Pub Date : 2021-01-05DOI: 10.22201/IIJ.24485306E.2021.2.15335
Pedro R. Torres Estrada
Within a national system of control of criminal assets, the role of municipalities is strategic. According to their constitutional faculties, munici¬palities should develop and feed databases containing relevant information that contributes to the control of the criminal patrimonial and economic structures. An analysis of primary and secondary sources of information was used to identify the databases that are generated or that should be generated by the municipalities, considering the functions and powers that the constitution, laws, and regula¬tions assign to each of the dependencies that integrate the municipal government. Although some municipal agencies keep track of their activities using databases, they do not have a structure that allows the exploitation of information. Moreo¬ver, some municipalities do not have structured public policies aimed at combating the patrimonial and economic structures of crime. Finally, municipalities are an important source of information that can contribute to law enforcement structu¬res in the development of investigations aimed at weakening the financial and patrimonial structures of crime. This article shows the importance and utility of municipalities in the combat against assets generated by crime and the need to implement public policies intended to weaken the economic and patrimonial criminal structures. Currently, there are no previous studies on this subject in the national literature.
{"title":"Municipalities as Part of the System to Control Criminal Assets in Mexico","authors":"Pedro R. Torres Estrada","doi":"10.22201/IIJ.24485306E.2021.2.15335","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.2.15335","url":null,"abstract":"Within a national system of control of criminal assets, the role of municipalities is strategic. According to their constitutional faculties, munici¬palities should develop and feed databases containing relevant information that contributes to the control of the criminal patrimonial and economic structures. An analysis of primary and secondary sources of information was used to identify the databases that are generated or that should be generated by the municipalities, considering the functions and powers that the constitution, laws, and regula¬tions assign to each of the dependencies that integrate the municipal government. Although some municipal agencies keep track of their activities using databases, they do not have a structure that allows the exploitation of information. Moreo¬ver, some municipalities do not have structured public policies aimed at combating the patrimonial and economic structures of crime. Finally, municipalities are an important source of information that can contribute to law enforcement structu¬res in the development of investigations aimed at weakening the financial and patrimonial structures of crime. This article shows the importance and utility of municipalities in the combat against assets generated by crime and the need to implement public policies intended to weaken the economic and patrimonial criminal structures. Currently, there are no previous studies on this subject in the national literature.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":"106 s413","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41255808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-05DOI: 10.22201/IIJ.24485306E.2021.2.15337
Ana Teresa Valdivia Alvarado, A. Gámez, L. F. B. Morales, A. Ortega-Rubio
Wastewater is one of the principal causes of coastal ecosystem pollution and poses a threat to food security, drinking water access, public health, and ecosystem survival. However, wastewater can also be a reliable alternative source of water, provided specific changes are made. Mexico’s extensive and com¬plex legal framework involving various governmental agencies and overlapping jurisdictions makes it difficult to ascertain the specific responsibilities of various actors and enforce accountability in the area of wastewater management. The aim of this paper is to analyze the relevant law in order to determine whether it is the legislation itself which is generating adverse environmental impacts, or whether these impacts are the result of the wastewater management system as implemented. In this study, we analyze the legal framework applicable at each of the three levels of government in order to clarify the connections between these governmental entities from a perspective that has not been previously developed, which will be a useful point of departure for future research. To this end, the state of Baja California Sur (in northwestern Mexico) is presented as a case study insofar as it is representative of vulnerable coastal regions facing water scarcity. The methodology and systematic analysis of wastewater regulations employed in this paper facilitate both an evaluation of the efficacy of the current legal framework surrounding wastewater management, as well as the identification of changes needed in order to achieve environmental sustainability and protect water resources for present and future generations.
