Law Commons^™

State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger

Gabriel Eckstein

Throughout the world, international and state political boundaries divide groundwater resources into politically convenient jurisdictions. Subsurface water, however, does not recognize such borders and flows freely without regard to overlying politics. This disregard for the political dimension, coupled with the growing global importance of fresh water, has the potential for aggravating disputes and conflicts over the use, allocation, and preservation of such resources. To date, widely accepted norms of international law applicable to transboundary aquifers have yet to emerge. However, local and regional agreements, including both formal and unofficial arrangements, suggest the emergence of state practice that should be considered …

The Fine Print Of The Mexican Energy Reform, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

Five years ago, when Mexico transformed its energy sector, most commentators were worried about the government’s capacity to implement the reform. What would the upstream contracts look like? Would the auctions be transparent? How would international companies react? After two successful auction rounds, 107 signed contracts, and the creation of viable regulatory agencies to manage and monitor the reform agenda, the questions have changed. Today, Mexico’s capacity to implement energy reforms and attract foreign investment is no longer in doubt. Today, the most pressing questions about the reform concern its long-term sustainability. Can it survive the Mexican electoral cycles? Will …

Mexico's Energy Reform And The 2012 U.S.-Mexico Transboundary Agreement. An Opportunity For Efficient, Effective And Safe Exploitation Of The Gulf Of Mexico, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

Nature knows no legal boundaries. Resources cannot be stopped by walls with barbwire; no matter how high some people want to build them. They cross- national territories and expand under their logic. They belong to many nations, and they are there for the responsible exploitation of their communities. The Gulf of Mexico (Gulf) and its rich hydrocarbon deposits are no exceptions. The implication of this is that for the development of this enclosed sea area to be efficient, effective, and safe it requires not only the cooperation of government officials but also the inclusion of other actors, such as academic …

Assessment And Comparison Of Aviation Manufacturing Industries Throughout Mexico And Brazil, Omar E. Morsi, Kelly A. Whealan-George, Aaron D. Clevenger

Aaron D. Clevenger

This literature review serves to provide insight and understanding in regards to the evolving aviation manufacturing industry throughout the globe and more specifically, Mexico and Brazil. Increased demand for aircraft units both in the commercial and private sectors have led to unprecedented expansions in aircraft manufacturing across the industry. In order to illuminate certain potentials and current growth levels of such industries, this review will delve into an array of information and specifications in regards to economic, political, and cultural influences throughout both Mexican and Brazilian markets respectively. In conclusion, the review will identify the transformation of an aviation manufacturing …

Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow

M. C. Mirow

In attempting to construct United States-style judicial review for the Mexican Supreme Court in the 1880s, Ignacio Vallarta, president of the court, read Marbury in a way that preceded this use of the case in the United States. Using this surprising fact as a central example, this article makes several important contributions to the field of comparative constitutional law. The work demonstrates that through constitutional migration, novel readings of constitutional sources can arise in foreign fora. In an era when the United States Supreme Court may be accused of parochialism in its constitutional analysis, the article addresses the current controversy …

Contemporary Issues In Water Resources: U.S. Mexico Water, Food And Energy Nexus, Gina Warren

Gina Warren

No abstract provided.

Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein

Gabriel Eckstein

Transboundary aquifers found along the 2,000 mile-long border between Mexico and the United States are not governed by any treaty. Yet, these aquifers are the primary source of water for many of the twelve million people who live in this parched region. The region’s groundwater, however, is being over-exploited and contaminated, which is threatening the very life that it currently sustains. As populations continue to expand and current rates of haphazard development persist, the absence of an agreement for the management and allocation of this critical resource could lead to bi-national economic, social and environmental tragedies. This study reviews groundwater …

Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein

Gabriel Eckstein

Despite more than forty years of promises to the contrary, neither Mexico nor the United States have shown any inclination to pursue a border-wide pact to coordinate management of the border region’s transboundary ground water resources. As a result, these critical resources – which serve as the sole or primary source of fresh water for most border communities on both sides – are being overexploited and polluted, leaving the local population with little recourse. Imminently unsustainable, the situation portends a grim future for the region. In the absence of national governmental interests and involvement on either side of the frontier, …

