Download this Paper Open PDF in Browser

Reconstituting Constitutions — Institutions and Culture: The Mexican Constitution and NAFTA: Human Rights vis-à-vis Commerce

27 Pages Posted: 3 Nov 2012 Last revised: 8 Nov 2012

Imer B. Flores

Instituto de Investigaciones Juridicas, Universidad Nacional Autonoma de Mexico (UNAM)

Date Written: 2005

Abstract

The aim of this Essay is threefold. First, this Essay will focus on the main characteristics of both the great transformation, experienced in the Mexican institutional economic framework during the last thirty-five years, in general, and within the past twenty years, in particular, that were made through constitutional reforms. In addition, the greater expectation that such structural reforms generated in the process of re-enacting the constitution in the political context, should be along the lines of human rights and separation of powers. Second, this Essay will attempt to bring into play the role of treaties in this transformational process, by focusing the debate on whether the North American Trade Agreement (NAFTA), as an international treaty, regardless of its denomination, is constitutional. Furthermore, this debate will concentrate the discussion on the place of treaties in the hierarchy of norms, by critically analyzing a controversial jurisprudential criteria, according to which treaties are above federal laws. Third, this Essay will illustrate that in an eventual conflict between a treaty on commerce and another treaty on human rights, the later ought to prevail over the former.

Keywords: NAFTA, treaties, international law, international constitutions, separation of powers, human rights, Mexican constitution, democracy, reconstituting constitutions

JEL Classification: K30, K33, K39

Suggested Citation

Flores, Imer B., Reconstituting Constitutions — Institutions and Culture: The Mexican Constitution and NAFTA: Human Rights vis-à-vis Commerce (2005). Florida Journal of International Law, Vol. 17, pp. 693-718, 2005; Georgetown Public Law Research Paper No. 12-165. Available at SSRN: https://ssrn.com/abstract=2170452

Imer B. Flores (Contact Author)

Instituto de Investigaciones Juridicas, Universidad Nacional Autonoma de Mexico (UNAM) ( email )

Circuito Maestro Mario de la Cueva s/n,
Cd. Universitaria
Mexico City, D.F. 04510
Mexico
525556227474x1304 (Phone)
525556652193 (Fax)

HOME PAGE: http://www.juridicas.unam.mx/invest/directorio/investigador.htm?p=imer

Paper statistics

Downloads
27
Abstract Views
224