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15 Results
A gavel rests in front of the Mexican flag.
Arbitration and Investment Protection Within the Context of the Energy Reform in Mexico: A First Approach Based on COMMISA v. PEMEX and KBR v. Mexico
The energy reform in Mexico has implemented far-reaching changes in the political, economic, and legal spheres of the country. Any process whereby an industry is opened to private investment investment gives rise to the possibility of disputes that need to be settled within an environment of legal certainty. International arbitration in general, and investment arbitration in particular, are tools that serve both the investor and the state to properly resolve disputes that arise in the energy sector. However, the author argues that a balance must be sought between the legitimate interests and expectations of an investor and the public policy interests of the state, particularly whenever a sector as significant as energy is concerned.
Gabriel Cavazos Villanueva June 28, 2017
A gavel rests in front of the Mexican flag.
Coordination of the Regulators of the Hydrocarbon Sector: Is It Optimal for the Rule of Law?
One of the goals of Mexico's energy reform was to create a regulatory system that would foster competition in a very complex political environment. This framework, known as "coordinated regulatory bodies," was established in Article 28 of the Constitution and is intended to oversee and regulate the hydrocarbons sector. This paper conducts a legal analysis of this new model of regulation and seeks to determine whether its implementation strengthens the rule of law in Mexico.
Miriam Grunstein April 5, 2017
A gavel rests in front of the Mexican flag.
Energy Reform and Political Representation: The Importance of Negotiation and Public Deliberation
The recent energy reform in Mexico is the most radical institutional change the country has experienced since the nationalization of the oil industry in 1938. The authors of this paper outline how this major reform was accomplished, examining its primary supporters and detractors, the multi-dimensional interests at play, and the negotiation strategies used. They also analyze the quality of the prior deliberation process in order to determine the degree of legitimacy of the reform.
José del Tronco, Mara Hernández February 28, 2017