Mexican Law Review最新文献_第3页

Professional Midwives and their Regulatory Framework in Mexico 墨西哥的专业助产士及其监管框架

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Mexican Law Review Pub Date : 2019-12-04 DOI: 10.22201/IIJ.24485306E.2020.2.14174

Liliana López Arellano, Georgina Sánchez Ramírez, H. Cárdenas

{"title":"Professional Midwives and their Regulatory Framework in Mexico","authors":"Liliana López Arellano, Georgina Sánchez Ramírez, H. Cárdenas","doi":"10.22201/IIJ.24485306E.2020.2.14174","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.2.14174","url":null,"abstract":"The objective of this article is to show the legal situation of professional midwives in Mexico with respect to their work. The implications of the human rights framework as established in Article 1 of the Mexican Constitution are explored as a basis to regulate professional midwifery. Using comparative analysis methodology, the contents of different regulatory frame works for sexual and reproductive health in Mexico are studied, including those backed by international treaties and agreements. The results show that Mexican legislation includes midwifery to a certain extent, but fails to define concepts like the professionalization of midwifery, when midwives can work other than in hospitals, and they can be officially trained. Additionally, there is no legal recognition of this profession in educational and work standards. In conclusion, this research shows that there are enough international documents (agreements, conferences and recommendations) to serve as a frame of reference for redrafting Mexican standards, regulations and public policies on birth care provided by professional midwives. This would guarantee the safety of mothers who use midwifery services and give suitable professional training (with the respective creation of schools for this purpose) to the midwives who provide these services. Midwives would then be able to practice legally and help to improve maternal and reproductive health outcomes in the country.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48406303","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}

引用次数: 1

Choosing the Most Favorable Venue: Forum Shopping, Shopping Forums, and Legal Pluralism in Ecuador 选择最有利的地点:厄瓜多尔的论坛购物、购物论坛和法律多元化

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Mexican Law Review Pub Date : 2019-12-04 DOI: 10.22201/IIJ.24485306E.2020.2.14172

Oswaldo Ruiz Chiriboga

{"title":"Choosing the Most Favorable Venue: Forum Shopping, Shopping Forums, and Legal Pluralism in Ecuador","authors":"Oswaldo Ruiz Chiriboga","doi":"10.22201/IIJ.24485306E.2020.2.14172","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.2.14172","url":null,"abstract":"This article is based on an extensive literature review and the findings obtained after three trips to Ecuador, during which interviews and informal conversations were held with members of Indigenous communities, communal leaders, national judges, prosecutors, academics and practitioners. It uses the concepts of “forum shopping” and “shopping forums,” showing how these phenomena are present in both types of legal systems in Ecuador: Indigenous legal systems and the ordinary legal system. The examples provided by respondents or studied within existing legal doctrine are shared first, followed by a discussion of the opportunities and challenges the choice of forums and disputants may experience in terms of access to justice. The article also examines the ne bis in idem principle, which has been implemented to control or reduce forum shopping and shopping forums. According to this principle an individual who has faced trial in one system should not be prosecuted again in the other system. If well controlled and carefully analysed on a casebycase basis, forum shopping and shopping forum could be beneficial to individuals and communities, fostering access to justice and the protection of human rights, without disrespecting the autonomy of communities. Conversely, if poorly controlled or badly regulated, forum shopping and shopping forum could irreparably affect justice, harm individual rights or create impunity, leaving victims or the less powerful members of communities unprotected.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47399920","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}

引用次数: 1

Mexico 2018: An Opportunity for Popular Constitutionalism 墨西哥2018：大众宪政的机遇

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Mexican Law Review Pub Date : 2019-12-04 DOI: 10.22201/IIJ.24485306E.2020.2.14171

Roberto Niembro O.

引用次数: 0

Mexico and the United States in a Comparative Situational Approach 比较情境法中的墨西哥和美国

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Mexican Law Review Pub Date : 2019-12-04 DOI: 10.22201/IIJ.24485306E.2020.2.14175

Elisa Cruz Rueda

{"title":"Mexico and the United States in a Comparative Situational Approach","authors":"Elisa Cruz Rueda","doi":"10.22201/IIJ.24485306E.2020.2.14175","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.2.14175","url":null,"abstract":"This article performs a comparative analysis of the constitutional bases of the Mexican and U.S. legal systems, and how they are expressed in two case studies. Both case studies deal with human rights as expressed through a community’s relationship to territory. However, the communities in question are differentiated by their status as legal subjects. The U.S. case examines a community primarily comprised of European-American descendants; the Mexican case considers an indigenous community. Nevertheless, in both cases State involvement occurs that favors the interests of energy companies, rather than the expressed interests of the communities. The Mexican case documents an attempt to apply energy reform measures, without taking into account the rights of indigenous communities. The U.S. case shows how legal constructs have evolved to structurally favor corporate interests at the expense of human rights. These examples are used to demonstrate how democratic ideals, ostensibly protected by Mexican and U.S. constitutional systems, remain unfulfilled. While the case studies discuss how the law and the State relate to the governed, particularities exist due to the practices and procedures of the distinct governing bodies involved, and because the governed peoples - a community of European-American descent and an indigenous community in Mexico - are different legal subjects before the law. These are areas for future comparative analysis and beyond the scope of this article.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46941542","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}

