CAPÍTULO 3: DESCRIPCIÓN DE LA SOLUCIÓN PROPUESTA
3.11 Descripciones abreviadas de los casos de uso del sistema
TTCs have faced global legitimacy challenges since at least the 1970s when adverse health effects of tobacco use became widely accepted as scientific truth (Wynder, 1988). In this critical environment, sustained competitive advantage necessitate tackling social, political, environmental and health issues as part of a corporate strategy-pursuing business interest in the narrow sense of maximizing stockholder value is myopic and insufficient. It is undoubtedly the responsibility of TTC business diplomats to pursue their business interests. But the business interests of the industry must be strategic, long-term and holistic to include the interests of non-market stakeholders like
governments, public health regulators, citizens and advocacy networks. Honest representation, communication and negotiation by the TTCs with such non-market stakeholders are key to be accepted as a responsible actor in the international diplomatic arena. (Bach, 2010).
Our research indicates that TTCs have conducted business diplomacy in the exclusive financial interest of its investor constituency and in clear contravention to their declared Codes of Business Conduct that profess to a high ethical standard of opposing illicit trade in tobacco products. We conclude, therefore, that TTCs have engaged in rogue business diplomacy on the issue of illicit trade in tobacco products. The implications of these violations are twofold. First, persistence resistance by the powerful TTCs to the ITP regime thwarts efforts to eliminate this illicit trade. Eliminating illicit trade in this industry, however, could help governments gain (by recouping revenue lost) at least USD 31.3 billion annually in addition to avoiding millions of premature deaths (Joossens, Merriman, Ross and Row, 2010). Second, being complicit in illicit trade in tobacco products, while publicly opposing the trade, delegitimizes (moral legitimacy) TTCs in the eyes of its internal stakeholder group of employees as well as external stakeholder groups of consumers, governments and non-governmental organizations.
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REFERENCES
BATa (n.d.). Standards of Business Conduct. http://www.bat.com. (accessed April 28, 2019).
BATb (n.d.) Illegal Tobacco Trade. https://www.bat.com/ait#. (accessed May 30, 2019)
Bach D, and David B.A. (2010) ‘What Every CEO Needs to Know About Nonmarket Strategy’ MIT Sloan Management Review Vol. 51, No. 3.
Government of Canada, Canada Revenue Agency, Comprehensive settlement agreements with tobacco companies, 2010. http://www.marketwired.com/press-release/federal-provincial-territorial-governments-conclude-landmark-settlements-with-tobacco-1147061.htm (accessed 21 April, 2019)
Clark, K. (2000) Dilemma of a cigarette exporter. The Guardian
https://www.theguardian.com/bat/article/0,,191288,00.html (accessed 20 April, 2019) Collin J, and Gilmore A. (2002) ‘Corporate (anti)social (ir)responsibility: transnational tobacco
companies and the attempted subversion of global health policy’. Global Social Policy 2:354 Collin J, LeGresley E, MacKenzie R, et al. (2004) ‘Complicity in Contraband: British American
Tobacco and cigarette smuggling in Asia’. Tobacco Control 13: ii 104-11.
Corporate Accountability International (n.d.) Smokescreen for Smuggling: Tobacco Industry attempts to derail the Illicit Trade Protocol
https://www.stopillegal.com/the_solution/data-and-information. (accessed May 1, 2019)
Crosbie E, Bialous S, Glantz S. (2019) Memoranda of Understanding: a tobacco industry strategy to undermine illicit tobacco trade policies. Tobacco Control
https://tobaccocontrol.bmj.com/content/early/2019/01/18/tobaccocontrol-2018-054668 Euromonitor International. (2018) Strategy Briefing: Illicit Trade in Tobacco Products,
https://www.euromonitor.com/illicit-trade-in-tobacco-products/report. (accessed May 2, 2019)
Gilmore A, Fooks, G, Drope J, Bialous SA, Jackson RR, (2015) ‘Exposing and addressing tobacco industry conduct in low-income and middle-income countries’, The Lancet Vol. 385.
