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Some Issues and observations

Explore regulatory roles, governmental influences, and appellate processes in South Asia. Dive into regulatory accountability issues, consultation processes, and varying regulatory instruments. Discover how appellate bodies and courts balance interests and review decisions.

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Some Issues and observations

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  1. Some Issues and observations • Regulators role, Government • Regulatory Process • Regulator, Appellate bodies, Judiciary Workshop on “Legal Aspects of Regulation in South Asia” Dhaka 3-4 August

  2. Regulator role, government • Role to vary according to market development • Role varies across south Asia region, even across sectors within the country • Implement government policy • Should cover issues beyond tariff issues • Regulators to address various concerns: affordability , accessibility of • Act as neutral referee, independent

  3. Regulatory accountability • No unanimity what regulatory accountability means • Accountable to himself? • Accountable to the parliament • Parliament hearing committee • Need for consultation with the minister, Consultation process to be made public (UK model)

  4. Regulatory process • Discussion on alternative regulatory instruments • Advantages of workshops, advisory committee, public hearing • Discussion on mediation/arbitration • Concern who to arbitrate successfully with party having uneven strength • Experience differ across countries in the region

  5. Regulatory process • Discussion on alternative regulatory instruments • Advantages of workshops, advisory committee, public hearing • Discussion on mediation/arbitration • Concern who to arbitrate successfully with party having uneven strength • Experience differ across countries in the region

  6. Regulator,appeal, review • Regional variation on the nature of appellate body, expert tribunal, courts • Principle of natural justice to prevail • Interest of different groups to be balanced • Codify and share experiences of regulatory/ judicial decision • Advantages of appellate tribunal

  7. Countries experience • Judicial review in US • Review of procedural fairness • Question of law • Regulators to defend its decision in the court • South Asian experience • Limiting the scope of appeal to merits of the case? • Appeal on point of law? • Legislative amendments • Regulators to defend its decision?

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