Desarrollo Humano, Economía Y Democracia En Guanajuato, Fernando Barrientos Del Monte (Coordinador)

Fernando Barrientos Del Monte

Dada la relevancia que el trabajo en equipo ha adquirido en la ciencia contemporánea, el estudio de la realidad social en el estado es de gran importancia para comprender los distintos aspectos relacionados con la actividad pública. Guanajuato como su Universidad ha experimentado cambios, acelerados en algunos sectores sobre todo en la economía, de manera lenta en otros, como por ejemplo en el ámbito social y político. Como otras comunidades, los cambios son producto de la combinación de inercias e influencias externas y de elementos endógenos. ¿Cómo identificar esos cambios?; ¿De qué manera valorarlos y evaluarlos?; ¿Cuáles han sido y …

Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson

Stephen Joseph Powell

This Article discusses the current administration of the U.S. antidumping and countervailing duty laws in proceedings involving products from Mexico. Specifically, this Article begins by providing an overview of the basic statutory and regulatory provisions of the U.S. antidumping duty law, emphasizing the application of certain provisions in cases involving imports from Mexico. The Article then focuses its discussion upon recent developments in the U.S. countervailing duty law that have had a unique effect upon Mexican exporters. The Article continues by highlighting the antidumping and countervailing duty provisions of the recently concluded U.S.-Canada Free Trade Agreement (the "FTA" or "Agreement"). …

Daños Punitivos En Mexico. Renacimiento De La Responsabilidad Civil, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

La Suprema Corte de Justicia reconoce la existencia de los daños punitivos en México. Esta resolución tendrá un impacto importante en las demandas por responsabilidad civil y en los litigios transfronterizos.

Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing

Olivia L Blessing

The 19th century saw significant increases in the number of Chinese immigrants entering North America, most significantly on the west coast of the United States. Already facing increasing divide amongst the American population over the issue of the Opium Wars and the resulting Opium-addiction amongst the Chinese, the United States found itself now confronting the problem in the form of immigrant workers. Although the Opium Wars and the issue of the Chinese Opium Dens were highly disputed outside the courts, the State and Federal courts surprisingly avoided discussing the topic in their legislative discussions surrounding the Chinese Exclusion Act of …

Oportunidades Para Las Empresas Dentro De La Omc, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author provides a brief overview of the World Trade Organization (WTO), the International Monetary Fund (IMF) and the World Bank (WB) by explaining the context of their interrelationship. Afterwards, the author delves into a brief analysis of Mexico’s role in the International Trade arena and concludes by describing the paths through which the private sector can benefit from the WTO.///////////////////////////////////////////////////////////////////////////////////////El autor pone en contexto la interrelación entre la Organización Mundial del Comercio (OMC) el Banco Mundial (BM) y el Fondo Monetario Internacional (FMI). Posteriormente, el autor describe brevemente el rol de México dentro de las instituciones de Comercio Internacional …

Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns

Katherine L. Vaughns

Immigration reform is the subject of intense discussion among politicians, policy experts, analysts, and advocacy groups alike; America’s never-ending debate which today has been infected with shameless demagoguery, rendering sound policy choices virtually impossible. And in this political cauldron, the appearance of border security and control through symbolism and political rhetoric substitute for the practical realities that are essential to inform policymakers about the appropriate administration and enforcement of U.S. immigration laws. For Congress has had an ongoing, unsound focus on sealing the border it shares with Mexico, its southwestern neighbor, seemingly without regard to costs especially in the post-9/11 …

Syringe Confiscation As An Hiv Risk Factor: The Public Health Implications Of Arbitrary Policing In Tijuana And Ciudad Juarez, Mexico, Leo Beletsky, Remedios M. Lozada, Tommi Gaines, Daniela Abramovitz, Hugo Staines, Alicia Vera, Gudelia Rangel, Steffanie Strathdee, Jaime Arredondo

Leo Beletsky

Female sex workers who inject drugs (FSW-IDUs) face elevated risk for HIV/STIs and constitute a key population for public health prevention. Through direct and indirect pathways including human rights violations, policing practices like syringe confiscation can compound FSW-IDU health risk and facilitate the spread of disease. We studied correlates of experiencing syringe confiscation among FSW-IDUs in northern Mexico, where formal policy allows for syringes to be available over-the-counter without a prescription, but police practices are often at odds with the law. FSW-IDUs reporting recent syringe sharing and unprotected sex with clients in Tijuana and Ciudad Juarez were administered surveys and …

