Recognizing the increasing importance of international law in Mexico, this Article addresses the actual and potential uses of international law in Mexican courts. The Article reviews the ways in which the Mexican system already ensures the judicial consideration of international undertakings, as well as areas of possible improvements. The Article first considers the role and status of international law in the Mexican legal order, including the domestic status of international treaties and agreements, as well as the interaction between national and international norms. Next, the Article focuses on ways to ensure the consideration of international legal questions by Mexico's high courts. Because Mexican courts have yet to develop a tradition of considering international standards of interpretation, the author proposes suggestions for establishing a jurisprudence in harmony with international undertakings. The Article then surveys the relationship between the Judiciary and the Executive in questions of international law by reviewing traditional as well as emerging international issues. The Article also considers standing to raise questions of international law before Mexican courts and suggests means of assisting Mexican judges in the application of international law. The Article concludes that Mexican law provides plentiful means for making international undertakings effective before domestic courts and tribunals of justice, but encourages further awareness and application of these means.
International Law in Mexican Courts,
30 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol30/iss5/3