Pub Date : 2019-06-27DOI: 10.22201/IIJ.24485306E.2019.2.13643
Carlos Soriano Cienfuegos
This note supports the hypothesis that democratization and openness to international human rights law in Mexico brought about a structural change in its constitutional principles. This was mainly the result of substantially transforming the meaning - and especially the scope - legally given to political rights. The change from prerogatives to rights is not only a matter of nomenclature, but also a 180-degree shift, at both practical and epistemological levels. In addition to this, the project to establish a Ius Constitutionale Commune in the region, based on human rights standards, has been an equally important change as it has placed the human person at the heart of the matter.
{"title":"Structural Transformations of Political Rights: the Mexican Case","authors":"Carlos Soriano Cienfuegos","doi":"10.22201/IIJ.24485306E.2019.2.13643","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.2.13643","url":null,"abstract":"This note supports the hypothesis that democratization and openness to international human rights law in Mexico brought about a structural change in its constitutional principles. This was mainly the result of substantially transforming the meaning - and especially the scope - legally given to political rights. The change from prerogatives to rights is not only a matter of nomenclature, but also a 180-degree shift, at both practical and epistemological levels. In addition to this, the project to establish a Ius Constitutionale Commune in the region, based on human rights standards, has been an equally important change as it has placed the human person at the heart of the matter.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43901953","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 : 2019-06-27DOI: 10.22201/IIJ.24485306E.2019.2.13640
Alejandro González
The UN Guiding Principles on Business and Human Rights (UNGP) marked the end of a long journey towards regulating corporate conduct on this issue. However, they were conceived only as a focal point to guide public, corporate and civil governance towards the respect and protection of human rights. For this reason, the UNGP function as a common platform on which new rules and strategies should be developed. In this sense, as an element of public governance, Mexico adopted the criminal liability of corporations (CLC), which entered into force in 2016, along with the accusatory criminal justice system. Thus, since one of the purposes of criminal law is the subsidiary protection of legal assets —most of which have an underlying fundamental right—, the purpose of this article is to determine whether or not Mexico’s adoption of the CLC enhances the implementation of the UNGP, and if so, to evaluate its scope and limitations. After scrutinizing the UNGP in light of the regulation of the CLC in Mexico, the author argues that, although its performance can be optimized in many ways, the CLC plays an essential role in the area of business and human rights, not only for its direct contributions, but also for the interaction it generates with corporate and civil governance.
{"title":"The Criminal Liability of Corporations: A Step Forward in the Implementation of the United Nations Guiding Principles on Business and Human Rights","authors":"Alejandro González","doi":"10.22201/IIJ.24485306E.2019.2.13640","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.2.13640","url":null,"abstract":"The UN Guiding Principles on Business and Human Rights (UNGP) marked the end of a long journey towards regulating corporate conduct on this issue. However, they were conceived only as a focal point to guide public, corporate and civil governance towards the respect and protection of human rights. For this reason, the UNGP function as a common platform on which new rules and strategies should be developed. In this sense, as an element of public governance, Mexico adopted the criminal liability of corporations (CLC), which entered into force in 2016, along with the accusatory criminal justice system. Thus, since one of the purposes of criminal law is the subsidiary protection of legal assets —most of which have an underlying fundamental right—, the purpose of this article is to determine whether or not Mexico’s adoption of the CLC enhances the implementation of the UNGP, and if so, to evaluate its scope and limitations. After scrutinizing the UNGP in light of the regulation of the CLC in Mexico, the author argues that, although its performance can be optimized in many ways, the CLC plays an essential role in the area of business and human rights, not only for its direct contributions, but also for the interaction it generates with corporate and civil governance.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41739254","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 : 2019-06-27DOI: 10.22201/IIJ.24485306E.2019.2.13637
Sergio Alejandro Rea Granados
This article aims to study and analyses the different problems, realities and challenges faced by children and adolescents that require international protection in the case of Mexico and Central America. This is due to the fact that the phenomenon of human mobility from a human rights perspective has not been a priority in the Americas region. On the contrary, this phenomenon is seen from a national security perspective, which causes that children and adolescents who require international protection are unnoticed as a result their human rights are easily attacked making them vulnerable. Due to international laws on refugees, this article proposes to find possible solutions to protect their human rights and rights recognized by refugee law. Firstly, the identification of unaccompanied refugee children and adolescents within the mixed migratory flows in the case of Mexico and Central America. Secondly, it also aims to find possible solutions to give them access to the asylum procedure as a result to protect their rights such as non-refoulement and the best interests of the child. Rights not only recognized by international refugee laws, but also by international human rights law, which are mandatory and part of the international obligations on those countries of study.