{"title":"Mexico’s Legal Framework Regarding Wastewater Management: A Case Study of Baja California Sur","authors":"Ana Teresa Valdivia Alvarado, A. Gámez, L. F. B. Morales, A. Ortega-Rubio","doi":"10.22201/IIJ.24485306E.2021.2.15337","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.2.15337","url":null,"abstract":"Wastewater is one of the principal causes of coastal ecosystem pollution and poses a threat to food security, drinking water access, public health, and ecosystem survival. However, wastewater can also be a reliable alternative source of water, provided specific changes are made. Mexico’s extensive and com¬plex legal framework involving various governmental agencies and overlapping jurisdictions makes it difficult to ascertain the specific responsibilities of various actors and enforce accountability in the area of wastewater management. The aim of this paper is to analyze the relevant law in order to determine whether it is the legislation itself which is generating adverse environmental impacts, or whether these impacts are the result of the wastewater management system as implemented. In this study, we analyze the legal framework applicable at each of the three levels of government in order to clarify the connections between these governmental entities from a perspective that has not been previously developed, which will be a useful point of departure for future research. To this end, the state of Baja California Sur (in northwestern Mexico) is presented as a case study insofar as it is representative of vulnerable coastal regions facing water scarcity. The methodology and systematic analysis of wastewater regulations employed in this paper facilitate both an evaluation of the efficacy of the current legal framework surrounding wastewater management, as well as the identification of changes needed in order to achieve environmental sustainability and protect water resources for present and future generations.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49044343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-05DOI: 10.22201/IIJ.24485306E.2021.2.15088
Héctor Fix-Fierro
1968 is considered a mythical year in many parts of the world. In Mexico, it has acquired an almost sacred status. The student movement is com¬monly viewed as the beginning of the prolonged process of democratic transition that has unfolded in the last decades. Although there is very abundant literature about the events of that year, the role that the Mexican Federal Judiciary (MFJ) played in them has practically not been examined. The article analyzes the si¬tuation and performance of the Supreme Court of Justice and the MFJ during that single year. For this purpose, the essay examines the following aspects: the composition, organization and resources of the federal courts; judicial statistics; judicial precedents; judicial ideology and public perception on the justice system; and finally, the intervention of federal judges in the judicial proceedings instituted against the students and other leftist political dissidents. The article concludes that the MFJ was subject to many constraints and limitations that, for good measure, hampered its role in the defense of constitutional order. Twenty years later the reforms leading to the transformation of the Supreme Court of Justice into a constitutional court were started, favoring a more active intervention of judges and courts in the protection and defense of fundamental rights.
{"title":"1968: One Year In the Life of the Mexican Federal Judiciary","authors":"Héctor Fix-Fierro","doi":"10.22201/IIJ.24485306E.2021.2.15088","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.2.15088","url":null,"abstract":"1968 is considered a mythical year in many parts of the world. In Mexico, it has acquired an almost sacred status. The student movement is com¬monly viewed as the beginning of the prolonged process of democratic transition that has unfolded in the last decades. Although there is very abundant literature about the events of that year, the role that the Mexican Federal Judiciary (MFJ) played in them has practically not been examined. The article analyzes the si¬tuation and performance of the Supreme Court of Justice and the MFJ during that single year. For this purpose, the essay examines the following aspects: the composition, organization and resources of the federal courts; judicial statistics; judicial precedents; judicial ideology and public perception on the justice system; and finally, the intervention of federal judges in the judicial proceedings instituted against the students and other leftist political dissidents. The article concludes that the MFJ was subject to many constraints and limitations that, for good measure, hampered its role in the defense of constitutional order. Twenty years later the reforms leading to the transformation of the Supreme Court of Justice into a constitutional court were started, favoring a more active intervention of judges and courts in the protection and defense of fundamental rights.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45958851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14811
Yoomin Won
