Investment Cases in the Mexican Legal System: Willingness to Compensate, Federalism Issues, and Parallel Litigation
Document Type
Book Section
Publication Date
4-2022
ISBN
9781509929047
DOI
10.5040/9781509929078.ch-034
Abstract
This chapter describes the major decisions that defined the way the Mexican system interacts with international investment awards. It is one example of the way the investment regime interacts with domestic courts in Latin America. The case of Mexico, however, is exceptional in that it has been highly influenced by the 1994 North American Free Trade Agreement (NAFTA) cases and its unique ‘waiver’ to initiate domestic proceedings provision. Other domestic judiciaries in Latin America, such as Colombia, have had the opportunity to engage in meaningful discussions on the constitutionality of investment treaties. As will be explained below, the substantive discussion on the constitutionality of investment agreements or investment chapters in trade agreements has not been discussed in Mexico.
First Page
591
Last Page
602
Num Pages
12
Publisher
Hart Publishing
Editor
Hélène Ruiz Fabri & Edoardo Stoppion
Book Title
International Investment Law: An Analysis of the Major Decisions
Recommended Citation
Guillermo J. Garcia Sanchez,
Investment Cases in the Mexican Legal System: Willingness to Compensate, Federalism Issues, and Parallel Litigation,
in
International Investment Law: An Analysis of the Major Decisions
591
(Hélène Ruiz Fabri & Edoardo Stoppion eds., 2022).
Available at:
https://scholarship.law.tamu.edu/facscholar/1643