Gilmore, A, Gallagher A, Rowell, A. (2018) ‘Tobacco Industry’s elaborate attempts to control a global track and trace system and fundamentally undermine the Illicit Trade protocol’, Tobacco Control 28 (2).
Imperial Tobacco Limited (2019) Code of Conduct. Retrieved from www.imperialbrandsplc.com.
(accessed March 28, 2019).
ICIJ (2000) ‘Exposed: How billions of cigarettes end up on black markets.’
https://www.icij.org/investigations/big-tobacco-smuggling/exposed-how-billions-cigarettes-end-black-markets/. (accessed March 5, 2019)
INTERPOL. (2014) Countering Illicit Trade in Tobacco Products: A Guide for Policy-Makers. Lyon,
The Journal of International Business Research and Practice, Vol 13 July 2019
France: INTERPOL
Joosens L, Gilmore A, Stoklosa M, and Ross R (2016) ‘Assessment of the European Union’s illicit trade agreements with the four major Transnational Tobacco Companies’ Tobacco Control 25 (1).
Joosens L, Merriman D., Ross, H, and Row M. (2010). ‘The impact of eliminating the global illicit cigarette trade’ Addiction, 105: 1640e9.
Joosens L and Raw, M (2008) ‘Progress in combating cigarette smuggling: controlling the supply chain’ Tobacco Control 17: 399-404.
Joosens L (2019) ‘Traceability: the tobacco industry is part of the problem, not the solution’ Tobacco Control 28: 121-122.
Kostova T and Zaheer, S. (1999) ‘Organizational Legitimacy Under Conditions of Complexity: The Case of the Multinational Enterprise’ The Academy of Management Review 24(1):64-81 Lancet NCD Action Group (2013) ‘Profits and pandemics: prevention of harmful effects of tobacco,
alcohol, and ultra-processed food and drink industries’ Lancet 381: 670-79.
Lee, K. (2010) ‘Civil Society Organizations and the Functions of Global Health Governance: What Role within Intergovernmental Organizations?’ Global Health Governance 3 (2)
Liberman J, Blecher E, Carbajales A, et al. (2011) ‘Opportunities and risks of the proposed FCTC protocol on illicit trade’ Tobacco Control Vol. 20 No. 6.
Liberman, J. (2012) ‘The New WHO FCTC Protocol to Eliminate Illicit trade in Tobacco Products-Challenges Ahead’, Insights-American Society of International Law 16 (38)
Logsdon, J. and D. Wood (2005) ‘Global Business Citizenship and Voluntary Codes of Ethical Conduct’, Journal of Business Ethics 59, 55–67.
London, M. (1999) ‘Principled leadership and business diplomacy A practical, values-based direction for management development.’ The Journal of Management Development Vol. 18 (2)
Mukherjee A. (2017), “Global Regime on Tobacco Control? The Role of Transnational Advocacy Networks”. Journal of Management Policy and Practice, Vol. 18 (2).
Mukherjee, A. and Ekanayake, E. (2009) ‘Epistemic Communities and the Global Alliance against Tobacco Marketing’, Thunderbird International Business Review 51 (3)
Muldoon, J. (2005) ‘The Diplomacy of Business’, Diplomacy and Statecraft 16 (2): 341-359.
National Research Council. (2015) Understanding the U.S. Illicit Tobacco Market: Characteristics, Policy Context, and Lessons from International Experiences. Washington, DC: The National Academies Press. https://doi.org/10.17226/19016.
Oxford English Dictionary. (2019) https://en.oxforddictionaries.com/definition/us/reason_of_state (accessed May 2, 2019)
PMI (2017) Guidebook for Success: The PMI Code of Conduct. (accessed March 28, 2019).
The Journal of International Business Research and Practice, Vol 13 July 2019
PMI (n.d.) Fighting Illicit Trade. https://www.pmi.com/sustainability/fighting-illicit-cigarette-trade (accessed May 30, 2019).
