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Some Issues and observations

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. Regulator role, government. Role to vary according to market development

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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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