Poverty, Wealth And Inequality Through The Lens Of Globalization: Lessons From The United States And Mexico, Lucy A. Williams

Lucy A. Williams

This article seeks to expand the U.S. domestic poverty discourse to incorporate cross-border connections of social welfare policy, low-wage work, immigration and international economic organization. The author looks at the U.S. and Mexico as an example in which these multiple legal discourses can be analyzed. First, I explore the long-standing labor and immigration ties between the two countries, and the creation of a false dichotomy within the U.S. of those in wage work and single parent families receiving social assistance benefits. I then focus on recent changes in U.S. social welfare policy toward single mothers, many of whom are in …

Class Action In Mexico, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

In April 2011 the Mexican Parliament approved a legislative package that regulates class actions. The amended laws are six: (1) Federal Code of Civil Proceedings; (2) Federal Civil Code; (3) Federal Law of Economic Competence; (4) Federal Law of Consumer’s Protection; (4) Organic Law of the Federal Judicial Power; (5) General Law of Ecological Equilibrium and Environmental Protection; and (6) Law of Protection to the User of Financial Services. On August 30th 2011, the Federal Official Gazette published this amendment to the federal law.

Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa

Lance A Compa

This is a transcript of Professor Lance Compa’s presentation to the North American Agreement on Labor Cooperation Conference held in Washington, DC on November 12, 1996 and published in the American University Journal of International Law and Policy. [Excerpt] After all of the excellent comments this morning and so far this afternoon, both from the panelists and from the floor, I am not sure that I can say anything new about the NAALC. So, what I want to do in this intervention is add some comparative discussion with respect to the European Union and the social charter of the European …

Relación Entre Sectores Del Cine En México, Rodolfo C. Rivas Rea Esq., Juan Ángel Garza Vite Esq.

Rodolfo C. Rivas

A brief historical analysis of the film industry in Mexico that delves into the current state of affairs between producers, distributors and exhibitors. The authors also draw conclusions from current trend examples in the US and Europe.///////////////////////////////////////////Los autores realizan un breve análisis histórico de la industria cinematográfica en México, centrándose en particular en el estado de la relación entre productores, distribuidores y exhibidores. A partir de esto, los autores desarrollan conclusiones basados en tendencias actuales en los EE.UU. y Europa.

Is It Greek Or Déjà Vu All Over Again?: Neoliberalism, And Winners And Losers Of International Debt Crises, Tayyab Mahmud

Tayyab Mahmud

The global financial meltdown and the Great Recession of 2007-09 have brought into sharp relief the uneven distribution of gain and pain in economic crises. The 2009-10 debt crisis of Greece has resulted in a windfall for financial institutions at the expense of tax-payers, a rollback of welfare systems, and impoverishment of the working classes. This result is in tune with a pattern evidenced by the ubiquitous international debt crises of the last three decades, including the Latin American crisis of the 1980s, and the Asian crisis of 1990s. The recurrent international debt crises of the last three decades and …

The Politics Of Patents And Drugs In Brazil And Mexico: The Industrial Bases Of Health Policies, Kenneth C. Shadlen

Ken Shadlen

After introducing pharmaceutical patents in the 1990s, Brazil subsequently adjusted the patent system to ameliorate its effects on drug prices while Mexico introduced measures that reinforce and intensify these effects. The different trajectories are due to the nature of the actors pushing for reform and subsequent patterns of coalitional formation and political mobilization. In Brazil, government demand for expensive, patented drugs made health-oriented patent reform a priority, and the existence of an autonomous local pharmaceutical sector allowed the Ministry of Health to build a supportive coalition. In Mexico, government demand made reforms less urgent, and transformations of the pharmaceutical sector …

Is Nafta A Good Model For China?: Lessons From Mexico And The United States, Carmen G. Gonzalez

