Mexican Law Review最新文献_第10页

Legal challenges of biometric immigration control systems 生物识别移民控制系统的法律挑战

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Mexican Law Review Pub Date : 2014-07-01 DOI: 10.1016/S1870-0578(16)30006-3

Vanessa Díaz

{"title":"Legal challenges of biometric immigration control systems","authors":"Vanessa Díaz","doi":"10.1016/S1870-0578(16)30006-3","DOIUrl":"10.1016/S1870-0578(16)30006-3","url":null,"abstract":"<div><p><span></span>This article analyzes the deployment of biometric systems in immigration control. It argues that public policy for biometric data collection and processing must be based on legal principles and involve the participation of diverse actors, including civil society organizations, industry associations, special privacy advocates and government officials. Such deployments must also involve control mechanisms that help ensure transparency and accountability. Based on a comparative study of biometric immigration control system deployment in four countries (Australia, Mexico, New Zealand and Spain), two types of asymmetries stand out: first, notable differences in the types of information collected, stored, processed, retrieved, updated, analyzed and exchanged; Second, the purposes for which biometric systems are currently used. In the latter case, wide divergence exists in areas for which these systems are employed, such as border control strategies and the use of travel documents, revealing that each nation chooses to use these systems at different points in the immigration process. These asymmetries pose both short and long-term challenges for international cooperation.</p></div>","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":"7 1","pages":"Pages 3-30"},"PeriodicalIF":0.1,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/S1870-0578(16)30006-3","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56834717","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Transitional justice, human rights and the restoration of credibility: Reconstructing Mexico’s social fabric 过渡时期司法、人权和恢复信誉:重建墨西哥的社会结构

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Mexican Law Review Pub Date : 2014-07-01 DOI: 10.1016/S1870-0578(16)30008-7

Humberto Cantú Rivera

{"title":"Transitional justice, human rights and the restoration of credibility: Reconstructing Mexico’s social fabric","authors":"Humberto Cantú Rivera","doi":"10.1016/S1870-0578(16)30008-7","DOIUrl":"10.1016/S1870-0578(16)30008-7","url":null,"abstract":"<div><p><span></span>Mexico is entering a phase of transitional justice. This can be observed in the numerous reforms and measures that are being taken to adapt the legal system to international standards, particularly those related to human rights and criminal justice. Some examples show an increased tendency to adhere to and enforce the rule of law and human rights; to recognize the official truth of authorized misconduct that took place in the past; to punish perpetrators, and above all, to ensure victims’ rights to truth and reparation. If these tendencies continue, it could potentially lead to the restoration of public trust in the authorities and pave the way for reconciliation between society and the State. While many experiences of traditional transitional justice have taken place in post-authoritarian contexts, the convergence of the main elements used in those traditional cases lead us to suggest that these models could also apply to societies in transition, not from a particular form of government to another, but from a developing democracy into a law-abiding society. In this sense, a bottom-up approach that aims at attaining truth, reform and change will be necessary to break a cycle of impunity and develop social and government institutions that respect and enforce the rule of law and human rights.</p></div>","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":"7 1","pages":"Pages 57-81"},"PeriodicalIF":0.1,"publicationDate":"2014-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/S1870-0578(16)30008-7","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56834827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Drug use and the right to health: An analysis of international law and the Mexican case 吸毒与健康权:国际法与墨西哥案例分析

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Mexican Law Review Pub Date : 2014-01-01 DOI: 10.1016/S1870-0578(16)30012-9

Miguel Antonio Núñez Valadez

引用次数: 1

Sustainable development and environmental legal protection in the european union: A model for Mexican courts to follow? 欧盟的可持续发展与环境法律保护:墨西哥法院可以效仿的模式?

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Mexican Law Review Pub Date : 2014-01-01 DOI: 10.1016/S1870-0578(16)30014-2

Luis A. Avilés

{"title":"Sustainable development and environmental legal protection in the european union: A model for Mexican courts to follow?","authors":"Luis A. Avilés","doi":"10.1016/S1870-0578(16)30014-2","DOIUrl":"10.1016/S1870-0578(16)30014-2","url":null,"abstract":"<div><p><span></span>Over the past several decades, sustainable development as a paradigm for balanced development has made its way into the constitutional regimes of many nations. The justiciability of sustainable development, however —particularly in the context of environmental legal protection— remains problematic for many legal systems, including Mexico. This article traces the evolution of sustainable development within an international context; analyzes its influence on treaties that led to the European Union; and evaluates the use of environmental protection by the European Union’s Court of Justice (referred to hereinafter as “ECJ”). An analysis of the interplay of the concept of sustainable development in the primary and secondary legislation of the European Union as interpreted by the ECJ leads us to the following conclusion: regarding the legal protection of the environment in the European Union, sustainable development may be viewed as a general principle of law that articulates a series of sub-principles contained in the treaties. These sub-principles include the precautionary principle and the “polluter-pays” principle. We also conclude that the unsystematic use of these sub-principles in the secondary legislation of the European Union weakens the ECJ’s coherent handling of the concept in its decisions. This article also suggests that Mexican judges would be well advised to carefully study sustainable development as employed by the ECJ in cases involving constitutional and international collective environmental claims which may arise under the recent amendments to the Amparo Law.</p></div>","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":"6 2","pages":"Pages 251-272"},"PeriodicalIF":0.1,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/S1870-0578(16)30014-2","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56834802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Reciprocity in Mexican relations with the united states: Past indicators of future dilemmas 墨西哥与美国关系中的互惠:未来困境的过去指标