Rugman A, Oh C and Lim S. (2012) ‘The regional and global competitiveness of multinational firms’
Journal of the Academy of Marketing Science 40:218–235 DOI 10.1007/s11747-011-0270-5
Saner R, Yiu L and Sondergaard M (2000) Business Diplomacy Management: A Core Competence for Global Companies. The Academy of Management Executive Vol. 14 (1).
Saner, R. and Yiu, L (n.d.) http://www.businessdiplomats.com/18-about-us/2-why-business-diplomacy.html (accessed March 2, 2019).
Savell E, Gilmore A and Fooks G (2014) How Does the Tobacco Industry Attempt to Influence Marketing Regulations? A Systematic Review. PLoS ONE 9(2): e87389.
https://doi.org/10.1371/journal.pone.0087389
Sethi P, (2002) ‘Standards for Corporate Conduct in the International Arena: Challenges and Opportunities for Multinational Corporations’ Business and Society Review Vol. 107 (1) Stopillegal.com https://www.stopillegal.com/the_solution/data-and-information. (accessed May 1,
2019)
Ulucaniar S, Fooks G, and Gilmore A (2016) The Policy Dystopia Model: An Interpretive Analysis of Tobacco Industry Political Activity, PLoS Med 13 (9)
UNCTAD. (2013) World Investment Report: Global Value Chains: Investment and Trade for Development, p. X New York, NY: UNCTAD
US Department of State (2015) The Global Illicit Trade in Tobacco: A Threat to National Security.
https://2009-2017.state.gov/documents/organization/250513.pdf (accessed May 27, 2019).
US District Court. (2000) European Community complaint against Phillip Morris, R.J. Reynolds and Japan Tobacco. New York: United States District Court, Eastern District of New York.
http://uniset.ca/other/cs6/150FSupp2d456.html. Retrieved February 28, 2019.
Verbeke A., and Asmussen G (2016) ‘Global, Local, or Regional? The Locus of MNE Strategies’
Journal of Management Studies 53:6 doi: 10.1111/joms.12190
WHO FCTC COP. (n.d.) Guidelines for implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control. https://www.who.int/fctc/guidelines/article_5_3.pdf (accessed May 10, 2019).
World Health Organization. (1999a) Press release of 26 April.
https://www.who.int/tobacco/resources/press/1999/en/ (accessed December 24, 2008) World Health Organization. (2000). Report of the Committee of Experts on Tobacco Industry
Documents: Tobacco company strategies to undermine tobacco control activities at the World Health Organization https://www.who.int/tobacco/publications/ industry/who_inquiry/en/
(accessed April 24, 2019)
The Journal of International Business Research and Practice, Vol 13 July 2019
World Health Organization. (2003). WHO Framework Convention on Tobacco Control Geneva, Switzerland: WHO
World Health Organization. (2008) Tobacco Industry Interference with Tobacco Control Geneva, Switzerland, WHO
World Health Organization. (2013) WHO FCTC Protocol to Eliminate Illicit Trade in Tobacco Products Geneva, Switzerland: WHO
World Health Organization (2014a) The Tobacco Industry and the Illicit Trade in Tobacco Products Geneva, Switzerland: WHO
World Health Organization (2014b) Implementation of Article 5.3 of WHO FCTC: Evolving issues related to interference by the tobacco industry. https://apps.who.int/iris/bitstream/handle/
10665/147118/FCTC_COP6_16- en.pdf?sequence=1&isAllowed=y (accessed April 24, 2019)
World Health Organization (n.d.) Impact of implementation of the WHO FCTC on the tobacco industry’s behavior. https://www.who.int/fctc/cop/Impact-of-the-WHO-FCTC-on-the-behaviour-of-thetobacco-industry.pdf (accessed May 28, 2019)
Wynder, E. (1988) ‘Tobacco and Health: a Review of the History and Suggestions for Public Health Policy’. Public Health Reports 103 (1) 8-18.
Yach, D. (2001) In their own words…Using tobacco industry documents to advance truth.
https://www.who.int/tobacco/dy_speeches1/en/ (accessed March 27, 2019)