the understanding of trade flows.

(i) Country Similarity Theory

Swedish economist Steffan Linder developed the country similarity theory in 1961, as he tried to explain the concept of intraindustry trade. Linder’s theory proposed that consumers in countries that are in the same or similar stage of development would have similar preferences. In this firm-based theory, Linder suggested that companies first produce for domestic consumption. When they explore exporting, the companies often find that markets that look similar to their domestic one, in terms of customer preferences, offer the most potential for success. Linder’s country similarity theory then states that most trade in manufactured goods will be between countries with similar per capita incomes, and intraindustry trade will be common. This theory is often most useful in understanding trade in goods where brand names and product reputations are important factors in the buyers’ decision-making and purchasing processes.

(ii) Product Life Cycle Theory

Raymond Vernon, a Harvard Business School professor, developed the product life cycle theory in the 1960s. The theory, originating in the field of marketing, stated that a product life cycle has three distinct stages: (1) new product, (2) maturing product, and (3) standardized product. The theory assumed that production of the new product will occur completely in the home country of its innovation. In the 1960s this was a useful theory to explain the manufacturing success of the United States. US manufacturing was the globally dominant producer in many industries after World War II.

It has also been used to describe how the personal computer (PC) went through its product cycle. The PC was a new product in the 1970s and developed into a mature product during the 1980s and 1990s. Today, the PC is in the standardized product stage, and the majority of manufacturing and production process is done in low-cost countries in Asia and Mexico.

The product life cycle theory has been less able to explain current trade patterns where innovation and manufacturing occur around the world. For example, global companies even conduct research and development in developing markets where highly skilled labor and facilities are usually cheaper. Even though research and development is typically associated with the first or new product stage and therefore completed in the home country, these developing or emerging-market countries, such as India and China, offer both highly skilled labor and new research facilities at a substantial cost advantage for global firms.

(iii) Global Strategic Rivalry Theory

Global strategic rivalry theory emerged in the 1980s and was based on the work of economists Paul Krugman and Kelvin Lancaster. Their theory focused on MNCs and their efforts to gain a competitive advantage against other global firms in their industry. Firms will encounter global competition in their industries and in order to prosper, they must develop competitive advantages. The critical ways that firms can obtain a sustainable competitive advantage are called the barriers to entry for that industry. The barriers to entry refer to the obstacles a new firm may face when trying to enter into an industry or new market. The barriers to entry that corporations may seek to optimize include:

  • Research and development,
  • The ownership of intellectual property rights,
  • Economies of scale,
  • Unique business processes or methods as well as extensive experience in the industry, and
  • The control of resources or favorable access to raw materials.

(iv) Porter’s National Competitive Advantage Theory

In the continuing evolution of international trade theories, Michael Porter of Harvard Business School developed a new model to explain national competitive advantage in 1990. Porter’s theory stated that a nation’s competitiveness in an industry depends on the capacity of the industry to innovate and upgrade. His theory focused on explaining why some nations are more competitive in certain industries. To explain his theory, Porter identified four determinants that he linked together. The four determinants are, local market resources and capabilities, local market demand conditions, local suppliers and complementary industries, and local firm characteristics.

  • Local market resources and capabilities (factor conditions). Porter recognized the value of the factor proportions theory, which considers a nation’s resources (e.g., natural resources and available labor) as key factors in determining what products a country will import or export. Porter added to these basic factors a new list of advanced factors, which he defined as skilled labor, investments in education, technology, and infrastructure. He perceived these advanced factors as providing a country with a sustainable competitive advantage.
  • Local market demand conditions. Porter believed that a sophisticated home market is critical to ensuring ongoing innovation, thereby creating a sustainable competitive advantage. Companies whose domestic markets are sophisticated, trendsetting, and demanding forces continuous innovation and the development of new products and technologies. Many sources credit the demanding US consumer with forcing US software companies to continuously innovate, thus creating a sustainable competitive advantage in software products and services.
  • Local suppliers and complementary industries. To remain competitive, large global firms benefit from having strong, efficient supporting and related industries to provide the inputs required by the industry. Certain industries cluster geographically, which provides efficiencies and productivity.
  • Local firm characteristics. Local firm characteristics include firm strategy, industry structure, and industry rivalry. Local strategy affects a firm’s competitiveness. A healthy level of rivalry between local firms will spur innovation and competitiveness.