{"title":"Difficulties in Identifying Unaccompanied Refugee Children in Mixed Migration Flows: The Case of Mexico and Central America","authors":"Sergio Alejandro Rea Granados","doi":"10.22201/IIJ.24485306E.2019.2.13637","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.2.13637","url":null,"abstract":"This article aims to study and analyses the different problems, realities and challenges faced by children and adolescents that require international protection in the case of Mexico and Central America. This is due to the fact that the phenomenon of human mobility from a human rights perspective has not been a priority in the Americas region. On the contrary, this phenomenon is seen from a national security perspective, which causes that children and adolescents who require international protection are unnoticed as a result their human rights are easily attacked making them vulnerable. Due to international laws on refugees, this article proposes to find possible solutions to protect their human rights and rights recognized by refugee law. Firstly, the identification of unaccompanied refugee children and adolescents within the mixed migratory flows in the case of Mexico and Central America. Secondly, it also aims to find possible solutions to give them access to the asylum procedure as a result to protect their rights such as non-refoulement and the best interests of the child. Rights not only recognized by international refugee laws, but also by international human rights law, which are mandatory and part of the international obligations on those countries of study.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45363349","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 : 2019-06-27DOI: 10.22201/IIJ.24485306E.2019.2.13636
K. Sutton, Inan Uluc
Historically, the relationship between Mexico and the United States was one of respect, understanding, and cooperation. Geographic proxim¬ity demands that the two nations exist in harmony and collaborate to maintain a safe border and sustainable water consumption. However, with increasing frequency, the Department of Homeland Security challenges bi-lateral treaties entered into by Mexico and the United States. These treaties continue to face infringement as U.S. Presidents, past and present, build larger, longer south¬ern border walls. This article explores the federal laws supporting this border construction and further discusses the sparse caselaw examining constitutional challenges raised against the Department of Homeland Security regarding the Secretary’s waiver authority. Following this exploration, this study probes into the powers of treaty law as strong legal authority used to challenge and prevent future wall construction.
{"title":"Donald Trump’s Border Wall and Treaty Infringement","authors":"K. Sutton, Inan Uluc","doi":"10.22201/IIJ.24485306E.2019.2.13636","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.2.13636","url":null,"abstract":"Historically, the relationship between Mexico and the United States was one of respect, understanding, and cooperation. Geographic proxim¬ity demands that the two nations exist in harmony and collaborate to maintain a safe border and sustainable water consumption. However, with increasing frequency, the Department of Homeland Security challenges bi-lateral treaties entered into by Mexico and the United States. These treaties continue to face infringement as U.S. Presidents, past and present, build larger, longer south¬ern border walls. This article explores the federal laws supporting this border construction and further discusses the sparse caselaw examining constitutional challenges raised against the Department of Homeland Security regarding the Secretary’s waiver authority. Following this exploration, this study probes into the powers of treaty law as strong legal authority used to challenge and prevent future wall construction.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48058948","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 : 2019-01-24DOI: 10.22201/IIJ.24485306E.2019.1.13131
P. Rodriguez
The criminal justice process should not involve obtaining the truth at any price. This article discusses how Mexico has adopted exceptional regulations which violate due process considerations and create a problematic breach of the rule of law. We argue that, at a time when Mexican society suffers the consequences of organized crime, the Constitution provides for two types of regulations: one protecting human rights, which are the foundation of the rule of law; and another which infringes on the individual rights of those suspected of having participated in organized criminal activity. We examine mechanisms such as preventive detention and preventive imprisonment and analyze their treatment under Mexican law as well as in international agreements. We explore whether or not the fight against criminality and the prosecution of criminals “by any means necessary” is more important that the protection of the human rights of those suspected of illegal activity. We conclude by suggesting that the response to criminality should not require limitations on the constitutional freedoms of citizens.