Carmen G. Gonzalez

In response to skyrocketing food prices, the global financial crisis, and the degradation of farm lands due to urbanization and industrialization, China has placed rural development at the top of its political agenda. China’s renewed emphasis on rural development is taking place against a backdrop of global efforts to reduce trade barriers in the agricultural sector. This article uses the North American Free Trade Agreement (NAFTA) as a case study on the complex ways that trade policy affects domestic efforts to protect the environment and promote rural development. The objective is to draw lessons from the experiences of the United …

Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks

Taunya Lovell Banks

Many legal scholars who write about Mexican mestizaje omit references to Afromexicans, Mexico’s African roots, and contemporary anti-black sentiments in the Mexican and Mexican American communities. The reasons for the erasure or invisibility of Mexico’s African roots are complex. It argues that post-colonial officials and theorists in shaping Mexico’s national image were influenced two factors: the Spanish colonial legacy and the complex set of rules creating a race-like caste system with a distinct anti-black bias reinforced through art; and the negative images of Mexico and Mexicans articulated in the United States during the early nineteenth century. The post-colonial Mexican becomes …

Law, Food, And Culture: Mexican Corn's National Identity Cooked In 'Tortilla Discourses' Post-Tlc/Nafta, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

This essay offers a brief inquiry concerning food and national identity as expressed in the law. It examines how in 2008 the Tratado de Libre Comercio de America de Norte/North American Free Trade Agreement (TLC/NAFTA) eliminates Mexican tariffs for corn imports from the U.S. or Canada. Corn is examined as a product steeped in centuries of cultural significance for Mexico. This essay prepares a three-course argument. Section I incorporates insights from the food studies discipline to argue that beyond serving for nourishment food possesses enormous cultural and commercial value. This creates a ripe and abundant subject for legal analysis, focusing …

International Migration And Sovereignty Reinterpretation In Mexico, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

Recent developments in Mexico's doctrine of non-intervention suggest that national experiences with migrant-sending influence how sovereignty concepts are applied in domestic law. Based on the concept of international sovereignty and included in Mexico's Constitution Article 89:X, the international law norm of non-intervention prohibits a country's foreign relations from interfering in another country's domestic affairs. With traditional sovereignty reasoning, the norm of non-intervention prohibited Mexico from having a foreign policy on its migrants in the US, because the issue intervened in US jurisdiction; such a policy would violate the norm and international sovereignty.

This essay's central claim is that recent developments …

Escogedoras And Molineras In Veracruz, Mexico (1928-32): Exploring The Political Role Of Popular Women In Post-Revolutionary Society, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

This article suggests that during Revolutionary state formation (1928-32) in Mexico, Veracruzano women had active roles in state politics. This political participation existed despite women in Mexico being denied legal rights to vote or to hold political office. This essay demonstrates how escogedoras (coffee sorters) and molineras (maize grinders) used their economic influence to negotiate with central and regional governments in Mexico. For escogedoras their participation in an export industry provided 'negotiation power' to participate in politics. For molineras working in an industry which dramatically decreased a woman's work-week from 30 plus hours to 4 hours provided them with similar …

Escogedoras And Molineras In Veracruz, Mexico (1928-32): Exploring The Political Role Of Popular Women In Post-Revolutionary Society, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

This article suggests that during Revolutionary state formation (1928-32) in Mexico, Veracruzano women had active roles in state politics. This political participation existed despite women in Mexico being denied legal rights to vote or to hold political office. This essay demonstrates how escogedoras (coffee sorters) and molineras (maize grinders) used their economic influence to negotiate with central and regional governments in Mexico. For escogedoras their participation in an export industry provided 'negotiation power' to participate in politics. For molineras working in an industry which dramatically decreased a woman's work-week from 30 plus hours to 4 hours provided them with similar …

The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene

Bernadette Atuahene

The Cuban Liberty and Democratic Solidarity (Libertad) Act (Helms-Burton Act) is the latest appendage to the Cuban embargo. Title III has caused an international uproar because it gives U.S. victims of Cuban expropriation a right of action within U.S. courts against third parties who traffic in confiscated property. For example, a U.S. citizen can sue a Canadian Mining company doing business in Cuba if they are operating on or using expropriated property. The Helms-Burton Act (HBA) targets U.S. allies who continue to trade and invest in Cuba regardless of pending U.S. claims of expropriation. In response to the HBA, Cuba, …