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Mexican Law Review Pub Date : 2014-01-01 DOI: 10.1016/S1870-0578(16)30017-8

Max Paul Friedman

引用次数: 0

Migration of responsibility: The trust doctrine and the tohono o’odham nation 责任的迁移:信托主义与奥哈姆民族的荣誉

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Mexican Law Review Pub Date : 2014-01-01 DOI: 10.1016/S1870-0578(16)30015-4

Karrie A. Gurbacki

引用次数: 0

Mexican-American studies in tucson, arizona and the acosta v. huppenthal decision 亚利桑那州图森市的墨西哥裔美国人研究以及阿科斯塔诉赫彭塔尔案的裁决

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Mexican Law Review Pub Date : 2014-01-01 DOI: 10.1016/S1870-0578(16)30016-6

Molly Schiffer , Stephen A. Nuño

引用次数: 0

The security council and the illegal transfer of small arms and light weapons to non-state actors 安全理事会和向非国家行为体非法转让小武器和轻武器问题

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Mexican Law Review Pub Date : 2014-01-01 DOI: 10.1016/S1870-0578(16)30013-0

Gustavo Mauricio Bastien Olvera

引用次数: 2

Truth and victims’ rights: Towards a legal epistemology of international criminal justice 真相与受害者权利:国际刑事司法的法律认识论

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Mexican Law Review Pub Date : 2013-07-01 DOI: 10.1016/S1870-0578(16)30021-X

Edgar R. Aguilera

{"title":"Truth and victims’ rights: Towards a legal epistemology of international criminal justice","authors":"Edgar R. Aguilera","doi":"10.1016/S1870-0578(16)30021-X","DOIUrl":"10.1016/S1870-0578(16)30021-X","url":null,"abstract":"<div><p><span></span>The author advances the thesis that the now well established international crime victims’ right to know the truth creates an opportunity for an applied epistemology reflection regarding international criminal justice. At the heart of the project lies the author’s argument that this victims’ right —if taken seriously— implies both the right that the international criminal justice system’s normative structures or legal frameworks and practices feature a truth-promoting profile, or in other words, that they be designed, specified, and harmonized so as to enable the system as a whole to regularly lead to the formation of (fallible, though more likely) true beliefs about the world (both when it convicts and when it acquits); and a duty for the international community to implement the best epistemically-suited set of procedural and evidentiary rules and practices when it engages in the enterprise of engineering and setting in place international criminal tribunals, panels, chambers, or special courts. The author suggests that the research of the epistemologist Larry Laudan is quite relevant to the aims of the above project in that it outlines the general contours of a truth-promoting profile applicable to all instances of empirical systems of investigation. By contrasting Laudan’s guidelines with the legal frameworks and practices of some international criminal tribunals, the author holds (though of course more research is needed) both that the victims’ right to know the truth is being systematically transgressed at the international level in that these international institutions do not seem to possess an acceptable truth-promoting profile as one of their attributes; and that endowing them with such a profile is one of the ways in which the international community can pay its respects to victims’ concerns.</p></div>","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":"6 1","pages":"Pages 119-160"},"PeriodicalIF":0.1,"publicationDate":"2013-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/S1870-0578(16)30021-X","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56835475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

International support for justice reform: Is it worthwhile? 国际社会对司法改革的支持是否值得?

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Mexican Law Review Pub Date : 2013-07-01 DOI: 10.1016/S1870-0578(16)30020-8

Luis Pásara

{"title":"International support for justice reform: Is it worthwhile?","authors":"Luis Pásara","doi":"10.1016/S1870-0578(16)30020-8","DOIUrl":"10.1016/S1870-0578(16)30020-8","url":null,"abstract":"<div><p><span></span>Over the last twenty-five years, a number of justice reform projects funded by international actors have been implemented in Latin America. No less than 2 billion US dollars were disbursed for this purpose. Several questions on this issue are addressed in this article: How does international aid work in the field of justice and what is the rationale used? What is the relationship between and the dynamics of the actors who participate in international aid? What are the results of the funded projects and what limits have been encountered? Has international support for justice reform been worthwhile? The author elaborates on the central argument that international actors underperform their role mainly for two reasons. One, the approach used in the recipient country seriously restricts the proper comprehension of the root causes of the problems country faces. Two, international actors lack serious interest in learning. In the predominant approach, bureaucratic criteria prevail: projects are designed and promoted according to the aid agency’s blueprint, evaluation is usually poor and money is readily available. If in a given country there are no strong national actors, international agencies establish asymmetrical relationships with their counterparts, tend to import recipes that hardly suit the conditions in the country, and impose paths to reform that are difficult for local actors to appropriate. Cooperation agencies have disseminated an ideological construct based on a non-proven causal relationship between justice systems and economic growth as the driving force for reform. International actors could do better were they to develop a capacity for learning, but this goal seems difficult for them to reach.</p></div>","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":"6 1","pages":"Pages 75-118"},"PeriodicalIF":0.1,"publicationDate":"2013-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/S1870-0578(16)30020-8","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56835294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4