{"title":"Criminal Justice, Due Process and the Rule of Law in Mexico","authors":"P. Rodriguez","doi":"10.22201/IIJ.24485306E.2019.1.13131","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.1.13131","url":null,"abstract":"The criminal justice process should not involve obtaining the truth at any price. This article discusses how Mexico has adopted exceptional regulations which violate due process considerations and create a problematic breach of the rule of law. We argue that, at a time when Mexican society suffers the consequences of organized crime, the Constitution provides for two types of regulations: one protecting human rights, which are the foundation of the rule of law; and another which infringes on the individual rights of those suspected of having participated in organized criminal activity. We examine mechanisms such as preventive detention and preventive imprisonment and analyze their treatment under Mexican law as well as in international agreements. We explore whether or not the fight against criminality and the prosecution of criminals “by any means necessary” is more important that the protection of the human rights of those suspected of illegal activity. We conclude by suggesting that the response to criminality should not require limitations on the constitutional freedoms of citizens.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44071496","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 : 2019-01-24DOI: 10.22201/IIJ.24485306E.2019.1.13132
Nuria González Martín
This note is a brief analysis on one of the most recent developments of the work initiated by the International Social Service, ISS, in order to create a global international family mediation program that will transition from a collaborative process into an international network of specialized mediators, where a mediator profile is fundamental. The author of this article was part of the ISS group that convened in Geneva in May, 2017.
{"title":"Towards a Global International Family Mediation Program: the Profile of a Mediator in Mexico","authors":"Nuria González Martín","doi":"10.22201/IIJ.24485306E.2019.1.13132","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.1.13132","url":null,"abstract":"This note is a brief analysis on one of the most recent developments of the work initiated by the International Social Service, ISS, in order to create a global international family mediation program that will transition from a collaborative process into an international network of specialized mediators, where a mediator profile is fundamental. The author of this article was part of the ISS group that convened in Geneva in May, 2017.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48081681","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 : 2019-01-24DOI: 10.22201/IIJ.24485306E.2019.1.13129
Alicia Gutiérrez González
The main objective of this article is to give an overview of both the right to a clean and healthy environment adopted in international and national agreements, and the effects that the release of genetically modified organisms (GMOs) into the environment (especially genetically modified maize) may cause to human, animal and plant health. This article is divided into three sections: The first section focuses on the right to a clean and healthy environment and its enjoyment as a third generation human right in Mexico and the European Union; the second section briefly examines the global status of commercialized biotech/GM crops worldwide as well as the benefits and risks that the release of GMOs into the environment may cause to human, animal and plant health, and looks at the lack of protection of maize in Mexico as a Centre of Origin and Centre of Genetic Diversity (COD); and the third section analyses and compares the insufficient legal protection in Mexico with the strict legal regime in the European Union regarding the release of GMOs into the environment. I propose that Mexico should only cultivate genetically modified maize using biosafety techniques in arid zones, with the aim of protecting the genetic diversity of maize. This contrasts with the EU regulations because the EU has no genetic diversity of maize to protect. In increasing protections and following specific programs for the cultivation of genetically modified maize, the right to a clean and healthy environment could be guaranteed.
{"title":"The Right to a Clean and Healthy Environment: GMOS in Mexico and the European Union","authors":"Alicia Gutiérrez González","doi":"10.22201/IIJ.24485306E.2019.1.13129","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.1.13129","url":null,"abstract":"The main objective of this article is to give an overview of both the right to a clean and healthy environment adopted in international and national agreements, and the effects that the release of genetically modified organisms (GMOs) into the environment (especially genetically modified maize) may cause to human, animal and plant health. This article is divided into three sections: The first section focuses on the right to a clean and healthy environment and its enjoyment as a third generation human right in Mexico and the European Union; the second section briefly examines the global status of commercialized biotech/GM crops worldwide as well as the benefits and risks that the release of GMOs into the environment may cause to human, animal and plant health, and looks at the lack of protection of maize in Mexico as a Centre of Origin and Centre of Genetic Diversity (COD); and the third section analyses and compares the insufficient legal protection in Mexico with the strict legal regime in the European Union regarding the release of GMOs into the environment. I propose that Mexico should only cultivate genetically modified maize using biosafety techniques in arid zones, with the aim of protecting the genetic diversity of maize. This contrasts with the EU regulations because the EU has no genetic diversity of maize to protect. In increasing protections and following specific programs for the cultivation of genetically modified maize, the right to a clean and healthy environment could be guaranteed.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41401015","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 : 2019-01-24DOI: 10.22201/IIJ.24485306E.2019.1.13130
Del Castillo
The purpose of this article is to understand how asset freezing works in the United States of America and in Mexico, as well as the contrasts and similarities in both systems. The threats posed to civil rights that can arise from asset freezing led us to compare the judicial criteria held by the US Courts and the corresponding reasoning in the Mexican legal system. Alternative rulings from European courts are also considered. Finally, some recommendations are made to improve due process in the Mexican legal system after preventing money laundering and funding terrorism when freezing financial assets.
