Pub Date : 2021-08-03DOI: 10.22201/IIJ.24485306E.2021.1.16094
P. Manzanilla
Mexico is facing a time of change in the allocation and distribution of public funds due to what the Mexican government has called “republican austerity”. Such change has caused public discordance since it is said to be regressive to human rights. The first article of the Mexican Constitution explicitly states the obligation of all authorities, within the scope of their powers, to promote, respect, protect and guarantee human rights in accordance with the principles of universality, interdependence, indivisibility, and progressivity. Also, Mexico is a member state of international covenants on human rights, such as the International Covenant on Economic, Social and Cultural Rights, from which some obligations derive. One of these obligations is the progressive realization of economic, social, cultural rights, and the prohibition of retrogression. Even though, limited economic resources require the careful allocation and redistribution of public spending, a practice that has led to the reduced allocation of public resources for some programs considered essential in the acquisition of human rights. The shift in the allocation of public spending in Mexico may ultimately deepen in the coming months and couple years, because of the imminent economic crisis caused by the COVID-19 pandemic. This article analyses the extent to which the Mexican government can, based on austerity, redistribution, or economic crises, make decisions that imply retrogression of rights without violating the obligation to progressive fulfillment stated in the International Covenant on Economic, Social and Cultural Rights.
{"title":"Retrogression of Economic, Social and Cultural Rights: Mexico in the Context of Austerity and Crisis","authors":"P. Manzanilla","doi":"10.22201/IIJ.24485306E.2021.1.16094","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.1.16094","url":null,"abstract":"Mexico is facing a time of change in the allocation and distribution of public funds due to what the Mexican government has called “republican austerity”. Such change has caused public discordance since it is said to be regressive to human rights. The first article of the Mexican Constitution explicitly states the obligation of all authorities, within the scope of their powers, to promote, respect, protect and guarantee human rights in accordance with the principles of universality, interdependence, indivisibility, and progressivity. Also, Mexico is a member state of international covenants on human rights, such as the International Covenant on Economic, Social and Cultural Rights, from which some obligations derive. One of these obligations is the progressive realization of economic, social, cultural rights, and the prohibition of retrogression. Even though, limited economic resources require the careful allocation and redistribution of public spending, a practice that has led to the reduced allocation of public resources for some programs considered essential in the acquisition of human rights. The shift in the allocation of public spending in Mexico may ultimately deepen in the coming months and couple years, because of the imminent economic crisis caused by the COVID-19 pandemic. This article analyses the extent to which the Mexican government can, based on austerity, redistribution, or economic crises, make decisions that imply retrogression of rights without violating the obligation to progressive fulfillment stated in the International Covenant on Economic, Social and Cultural Rights.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45767550","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 : 2021-08-03DOI: 10.22201/IIJ.24485306E.2021.1.16093
Zulima González
In 2009, Mexican Courts started to engage in a transnational conversation between foreign courts. After Mexico was sentenced by the Inter- American Court of Human Rights (IACHR) in the case of Radilla Pacheco, the Mexican Supreme Court determined, among other things, that all national judges must examine the human rights interpretations issued by the Federal Judiciary and the IACHR, choosing the most favorable and effective interpretation to protect human rights, applying the pro homine principle. Nonetheless, nothing has been said about using case law from foreign courts as persuasive authority to find this “most favorable and effective interpretation of human rights” in Mexico. This article analyses whether Mexican courts should take into account the interpretations of foreign courts as persuasive authority when determining standards and scope of human rights, besides IACHR case law. I evaluate different theories that support the use and citation of foreign precedents, as well as arguments that raise concerns about citing foreign courts to interpret domestic legal frameworks. I conclude that, in order to make use of the most effective principles and standards of human rights, as the pro persona principle suggest, Mexican Courts should consider foreign case law.
