Regulatory Sovereignty in India: Indigenizing Competition-Technology Approaches, ISAIL-TR-001

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Indian Society of Artificial Intelligence and Law Technical Report Series

of the knowledge economy of India has started, but the strategic thinkers need to realize that the disruptive effects of technology reflect the dynamics of leadership, bargaining leverage and diplomatic salience, which makes the case of the negotiating parties accordingly. Having a defeatist approach, which denies cyber and geopolitical realities, is the reflection of a weak state. This also might be considered a reason why the Data Protection Bill is yet pending to be passed. Second, the Union Government, and its supporting/funded organizations are partnering with foreign entities on digital cooperation-related issues, either through sponsored events, or through some funded research projects. Creating a corporate pool of strategic investors matters under Invest India, which of course must have been done in the past. In the domain of technology and international law, India might adopt a West-centric approach. However, aligning with the European Union would be smarter and effective for India to become a regulatory superpower, as compared to the United States when it comes to digital cooperation. Also, the role of companies as a corporate community matters because their strategic approaches would shape the Indian startup ecosystem would emerge. There is no doubt that Indian start-ups are gaining their ground and relevance. The larger lack comes because of issues like flipping, where IANS had reported that out of 54 unicorns which were India-domiciled, 24 of them had flipped, because the depth in markets is not sustainable enough, there are stringent compliance requirements and then even the taxation framework is considered unsustainable (IANS, 2021). That is similar with India’s investment law approaches at a governmental level. The Model BIT has several flaws and the dispute resolution mechanisms in India have not become costeffective yet, for example – Arbitration.

The Personal Data Protection Bill: Scope for Transnational Regulatory Sovereignty in Data Law Introduction In the past few years, artificial intelligence (AI) has advanced at a tremendous speed. Nowadays, both commercial and public sector companies worldwide are increasingly using AI technologies. Today and soon, the capabilities of AI provide broad and significant advantages for people, organizations, and

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