引用次数: 0

The Limits of the International Judicial Function of the Mexican Federal Judiciary 墨西哥联邦司法机构国际司法职能的局限

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Mexican Law Review Pub Date : 2019-12-04 DOI: 10.22201/IIJ.24485306E.2020.2.14170

Virdzhiniya Petrova Georgieva

{"title":"The Limits of the International Judicial Function of the Mexican Federal Judiciary","authors":"Virdzhiniya Petrova Georgieva","doi":"10.22201/IIJ.24485306E.2020.2.14170","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.2.14170","url":null,"abstract":"Mexican judges are increasingly acting as international law judges. Their international judicial function includes a basic understanding of a judicial function per se: dispute resolution through the application and interpretation of legal rules by an independent and impartial judicial body. The international character of this work depends on the recourse to international law as a legal basis for the dispute settlement of the particular cases brought to their jurisdiction. Mexican judges are performing an international judicial function when they interpret international law norms and principles, when they guarantee private persons’ rights and duties under international law, and when they assess the conformity of domestic legislation with the international law commitments of the Mexican state. However, at present, Mexican judges are not behaving as ordinary judges of all international law. The place of international law in the Mexican Constitution, the slow democratization of the Mexican presidential regime and the deference of Mexican judges to the executive in foreign affairs help explain the constraints upon the international judicial function as experienced by Mexican judges. The general context of the Mexican political regime impacts the role of the federal judiciary with regards to the promotion of respect for the rule of law, domestically and internationally.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41629426","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}

引用次数: 0

Reflexivity and Rupture: Emancipation in Socialist and Democratic thought 反身性与断裂:社会主义民主思想的解放

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Mexican Law Review Pub Date : 2019-12-04 DOI: 10.22201/IIJ.24485306E.2020.2.14176

Jaime Eduardo Ortiz Leroux

引用次数: 0

Legal Recognition of the Digital Trade in Personal Data 个人数据数字交易的法律承认

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Mexican Law Review Pub Date : 2019-12-04 DOI: 10.22201/IIJ.24485306E.2020.2.14173

Itzayana Tlacuilo Fuentes

{"title":"Legal Recognition of the Digital Trade in Personal Data","authors":"Itzayana Tlacuilo Fuentes","doi":"10.22201/IIJ.24485306E.2020.2.14173","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2020.2.14173","url":null,"abstract":"In the digital world, millions of consumers transfer their personal data to access and use new Internet technologies every day. The technology industry is making immense profits from this data. It is a social and economic fact that peoples’ personal data is used as an asset in the digital economy. Should consumers be compensated for the value of their personal data? This article argues that it is time to legally recognize the trade in personal data. As a response to increasing crossborder flows, governments protect personal data with privacy frameworks. However, it remains the decision of the consumer to give consent for the transfer of their data. This article proposes that an international framework that recognizes the trade of personal data could generate proper protection for the digital trade, while incentivizing free crossborder data flows and allowing the market to determine the value of the personal data. Moreover, consumers could share in the profits made from their personal information and will personally control their information and privacy. The use of personal data as an asset is a reality that can no longer be avoided. It is necessary to create legal standards to make trade of personal data more transparent, efficient and fair. This article aims to explore the idea of trading in one’s personal data is not a surrealistic scenario, rather, in practice this trade already exists.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48735074","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}

引用次数: 1

The Mexican General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System: How Many Steps Forward? 墨西哥关于强迫失踪、个人犯下的失踪和国家失踪人员制度的一般法律:向前走了多少步?

