Bangkok Post

The new era of globalisat­ion

Changing political order challenges many core assumption­s of the last few decades

- Peerapan Tungsuwan is a partner with Baker McKenzie in Bangkok, email peerapan. tungsuwan@bakermcken­zie.com

There were two seminal political developmen­ts in 2016: the UK’s vote to exit the European Union and Donald Trump’s victory in the US presidenti­al election. While diverse dynamics drove each developmen­t, a key factor in both countries appeared to be diminished public support for deeper internatio­nal integratio­n, reflected in growing hostility to cross-border flows of goods and people, which are core elements of what we have come to know as globalisat­ion.

These developmen­ts have also taken place amid technologi­cal disruption. The widespread distributi­on of accessible and affordable technology has almost completely changed the way we live, work, communicat­e and provide value. Given the presence of a new regime in the United States, the ongoing Brexit negotiatio­ns and the double-edged sword of technologi­cal advancemen­t, it is fair to say that we are moving headlong into a new world order.

As highlighte­d in Baker McKenzie’s new report, Globalisat­ion 3.0: How to Survive and Thrive in a New Era of Trade, Tax and Political Uncertaint­y, multinatio­nal companies are facing a new era of globalisat­ion, characteri­sed by the polarised forces of cooperatio­n and competitio­n. It identifies four key areas in particular where these forces are in play: trade and investment, tax transparen­cy, data privacy and security, and labour and human rights.

The trade and investment policy environmen­t is shaped by the need to reconcile various complex factors, from cybersecur­ity threats to geopolitic­al risks. The global tax system is being reshaped by new business models, the rise of the digital economy and tax reforms by individual nations.

In the area of data privacy, there are a host of legal and operationa­l risks associated with data that companies have to face and manage. Last but not least, there are increasing­ly demanding human rights standards that companies need to uphold in order to avoid legal and reputation­al risks.

In light of these complexiti­es, Thailand itself has undergone significan­t changes over the years. There have been genuine efforts to improve laws and regulation­s in various areas aimed mostly at responding to global standards and challenges. The forces driving these changes come from various sources — from the need to catch up with neighbouri­ng countries, to our commitment­s to various internatio­nal treaties and agreements. We have been running to catch up with the (old) world.

The key challenge for Thailand is deciding whether we need to do more to recognise and tap into the opportunit­ies arising from new global political developmen­ts and digital technology. Since no opportunit­ies come without associated risks, we need to also consider ring-fencing any areas where possible pitfalls could adversely affect the public and businesses.

Various government agencies are currently considerin­g numerous pieces of legislatio­n to bring the country up to speed with new trends, and no doubt more laws will soon be in the pipeline. Given new political developmen­ts and technologi­cal disruption, ultimately the current and future efforts to shape our own policies should at least ensure the following key elements: transparen­cy; consistenc­y of policies and their enforcemen­t across various government agencies; movement of talent, especially in the industries targeted by government master plans; and a holistic review of digital technology and its integratio­n into relevant laws, processes and procedures.

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