Las expresiones que critican al jefe de estado, las instituciones gubernamentales o los funcionarios públicos con frecuencia son sancionadas con castigo penal por su uso de lenguaje despectivo e irrespetuoso, denominado en la ley "insultos". Este artículo analiza cuatro decisiones de revisión judicial de la Corte Suprema de México y la Corte Constitucional de Corea con respecto a las leyes de insulto desde la perspectiva tanto del derecho internacional de los derechos humanos como del derecho constitucional. Sostengo que castigar criminalmente las expresiones insultantes dirigidas contra funcionarios públicos, símbolos o entidades, viola el principio de libertad de expresión. Primero, la "dignidad de la nación" no es un interés legítimo que garantice la restricción de expresiones insultantes dirigidas a las banderas nacionales o la República. Segundo, Se debe exigir a los funcionarios públicos que toleren un mayor grado de insulto que los particulares. La protección de una función pública, o el honor de un funcionario público, no justifica el castigo penal de las expresiones insultantes. Tercero, el término "insulto" en sí mismo es demasiado vago, por lo tanto, su uso viola el principio de claridad de la legalidad. También restringe sustancialmente la libertad de expresión al prohibir una amplia gama de expresiones y actividades. Con base en este análisis, sostengo que el castigo penal por expresiones dirigidas contra banderas nacionales, funcionarios públicos y la nación, debería eliminarse de los códigos penales. Ni los tribunales ni las autoridades gubernamentales deberían castigar penalmente las expresiones insultantes dirigidas contra los funcionarios públicos. Eliminar las leyes de insulto no dañaría, sino que fortalecería,
{"title":"How Dare You! A Comparative Analysis of Constitutional Court Decisions Regarding Insult Laws in Mexico and South Korea","authors":"Yoomin Won","doi":"10.22201/IIJ.24485306E.2020.1.14811","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14811","url":null,"abstract":"Las expresiones que critican al jefe de estado, las instituciones gubernamentales o los funcionarios públicos con frecuencia son sancionadas con castigo penal por su uso de lenguaje despectivo e irrespetuoso, denominado en la ley \"insultos\". Este artículo analiza cuatro decisiones de revisión judicial de la Corte Suprema de México y la Corte Constitucional de Corea con respecto a las leyes de insulto desde la perspectiva tanto del derecho internacional de los derechos humanos como del derecho constitucional. Sostengo que castigar criminalmente las expresiones insultantes dirigidas contra funcionarios públicos, símbolos o entidades, viola el principio de libertad de expresión. Primero, la \"dignidad de la nación\" no es un interés legítimo que garantice la restricción de expresiones insultantes dirigidas a las banderas nacionales o la República. Segundo, Se debe exigir a los funcionarios públicos que toleren un mayor grado de insulto que los particulares. La protección de una función pública, o el honor de un funcionario público, no justifica el castigo penal de las expresiones insultantes. Tercero, el término \"insulto\" en sí mismo es demasiado vago, por lo tanto, su uso viola el principio de claridad de la legalidad. También restringe sustancialmente la libertad de expresión al prohibir una amplia gama de expresiones y actividades. Con base en este análisis, sostengo que el castigo penal por expresiones dirigidas contra banderas nacionales, funcionarios públicos y la nación, debería eliminarse de los códigos penales. Ni los tribunales ni las autoridades gubernamentales deberían castigar penalmente las expresiones insultantes dirigidas contra los funcionarios públicos. Eliminar las leyes de insulto no dañaría, sino que fortalecería,","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43700376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14808
A. Becerril
We are facing a digital age characterized by constant flows of goods and services, financial assets, people, information and communication. As a consequence, the world economy is increasingly connected, and digitalization has spread to such an extent that today’s world economy is a digital one, which has come to break down commercial barriers that the traditional economy and politics were unable to. Security and trade policy concerns are nothing new. However, given the electronic nature of commercial transactions (e-commerce), this has taken on a new and urgent importance. Cyberspace is a space of flows, a virtual space that grows every day with the transactions that take place through the use of ICT. Governments of many countries have begun to develop cybersecurity strategies, while trying to promote the benefits of a hyperconnected and cyber-enabled world. This article analyzes how e-commerce policies promote the protection of cyberspace. Specifically regarding e-commerce, care must be taken so that the cybersecurity strategy does not become an obstacle or constraint to such electronic transactions. The protection of cyberspace must be carried out with a multi-stakeholder approach. These issues are also of public interest since threats to cyberspace can affect entire countries and societies.