{"title":"Freezing Financial Assets in The United States and in Mexico: Contrasts in Constitutionality and Legal Parallels","authors":"Del Castillo","doi":"10.22201/IIJ.24485306E.2019.1.13130","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.1.13130","url":null,"abstract":"The purpose of this article is to understand how asset freezing works in the United States of America and in Mexico, as well as the contrasts and similarities in both systems. The threats posed to civil rights that can arise from asset freezing led us to compare the judicial criteria held by the US Courts and the corresponding reasoning in the Mexican legal system. Alternative rulings from European courts are also considered. Finally, some recommendations are made to improve due process in the Mexican legal system after preventing money laundering and funding terrorism when freezing financial assets.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48388759","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 : 2019-01-24DOI: 10.22201/iij.24485306e.2019.1.13127
E. Vargas, D. Esparza
After a recent increase in violence, policy makers and advocates in Mexico have proposed new firearm legislation that would shift Mexican gun policies towards a more permissive approach. Following the argument of ‘selfdefense’, these initiatives would facilitate citizens’ access to guns by allowing them to carry firearms in automobiles and businesses. These initiatives have been developed without a deep analysis of the effects of permissive gun laws. In this article, the authors present an assessment of what Mexican policymakers and advocates should be aware of regarding permissive gun laws using the example of the United States, the nation with the highest rate of gun ownership in the world and where these policies are already in effect.
{"title":"Should Mexico Adopt Permissive Gun Policies? Lessons From The United States","authors":"E. Vargas, D. Esparza","doi":"10.22201/iij.24485306e.2019.1.13127","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2019.1.13127","url":null,"abstract":"After a recent increase in violence, policy makers and advocates in Mexico have proposed new firearm legislation that would shift Mexican gun policies towards a more permissive approach. Following the argument of ‘selfdefense’, these initiatives would facilitate citizens’ access to guns by allowing them to carry firearms in automobiles and businesses. These initiatives have been developed without a deep analysis of the effects of permissive gun laws. In this article, the authors present an assessment of what Mexican policymakers and advocates should be aware of regarding permissive gun laws using the example of the United States, the nation with the highest rate of gun ownership in the world and where these policies are already in effect.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44743870","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 : 2019-01-24DOI: 10.22201/IIJ.24485306E.2019.1.13126
J. Gracia
This article describes the crisis of representative democracy, and the need to bolster modalities of direct, participatory, deliberative and communitarian democracy in order to overcome the rift between the governed and the government. A brief overview of some current constitutional models underlines the fact that critical and popular modes of constitutionalism are absent in Mexico. The conclusion of the article evaluates and critiques the instruments of direct and communitarian democracy that were inscribed into Mexico City’s recently approved local Constitution.
{"title":"Popular Constitutionalism and Forms of Democracy","authors":"J. Gracia","doi":"10.22201/IIJ.24485306E.2019.1.13126","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.1.13126","url":null,"abstract":"This article describes the crisis of representative democracy, and the need to bolster modalities of direct, participatory, deliberative and communitarian democracy in order to overcome the rift between the governed and the government. A brief overview of some current constitutional models underlines the fact that critical and popular modes of constitutionalism are absent in Mexico. The conclusion of the article evaluates and critiques the instruments of direct and communitarian democracy that were inscribed into Mexico City’s recently approved local Constitution.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42232684","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}
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