{"title":"An Invitation to Mexican Courts to Engage with Transnational Sources of Law","authors":"Zulima González","doi":"10.22201/IIJ.24485306E.2021.1.16093","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.1.16093","url":null,"abstract":"In 2009, Mexican Courts started to engage in a transnational conversation between foreign courts. After Mexico was sentenced by the Inter- American Court of Human Rights (IACHR) in the case of Radilla Pacheco, the Mexican Supreme Court determined, among other things, that all national judges must examine the human rights interpretations issued by the Federal Judiciary and the IACHR, choosing the most favorable and effective interpretation to protect human rights, applying the pro homine principle. Nonetheless, nothing has been said about using case law from foreign courts as persuasive authority to find this “most favorable and effective interpretation of human rights” in Mexico. This article analyses whether Mexican courts should take into account the interpretations of foreign courts as persuasive authority when determining standards and scope of human rights, besides IACHR case law. I evaluate different theories that support the use and citation of foreign precedents, as well as arguments that raise concerns about citing foreign courts to interpret domestic legal frameworks. I conclude that, in order to make use of the most effective principles and standards of human rights, as the pro persona principle suggest, Mexican Courts should consider foreign case law.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45333727","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 : 2021-08-03DOI: 10.22201/IIJ.24485306E.2021.1.16092
Isabel Anayanssi Orizaga Inzunza
Since the adoption of the term femicide for gender-based killings of women, the theoretical development and transition of this definition to a legal concept has contributed to the acknowledgment of this phenomenon as the most extreme manifestation of violence against women. In the international sphere, the regional systems of protection of human rights appear as fertile soil for victims of femicide to claim protection. Consequently, the European Court, Inter-American, and the ECOWAS Court of human rights play an important role in the investigation, prosecution, and reparation of femicide in their regions. Nevertheless, through their jurisprudence in the matter, regional courts of human rights have adopted different approaches for femicide. This shows striking differences in the recognition of the phenomenon of femicide, the development of State obligations, and the reparation for victims. The minimalistic approach applied by the European Court in its cases, as well as a single precedent of feminicide studied by the ECOWAS Court, makes us turn the view to the Inter-American Court of Human Rights. Based on its maximalist approach, the Inter-American Court has gone beyond its sister courts to establish a consolidated recognition of the phenomenon of femicide, and to develop in a wider and deeper way the scope of State obligations and reparations on femicide cases.
{"title":"Femicides: Different Approaches from the Regional Protection of Human Rights","authors":"Isabel Anayanssi Orizaga Inzunza","doi":"10.22201/IIJ.24485306E.2021.1.16092","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.1.16092","url":null,"abstract":"Since the adoption of the term femicide for gender-based killings of women, the theoretical development and transition of this definition to a legal concept has contributed to the acknowledgment of this phenomenon as the most extreme manifestation of violence against women. In the international sphere, the regional systems of protection of human rights appear as fertile soil for victims of femicide to claim protection. Consequently, the European Court, Inter-American, and the ECOWAS Court of human rights play an important role in the investigation, prosecution, and reparation of femicide in their regions. Nevertheless, through their jurisprudence in the matter, regional courts of human rights have adopted different approaches for femicide. This shows striking differences in the recognition of the phenomenon of femicide, the development of State obligations, and the reparation for victims. The minimalistic approach applied by the European Court in its cases, as well as a single precedent of feminicide studied by the ECOWAS Court, makes us turn the view to the Inter-American Court of Human Rights. Based on its maximalist approach, the Inter-American Court has gone beyond its sister courts to establish a consolidated recognition of the phenomenon of femicide, and to develop in a wider and deeper way the scope of State obligations and reparations on femicide cases.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49541657","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.2021.2.15336
Juan Santiago Ylarri
There is broad consensus among legal scholars about the existence of a permanent economic emergency in Argentina. This article examines the origin of the doctrine of economic emergency and its evolution in the Argentine Supreme Court of Justice decisions. Various regulatory devices implemented to face the economic crises are analyzed, and it is emphasized that the declaration of a state of emergency has not been made only by means of Congress formal legislation, but through the legislative powers of the President. The requirements for the validity of regulations of emergency are set forth in this article, including the actual existence of a state of emergency, a public interest, that the measure be reasonable, and the provisional nature of the emergency. Considering that courts have not exerted proper judicial review over the regulations of emergency, guideli¬nes to implement adequate judicial review over the subject at issue are presented. It is stated that the declaration of economic emergency and the factual circumstances underlying such declaration is a question subject to judicial review. In exercising the judicial review about this issue, two dimensions may be considered. First, timing, and, second, the correlation that must exist between a regulation —law, legislative delegation, or a decree of necessity and urgency— and the emergency situation it is intended to fight against. Finally, specific features of judicial review depending on the type of regulation that has declared the emergency are studied.