{"title":"Cybersecurity and E-commerce in Free Trade Agreements","authors":"A. Becerril","doi":"10.22201/IIJ.24485306E.2020.1.14808","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14808","url":null,"abstract":"We are facing a digital age characterized by constant flows of goods and services, financial assets, people, information and communication. As a consequence, the world economy is increasingly connected, and digitalization has spread to such an extent that today’s world economy is a digital one, which has come to break down commercial barriers that the traditional economy and politics were unable to. Security and trade policy concerns are nothing new. However, given the electronic nature of commercial transactions (e-commerce), this has taken on a new and urgent importance. Cyberspace is a space of flows, a virtual space that grows every day with the transactions that take place through the use of ICT. Governments of many countries have begun to develop cybersecurity strategies, while trying to promote the benefits of a hyperconnected and cyber-enabled world. This article analyzes how e-commerce policies promote the protection of cyberspace. Specifically regarding e-commerce, care must be taken so that the cybersecurity strategy does not become an obstacle or constraint to such electronic transactions. The protection of cyberspace must be carried out with a multi-stakeholder approach. These issues are also of public interest since threats to cyberspace can affect entire countries and societies.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44383001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14814
Jesús Manuel Orozco Pulido
This note critically examines the way the Mexican Constitution has changed since it was originally written, due to a large number of amend¬ments. Through 239 decrees of constitutional reforms, which represent 732 modifications to constitutional articles, the current constitutional text is not the same document that arose from the Mexican Revolution. This vertiginous chan¬ge is analyzed from the perspective of theoretical and practical notions of legis¬lative drafting in common law countries. A huge number of reforms demons¬trates a constitution’s volatility, and the way reforms are written has a direct impact on whether or not it is observed. In fact, a proper process of redaction in legislative drafting can provide ideas for improving the quality of legislation. Reforming the constitution, as has been done by Mexican constituent powers, can overload the fundamental text with specific rules, rather than principles. An excessive use of words, an arbitrary use of subdivisions and an excessive num¬ber of transitory norms are common elements of constitutional amendments. Some specific traits of those amendments are analyzed in order to propose ways to improve the efficacy of the constitution through a better legislative drafting process for reforms. All of this in order to reach a better level of comprehension of the normative purpose of amendments by their final recipients: citizens and institutions.
{"title":"Drafting a Constitution Is Not Drafting a Statute: An Analysis of the Mexican Constitution and Hyper-Amending Pathologies from the Legislative Drafting Perspective","authors":"Jesús Manuel Orozco Pulido","doi":"10.22201/IIJ.24485306E.2020.1.14814","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14814","url":null,"abstract":"This note critically examines the way the Mexican Constitution has changed since it was originally written, due to a large number of amend¬ments. Through 239 decrees of constitutional reforms, which represent 732 modifications to constitutional articles, the current constitutional text is not the same document that arose from the Mexican Revolution. This vertiginous chan¬ge is analyzed from the perspective of theoretical and practical notions of legis¬lative drafting in common law countries. A huge number of reforms demons¬trates a constitution’s volatility, and the way reforms are written has a direct impact on whether or not it is observed. In fact, a proper process of redaction in legislative drafting can provide ideas for improving the quality of legislation. Reforming the constitution, as has been done by Mexican constituent powers, can overload the fundamental text with specific rules, rather than principles. An excessive use of words, an arbitrary use of subdivisions and an excessive num¬ber of transitory norms are common elements of constitutional amendments. Some specific traits of those amendments are analyzed in order to propose ways to improve the efficacy of the constitution through a better legislative drafting process for reforms. All of this in order to reach a better level of comprehension of the normative purpose of amendments by their final recipients: citizens and institutions.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46056512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14809
Felipe Carlos Betancourt Higareda, Enrique Uribe Arzate
In the period of 2009-2014, organized crime subjected all kinds of political authorities and benefited from impunity throughout Mexico, especially in Michoacán and Guerrero. This circumstance provoked a grave constitutional crisis since these authorities were meaningfully overridden and were not able to properly enforce the rule of law in these regions. These phenomena brought about the rise of self-defense groups from local civil societies, as a desperate measure to protect their most fundamental rights from ruthless crime. However, this uprising deepened the constitutional crisis, already experienced in these regions due to the calamitous activities of criminal organisations, because it implied the complete absence of the Mexican state to restore legal order. The present article argues that a formal declaration of emergency by the Mexican President, with the official approval of the Mexican Congress, would have solved efficiently the constitutional crisis that Michoacán, Guerrero and other regions were going through in this period, and would have competently discouraged the expectations of the local people to relay on vigilantes as their last resort to guarantee their fundamental rights in the face of organized crime. This argument is based on archive research, testimonies of people uploaded in video documentaries, the Mexican Constitution, the International Human Rights Law, the doctrine of constitutional dictatorship of Clinton Rossiter, and the legal doctrine on balance and deliberation of Robert Alexy.