In addition to the four determinants of the diamond, Porter also noted that government and chance play a part in the national competitiveness of industries. Governments can, by their actions and policies, increase the competitiveness of firms and occasionally entire industries.

Porter’s theory, along with the other modern, firm-based theories, offers an interesting interpretation of international trade trends. Nevertheless, they remain relatively new and minimally tested theories.

EXIM Bank, ECGC and other Institutions in Financing of Foreign Trade

Once our economy opened up post liberalization and globalization, the import and export industry became a huge sector in our economy. Even today India is one of the largest exporters of agricultural goods. So to provide financial support to importers and exporters the government set up the EXIM Bank.

EXPORT AND IMPORT BANK OF INDIA (EXIM)

The Export and Import Bank of India, popularly known as the EXIM Bank was set up in 1982. It is the principal financial institution in India for foreign and international trade. It was previously a branch of the IDBI, but as the foreign trade sector grew, it was made into an independent body.

The main function of the Export and Import Bank of India is to provide financial and other assistance to importers and exporters of the country. And it oversees and coordinates the working of other institutions that work in the import-export sector. The ultimate aim is to promote foreign trade activities in the country.

The management of the EXIM bank is done by a board, headed by the Managing Director. There are 17 other Directors on the board. The whole paid-up capital of the bank (100 crores currently) is subscribed by the Central Government exclusively.

Functions of the EXIM Bank

Let us take a look at some of the main functions of Export and Import Bank of India bank:

  1. Finances import and export of goods and services from India.
  2. It also finances the import and export of goods and services from countries other than India.
  3. It finances the import or export of machines and machinery on lease or hires purchase basis as well.
  4. Provides refinancing services to banks and other financial institutes for their financing of foreign trade.
  5. EXIM bank will also provide financial assistance to businesses joining a joint venture in a foreign country.
  6. The bank also provides technical and other assistance to importers and exporters. Depending n the country of origin there are a lot of processes and procedures involved in the import-export of goods. The EXIM bank will provide guidance and assistance in administrative matters as well.
  7. Undertakes functions of a merchant bank for the importer or exporter in transactions of foreign trade.
  8. Will also underwrite shares/debentures/stocks/bonds of companies engaged in foreign trade.
  9. Will offer short-term loans or lines of credit to foreign banks and governments.
  10. EXIM bank can also provide business advisory services and expert knowledge to Indian exporters in respect of multi-funded projects in foreign countries

Importance of the EXIM Bank

Other than providing financial assistance, the Export and Import Bank of India bank is always looking for ways to promote the foreign trade sector in India. In the early 1990s, EXIM introduced a program in India known as the Clusters of Excellence.

The aim was to improve the quality standards of our imports and exports. It also has a tie-up with the European Bank for Reconstruction and Development. It has agreed to co-finance programs with them in eastern Europe.

In order to promote exports EXIM bank also has schemes such as production equipment finance program, export marketing finance, vendor development finance, etc.

ECGC (Export Credit Guarantee Corporation of India)

The ECGC Limited (Formerly Export Credit Guarantee Corporation of India Ltd) is a company wholly owned by the Government of India based in Mumbai, Maharashtra. It provides export credit insurance support to Indian exporters and is controlled by the Ministry of Commerce. Government of India had initially set up Export Risks Insurance Corporation (ERIC) in July 1957. It was transformed into Export Credit and Guarantee Corporation Limited (ECGC) in 1964 and to Export Credit Guarantee Corporation of India in 1983.

Functions of ECGC

  • Provides a range of credit risk insurance covers to exporters against loss in export of goods and services as well.
  • Offers guarantees to banks and financial institutions to enable exporters to obtain better facilities from them.
  • Provides Overseas Investment Insurance to Indian companies investing in joint ventures abroad in the form of equity or loan and advances.

