LIJDLR

regulatory reform

REGULATORY SEQUENCING AND ADAPTIVE GOVERNANCE: A COMPARATIVE LEGAL STUDY OF BANKING AND TELECOMMUNICATIONS REFORM IN INDIA, THE UNITED STATES, THE EUROPEAN UNION, JAPAN, AND BRAZIL

Volume IV Issue II /

REGULATORY SEQUENCING AND ADAPTIVE GOVERNANCE: A COMPARATIVE LEGAL STUDY OF BANKING AND TELECOMMUNICATIONS REFORM IN INDIA, THE UNITED STATES, THE EUROPEAN UNION, JAPAN, AND BRAZIL Mr. Susen Kamble, LL.M (Constitutional and Administrative Law), Student at National Law Institute University, Bhopal (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.219 This article examines whether the sequencing and design of regulatory reform, rather than the ideological choice between regulation and deregulation, determines institutional durability and consumer-welfare outcomes. It employs a structured comparative-doctrinal method, analysing enabling legislation, regulatory mandates, appellate arrangements, judicial decisions, agency materials, and multilateral institutional assessments. The study compares India, the United States, the European Union, Japan, and Brazil between 1980 and 2025, with banking and telecommunications as its two principal sectors; energy and transportation are used only as contextual comparators. The article advances three propositions. First, reforms that establish operationally independent regulators with technical capacity and effective appellate oversight before competitive market opening are more likely to yield durable outcomes than reforms that liberalise first and regulate later. Second, regulatory capture is a systemic institutional risk requiring structural, rather than exclusively procedural, safeguards. Third, Indian regulatory law is broadly capable of supporting adaptive governance but retains identifiable gaps in accountability, independence, and anti-capture design. By disaggregating the regulation–deregulation binary into sequencing, agency independence, appellate architecture, stakeholder engagement, anti-capture safeguards, and adaptive capacity, the analysis identifies institutional combinations associated with resilient regulatory systems. The comparative findings support a reform agenda centred on pre-liberalisation institutional investment; transparent, independent data capacity; fixed and protected regulatory appointments; cooling-off restrictions; and stronger legal protection for the autonomy of systemically significant agencies. For India, the article recommends circumscribing executive direction powers and considering enhanced constitutional or other higher-order legal safeguards for key regulators. The analysis is deliberately doctrinal and institutional, not econometric: it does not claim to establish universal causal effects or measure sectoral outcomes exhaustively. Its conclusions are therefore limited to the five selected jurisdictions, the two primary sectors, and the 1980–2025 period. Within those limits, the article offers a transferable framework for evaluating regulatory reform.

REGULATORY SEQUENCING AND ADAPTIVE GOVERNANCE: A COMPARATIVE LEGAL STUDY OF BANKING AND TELECOMMUNICATIONS REFORM IN INDIA, THE UNITED STATES, THE EUROPEAN UNION, JAPAN, AND BRAZIL Read More »

MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS

Volume IV Issue I /

MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS Ananya Yadav, LLM Student (Intellectual Property) Student at Christ Deemed to be University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.61 Intellectual Property Rights serve as the backbone of the media and entertainment sector, protecting creative works and rewarding innovation. In the digital age characterized by rapid technological change, globalization, and an explosion of online content the effective enforcement and evolution of IPR have become increasingly complex yet essential. This article examines the role of intellectual property law in safeguarding creative works such as films, music, literature, digital media, television programs, animation, and broadcast material from unauthorized use. It further analyzes emerging legal challenges including copyright piracy, digital streaming infringements, deepfake technology, artificial intelligence-generated content, and user-generated media within contemporary regulatory frameworks. It also discusses legal uncertainty, jurisdictional boundaries, and enforcement problems in various markets. It also addresses the relative efficacy of existing regulatory schemes and complexities fueled by the borderless nature of the internet, which renders national law inadequate in dealing with cross-judicial infringements and require reform, highlighting the need for harmonized global policy, digital rights management and evolving legal interpretations to strike a balance between the interests of creators, consumers and intermediaries. And particularly the evolution of user-generated content and remix-culture pose new challenges to originality, authorship and fair use. The paper concludes by proposing strategic reforms, including strengthened cross-border cooperation, simplified copyright licensing mechanisms, enhanced digital rights education, and the modernization of outdated laws to address evolving technological realities. There should be a balanced, adaptable, and vision-oriented IPR regime to support creativity, safeguard rights, and promote balanced growth in the world media and entertainment sector.

MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS Read More »