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Mexican Law Review Pub Date : 2019-06-27 DOI: 10.22201/IIJ.24485306E.2019.2.13641

Salvador Leyva Morelos Zaragoza

{"title":"The Mexican General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System: How Many Steps Forward?","authors":"Salvador Leyva Morelos Zaragoza","doi":"10.22201/IIJ.24485306E.2019.2.13641","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.2.13641","url":null,"abstract":"In 2017, more than 40 years after some of the first documented cases of forced disappearance in Mexico, the General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System was published. The approval and enactment of the General Law constitutes a step toward ensuring the free and full enjoyment of human rights of victims of forced disappearance and their next of kin, in accordance with the international human rights standards concerning forced disappearances established by international human rights treaties, the Inter- American Court of Human Rights case law, the recommendations issued by the United Nations Committee and Working Group on Forced or Involuntary Disappearances, and the Inter-American Commission on Human Rights. The General Law introduces and modifies institutions, procedures and guidelines that contribute to ensuring the rights to justice, truth and reparation. However, the General Law does not fully comply with international human rights standards regarding military jurisdiction and criminal responsibility within the chain of command. Also, the proper and effective implementation of the General Law requires strong political will and sufficient material and human resources from the three levels of government. Otherwise, the General Law will simply be regarded as a piece of paper.","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":"48509694","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}

引用次数: 0

Mexico’s Ratification of ILO Convention Number 98 and the Future of Protection Contracts 墨西哥批准国际劳工组织第98号公约和保护合同的未来

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Mexican Law Review Pub Date : 2019-06-27 DOI: 10.22201/IIJ.24485306E.2019.2.13642

Stanley Gacek

{"title":"Mexico’s Ratification of ILO Convention Number 98 and the Future of Protection Contracts","authors":"Stanley Gacek","doi":"10.22201/IIJ.24485306E.2019.2.13642","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.2.13642","url":null,"abstract":"This note reviews and analyzes the impacts of Mexico’s September 2018 ratification of International Labour Organization (ILO) Convention 98 on the right to organize and collective bargaining. Specifically, it focuses on what Mexico’s ratification of the instrument means for the future of the pro-tection contract system in terms of international law. Mexico’s ratification of Convention 98 closes the doctrinal gap on protection contracts which was left by Convention 87, on freedom of association. Although Convention 98 does not cover the armed forces, the police, and public servants employed in state administration, according to international law, its ratification should invalidate much of the Mexican protection contract regime. Convention 98 is not self-enforcing, but ratification of the instrument subjects Mexico to the full scrutiny of the ILO’s supervisory system regarding compliance with norms. Moreover, Mexico’s domestic jurisprudence governing compliance with ratified international human rights treaties bodes well for effective judicial enforcement of the convention. With the ratification of Conventions 87 and 98, international law mandates the implementation of an authentically democratic labor relations system in Mexico. With the additional ratifications of Convention 29 on forced labor, Convention 100 on equal remuneration, Convention 105 on the abolition of forced labor, Convention 111 on discrimination in employment and occupation, Convention 138 on the minimum age for work, and Convention 182 on the worst forms of child labor, Mexico is bound by international law to comply with all globally recognized core labor standards.","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":"48915199","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}

引用次数: 0

Mexican Consular and Diplomatic Functions vis-à-vis Private International Law and Nationality Conflicts: Towards a New Normative Framework for the Twenty-First Century 墨西哥领事和外交职能与国际私法和国籍冲突：迈向二十一世纪的新规范框架

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Mexican Law Review Pub Date : 2019-06-27 DOI: 10.22201/IIJ.24485306E.2019.2.13639

Jorge Cicero Fernández

{"title":"Mexican Consular and Diplomatic Functions vis-à-vis Private International Law and Nationality Conflicts: Towards a New Normative Framework for the Twenty-First Century","authors":"Jorge Cicero Fernández","doi":"10.22201/IIJ.24485306E.2019.2.13639","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2019.2.13639","url":null,"abstract":"The study of Mexican law and practice makes it apparent that the regulation of several consular and diplomatic functions within the framework of the protection of nationals and dual or multiple nationals abroad, inheritance upon death (successions mortis causa), family law and international judicial assistance, needs to be updated in accordance with the development of private international law, information technologies and ciberspace. Ongoing preparatory work in drafting National Rules on Civil and Family Law Procedure presents an opportunity and framework to that effect, opening space for inter alia: the legal recognition of electronic apostilles (e-APPs); for regulating consular intervention on behalf of minors and persons lacking full capacity; for reasserting the mandatory six-week deadline for the child’s return in international child abduction procedures; as well as for enacting domestic provisions on the transmission and execution of requests of international judicial assistance by electronic means; as well as for digital research into foreign law. Mexico’s leadership would likewise be enhanced through the promotion of multilateral protocols on the subject and the negotiation of international judicial technologi-cal interconnection agreements; through the updating of official guidelines on consular protection for dual or multiple nationals; through the statutory definition of Mexican authorities entrusted with executing foreign requests regarding Mexican law; and in particular through the launching of a Presidential Program on International Human Mobility and high level programs connected to The law of the international movement of persons.","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":"41960459","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}

引用次数: 1