Facilities by ECGC

  • Offers insurance protection to exporters against payment risks
  • Provides guidance in export-related activities
  • Makes available information on different countries with its own credit ratings
  • Makes it easy to obtain export finance from banks/financial institutions
  • Assists exporters in recovering bad debt
  • Provides information on credit-worthiness of overseas buyers

Institutions in Financing of Foreign Trade

Business activities are conducted on a global level and even between nations. There is an emergence of global markets. To keep the trade fair and manage trade-related issues on a global level, various International Institutions and Trade Agreements were established.

International Trade Associations

The nations were influenced financially because of World War 1 and World War 2. The reconstruction couldn’t happen as there was an interruption in the financial system furthermore there was a shortage of resources. At this crossroads, the prominent economist J. M. Keynes with Bretton Woods establish an association with 44 countries to meet this and to reestablish commonship on the planet.

This gathering brought forth the International Monetary Fund (IMF) International bank Of Reconstruction and Development (IBRD) and the International Trade Organization (ITO). These three associations were considered as three columns for the improvement of the global economy.

World Bank

The International Bank of Reconstruction and Development (IBRD) is usually known as the World Bank. The fundamental point of IBRD is to remake the war influenced the economies of Europe and help the improvement of underdeveloped economies of the world. The World Bank after 1950 focused more on financially unstable nations and invested heavily into social segments like health and education of such immature nations.

Currently, the World Bank includes five universal bodies responsible for offering fund to various countries. These bodies and its partners are headquartered in Washington DC taking into account diverse financial requirements and necessities.

As specified before, the World Bank has been allocated the undertaking of financial development and expanding the extent of the international business. Amid its underlying years of foundation, it gave more significance on creating facilitates like transportation, health, energy and others.

This has profited the underdeveloped nations too, without doubt, however, because of poor regulatory structure, the absence of institutional system and absence of accessibility of skilled labour in these nations has prompted disappointment. World Bank and its Affiliates Institutions:

  • International Bank for Reconstruction and Development (IBRD) 1945
  • International Financial Corporation (IFC) 1956
  • Multilateral Investment Guarantee Agency (MIGA) 1988
  • International Development Association (IDA) 1960
  • International Centre for Settlement of Investment Disputes (ICSID) 1966

The World Bank is no longer limited to simply offering money related help for infrastructure development, agriculture, industry, health and sanitation. It is somewhat significantly engaged with regions like reducing rural poverty, increasing income of the rural poor, offering specialized help, and beginning research schemes.

International Development Association (IDA)

International Development Association (IDA) was set up in 1960 as a partner of the World Bank. IDA was set up essentially to offer fund to the less developed countries on a soft loan basis. It is because of its intention of providing soft loans that it is called the Soft Loan Window of the IBRD. The objectives of IDA are as follows,

  • To help the underdeveloped countries by giving loans in simple terms.
  • Help at the end of poverty in the poorest nations
  • Give macroeconomics services such as, for example, those relating to health, nutrition, education, human resource advancement and control of the population.
  • To offer loans at marked down interests in order to energize economic development, the increment in manufacturing limit and good expectations for standard of living in the underdeveloped nations.

International Finance Corporation (IFC)

Established in July 1956, IFC was aimed to assist in terms of finance to the private sector of developing nations. IFC is also an associate of the World Bank, but it has its own separate legal entity, functions and funds. All the members of the World Bank are entitled to become members of IFC.

Multinational Investment Guarantee Agency (MIGA)

Established in April 1988, The Multinational Investment Guarantee Agency’s aim was to support the task of the World Bank and IFC. Some objectives of the MIGA are:-

  • Advance the stream of direct foreign investment into less developed member countries.
  • Give protection cover to fund supplier against political risks.
  • Guarantee extension of current investment, privatization and economic reconstruction.
  • Provide assurance against noncommercial perils, for example, dangers engaged in currency transfer, war and domestic clashes, and infringement of agreement.
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