{"title":"The State of Emergency as an Instrument to Overcome Organized Crime and Vigilantes: A Comparative Study of Michoacán and Guerrero","authors":"Felipe Carlos Betancourt Higareda, Enrique Uribe Arzate","doi":"10.22201/IIJ.24485306E.2020.1.14809","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14809","url":null,"abstract":"In the period of 2009-2014, organized crime subjected all kinds of political authorities and benefited from impunity throughout Mexico, especially in Michoacán and Guerrero. This circumstance provoked a grave constitutional crisis since these authorities were meaningfully overridden and were not able to properly enforce the rule of law in these regions. These phenomena brought about the rise of self-defense groups from local civil societies, as a desperate measure to protect their most fundamental rights from ruthless crime. However, this uprising deepened the constitutional crisis, already experienced in these regions due to the calamitous activities of criminal organisations, because it implied the complete absence of the Mexican state to restore legal order. The present article argues that a formal declaration of emergency by the Mexican President, with the official approval of the Mexican Congress, would have solved efficiently the constitutional crisis that Michoacán, Guerrero and other regions were going through in this period, and would have competently discouraged the expectations of the local people to relay on vigilantes as their last resort to guarantee their fundamental rights in the face of organized crime. This argument is based on archive research, testimonies of people uploaded in video documentaries, the Mexican Constitution, the International Human Rights Law, the doctrine of constitutional dictatorship of Clinton Rossiter, and the legal doctrine on balance and deliberation of Robert Alexy.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45391740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14812
R. González
When creating laws, legislators bear in mind the subjects whose activities are to be regulated. This mental picture will affect the regulation of both, the subjects and their activities. Different perceived characteristics can be regulated in various ways. While the laws that regulated commerce in Mexico before 1889 were based on the concept of an honest merchant, the Commercial Code enacted by then President Díaz had a different archetypal merchant. Since 1889, commercial laws in Mexico have been enacted based on the idea of an untrustworthy merchant, someone who needs to be regulated and controlled, which has created a regulatory system riddled with unnecessary costs. Through the study of cases decided shortly after the enactment of the 1889 Code, the change in the perception of merchants and commerce becomes apparent. These cases show the strict application of rules in lieu of commercial customs and practices, and the idea of protecting those who are not merchants in their dealings from those who are. However, these ideas should be eliminated from commercial laws. The laws that regulated commerce in Mexico before the 1889 Code offer an excellent starting point for the reform of commercial laws. Laws that assume that merchants are honest and capable of regulating their own affairs will advance commerce in Mexico, which would in turn allow the country to become an innovator (as opposed to a follower) in commercial matters.
{"title":"The Archetypal Merchant in the 1889 Mexican Commercial Code","authors":"R. González","doi":"10.22201/IIJ.24485306E.2020.1.14812","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14812","url":null,"abstract":"When creating laws, legislators bear in mind the subjects whose activities are to be regulated. This mental picture will affect the regulation of both, the subjects and their activities. Different perceived characteristics can be regulated in various ways. While the laws that regulated commerce in Mexico before 1889 were based on the concept of an honest merchant, the Commercial Code enacted by then President Díaz had a different archetypal merchant. Since 1889, commercial laws in Mexico have been enacted based on the idea of an untrustworthy merchant, someone who needs to be regulated and controlled, which has created a regulatory system riddled with unnecessary costs. Through the study of cases decided shortly after the enactment of the 1889 Code, the change in the perception of merchants and commerce becomes apparent. These cases show the strict application of rules in lieu of commercial customs and practices, and the idea of protecting those who are not merchants in their dealings from those who are. However, these ideas should be eliminated from commercial laws. The laws that regulated commerce in Mexico before the 1889 Code offer an excellent starting point for the reform of commercial laws. Laws that assume that merchants are honest and capable of regulating their own affairs will advance commerce in Mexico, which would in turn allow the country to become an innovator (as opposed to a follower) in commercial matters.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47730915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The current international patent system emerged within certain economic, political and social conditions in specific territories and periods. It has its historical roots in the Statute of Venice (1474), the Statute of Monopolies (1624), the United States Patent Law (1790), the French Patent Law (1791) and the Paris Convention (1883). Over time, these laws shaped a new model, which currently prevails. To strengthen the analysis of this article, the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), as well as free trade twentieth century agreements are integrated into the discussion. It is worth noting that each amendment stressed the economic relevance of the patent and its use to benefit certain economic elites through the creation of monopolies. Consequently, the debate on the purposes and nature of the international patent system has also been constant from its emergence to the present. This article provides basic elements for reflection about the origin, purposes and scope of national patent models implemented in Latin America within the global trend of scientific-technological innovation for development.