{"title":"Permanent Economic Emergency in Argentina and its Constitutional Implications","authors":"Juan Santiago Ylarri","doi":"10.22201/IIJ.24485306E.2021.2.15336","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.2.15336","url":null,"abstract":"There is broad consensus among legal scholars about the existence of a permanent economic emergency in Argentina. This article examines the origin of the doctrine of economic emergency and its evolution in the Argentine Supreme Court of Justice decisions. Various regulatory devices implemented to face the economic crises are analyzed, and it is emphasized that the declaration of a state of emergency has not been made only by means of Congress formal legislation, but through the legislative powers of the President. The requirements for the validity of regulations of emergency are set forth in this article, including the actual existence of a state of emergency, a public interest, that the measure be reasonable, and the provisional nature of the emergency. Considering that courts have not exerted proper judicial review over the regulations of emergency, guideli¬nes to implement adequate judicial review over the subject at issue are presented. It is stated that the declaration of economic emergency and the factual circumstances underlying such declaration is a question subject to judicial review. In exercising the judicial review about this issue, two dimensions may be considered. First, timing, and, second, the correlation that must exist between a regulation —law, legislative delegation, or a decree of necessity and urgency— and the emergency situation it is intended to fight against. Finally, specific features of judicial review depending on the type of regulation that has declared the emergency are studied.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45330463","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.2021.2.15338
Stephen D. Morris
Despite heightened attention to corruption, multiple reform efforts, and democratization in the past few decades, corruption remains stubbornly per¬sistent throughout the world. Much of the research on corruption highlights an inverse relationship linking corruption to the rule of law and to democracy. But rather than concentrate on the relationships among these critical variables, this research note focuses its attention on the intense debates in the literature over how to define these key concepts and the competing definitions. Analysis differentiates thin and thick definitions of each of the three concepts, highlights their shared emphasis on limiting state power and their use of vague criteria to demarcate the conceptual boundaries. Amid intense debate, all three essentially ground their li¬mits on state power on rather vague notions of justice, equality, or the common or public good. The main argument here is that in many cases this results in a con¬ceptual overlap and blurred boundaries. Depending on the definition employed, corruption can be seen as conceptually embedded within the notion of the rule of law which, in turn, is encompassed within our understanding of democracy. At one level, these common conceptual components potentially fashion tautologies and oxymora, complicating questions about the theoretical relationships among them: is it even possible for a country to have high levels of corruption and strong rule of law? Or high levels of corruption and yet still be considered democratic? At an empirical level, the conceptual overlap complicates the examination of such theoretical linkages because of endogeneity potential. I illustrate this pro¬blem briefly by noting how in some cases the indices of democracy encompass measures of the rule of law or corruption, and vice versa. The essay concludes by highlighting how disaggregating the concepts raises other interesting questions and analytical challenges.