{"title":"Review of the International Patent System: From the Venice Statute to Free Trade Agreements","authors":"Claudia Angélica Córdova González, Mónica Guadalupe Chávez Elorza","doi":"10.22201/IIJ.24485306E.2020.1.14810","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14810","url":null,"abstract":"The current international patent system emerged within certain economic, political and social conditions in specific territories and periods. It has its historical roots in the Statute of Venice (1474), the Statute of Monopolies (1624), the United States Patent Law (1790), the French Patent Law (1791) and the Paris Convention (1883). Over time, these laws shaped a new model, which currently prevails. To strengthen the analysis of this article, the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), as well as free trade twentieth century agreements are integrated into the discussion. It is worth noting that each amendment stressed the economic relevance of the patent and its use to benefit certain economic elites through the creation of monopolies. Consequently, the debate on the purposes and nature of the international patent system has also been constant from its emergence to the present. This article provides basic elements for reflection about the origin, purposes and scope of national patent models implemented in Latin America within the global trend of scientific-technological innovation for development.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47719088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-02DOI: 10.22201/IIJ.24485306E.2020.1.14813
Jorge Gabriel Arévalo García
Anthropogenic climate change has and will have unavoidable adverse effects despite mitigation and adaptation policies. Therefore, the financial burden of the costs of loss and damage must be distributed fairly and proportionally. This implies that those responsible for climate change must take responsibility and compensate those who suffer losses and, if possible, repair the damages related to this phenomenon. However, climate justice has been limited by the lack of a causal link between a specific climate change effect and specific damages or losses. Accordingly, this article discusses the compensation and reparation of losses and damages related to the adverse effects of climate change, as a stream applicable after mitigation and adaptation policies. In addition, this article reviews the implications of the relevant findings that established the existence and development of climate change as a problem that affects the enjoyment of human rights, to argue how the theory of human rights can contribute to the current legal model for reparation and compensation for losses and damages associated with climate change. Also, due to the impossibility of obtaining a legally binding agreement as a structure for integration, and to adequately address the problem of causes, consequences, benefits and burdens, vulnerable groups ought to be the most affected.
{"title":"Challenges of Compensation and Reparation for Loss and Damage Related to the Adverse Effects of Climate Change","authors":"Jorge Gabriel Arévalo García","doi":"10.22201/IIJ.24485306E.2020.1.14813","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.1.14813","url":null,"abstract":"Anthropogenic climate change has and will have unavoidable adverse effects despite mitigation and adaptation policies. Therefore, the financial burden of the costs of loss and damage must be distributed fairly and proportionally. This implies that those responsible for climate change must take responsibility and compensate those who suffer losses and, if possible, repair the damages related to this phenomenon. However, climate justice has been limited by the lack of a causal link between a specific climate change effect and specific damages or losses. Accordingly, this article discusses the compensation and reparation of losses and damages related to the adverse effects of climate change, as a stream applicable after mitigation and adaptation policies. In addition, this article reviews the implications of the relevant findings that established the existence and development of climate change as a problem that affects the enjoyment of human rights, to argue how the theory of human rights can contribute to the current legal model for reparation and compensation for losses and damages associated with climate change. Also, due to the impossibility of obtaining a legally binding agreement as a structure for integration, and to adequately address the problem of causes, consequences, benefits and burdens, vulnerable groups ought to be the most affected.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48682187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：