{"title":"Corruption, Rule of Law and Democracy: Concepts, Boundaries and Oxymora","authors":"Stephen D. Morris","doi":"10.22201/IIJ.24485306E.2021.2.15338","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.2.15338","url":null,"abstract":"Despite heightened attention to corruption, multiple reform efforts, and democratization in the past few decades, corruption remains stubbornly per¬sistent throughout the world. Much of the research on corruption highlights an inverse relationship linking corruption to the rule of law and to democracy. But rather than concentrate on the relationships among these critical variables, this research note focuses its attention on the intense debates in the literature over how to define these key concepts and the competing definitions. Analysis differentiates thin and thick definitions of each of the three concepts, highlights their shared emphasis on limiting state power and their use of vague criteria to demarcate the conceptual boundaries. Amid intense debate, all three essentially ground their li¬mits on state power on rather vague notions of justice, equality, or the common or public good. The main argument here is that in many cases this results in a con¬ceptual overlap and blurred boundaries. Depending on the definition employed, corruption can be seen as conceptually embedded within the notion of the rule of law which, in turn, is encompassed within our understanding of democracy. At one level, these common conceptual components potentially fashion tautologies and oxymora, complicating questions about the theoretical relationships among them: is it even possible for a country to have high levels of corruption and strong rule of law? Or high levels of corruption and yet still be considered democratic? At an empirical level, the conceptual overlap complicates the examination of such theoretical linkages because of endogeneity potential. I illustrate this pro¬blem briefly by noting how in some cases the indices of democracy encompass measures of the rule of law or corruption, and vice versa. The essay concludes by highlighting how disaggregating the concepts raises other interesting questions and analytical challenges.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46742511","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.2021.2.15089
Azul América Aguiar Aguilar
With the transition to democracy, Latin American countries have embarked on implementing judicial reforms to redesign justice-sector institutions and build up the rule of law in the region. Reform efforts included empowe¬ring the courts, granting political independence to the public prosecutor’s office, professionalizing the public defender offices and implementing the accusatory criminal system in justice-sector institutions. To what extent are the reforms tar¬geted at the public defender offices changing the way legal defense is provided? In this article, after discussing a theoretical framework that captures and opera¬tionalizes the concepts of a merit-based career system, an accusatory criminal justice system and effective legal representation, I examine the extent to which the changes of transitioning from an inquisitorial to an adversarial system and from a non-merit-based career system to a merit-based career system have affec¬ted the way legal counsel is provided at subnational public defender offices. To accomplish this, I provide both a de jure and de facto measures (indicators of reform implementation). To identify the de jure indicators, I consulted legal texts (constitutions and secondary laws), and to gauge how the de facto indi¬cators work, I relied on interviews with public defenders, reports and academic documents. I collected 50 interviews with public defense attorneys from three Mexican states: Baja California Sur, Jalisco and Nuevo León. Findings from these states suggest that as reform implementation advances, public defenders have more tools to offer legal representation; more specifically, they are better trained, in addition to having higher salaries, a lower caseload per defender and increased access to forensic services.
{"title":"Gaining Access to Justice: A Subnational Study of the Public Defender’s Office in Mexico","authors":"Azul América Aguiar Aguilar","doi":"10.22201/IIJ.24485306E.2021.2.15089","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.2.15089","url":null,"abstract":"With the transition to democracy, Latin American countries have embarked on implementing judicial reforms to redesign justice-sector institutions and build up the rule of law in the region. Reform efforts included empowe¬ring the courts, granting political independence to the public prosecutor’s office, professionalizing the public defender offices and implementing the accusatory criminal system in justice-sector institutions. To what extent are the reforms tar¬geted at the public defender offices changing the way legal defense is provided? In this article, after discussing a theoretical framework that captures and opera¬tionalizes the concepts of a merit-based career system, an accusatory criminal justice system and effective legal representation, I examine the extent to which the changes of transitioning from an inquisitorial to an adversarial system and from a non-merit-based career system to a merit-based career system have affec¬ted the way legal counsel is provided at subnational public defender offices. To accomplish this, I provide both a de jure and de facto measures (indicators of reform implementation). To identify the de jure indicators, I consulted legal texts (constitutions and secondary laws), and to gauge how the de facto indi¬cators work, I relied on interviews with public defenders, reports and academic documents. I collected 50 interviews with public defense attorneys from three Mexican states: Baja California Sur, Jalisco and Nuevo León. Findings from these states suggest that as reform implementation advances, public defenders have more tools to offer legal representation; more specifically, they are better trained, in addition to having higher salaries, a lower caseload per defender and increased access to forensic services.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49599303","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.2021.2.15335
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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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,
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