Judicial Review and Rights Protection in Mexico: The Limits of the 2011 Amparo Reform
The paper critically discusses the potential impact of the much-awaited 2011 Mexican constitutional reform on the amparo writ, in connection with other changes the Mexican constitutional system has recently undergone. It reaches pretty pessimistic conclusions, arguing that much more should have been done to put amparo in conditions to operate effectively in terms of rights protection. The paper includes a historic overview that describes the structure of the writ and identifies some of the causes behind its current procedural complexity. And it argues that, although the reform improves to some degree access conditions as well as the kind of remedies the amparo judge can adopt, the changes are shy, and they do not significantly diminish an utterly unacceptable degree of procedural complexity. Regulatory obscurity and the impossibility of reasonably foreseeing what the filing of an amparo will end up delivering in terms of rights protection will continue to set significant barriers and keep amparo away from ordinary citizens.
Constitutional Courts in Latin America: A Testing Ground for New Parameters of Classification?
Attempting to classify the constitutional adjudication systems in Latin America is by no means an easy task given the ‘creativity’ that has been used in developing them. Very rich and diverse approaches have been taken and one would commit a gross generalisation if one were to talk of a ‘Latin American model of constitutional justice’. In many respects the object of this research poses a challenge that comparatists are typically faced with: on one hand, the need to avoid oversimplified classifications as these would not meet the aim of providing a precise picture of the legal institutions that are the object of study, on the other, the necessity of also avoiding classifications that are too detailed as these would risk thwarting the very aim of classifying i.e. to group together on the basis of similarities taking into account the differences the components of a certain group might bear to one another.
Protection of the Marine Environment: The International and National Regulation of Deep Seabed Mining Activities
This chapter provides an overview of the international and national regulatory framework pertaining to deep seabed mining activities. It begins by discussing the UN Convention on the Law of the Sea, the backdrop for all marine activities – be they national or international – and examines the obligations of states to protect the marine environment from the harmful effects arising from deep seabed mining. Next, the chapter examines the international regime for deep seabed mining (i.e. “activities in the Area”), explaining the “common heritage of mankind” status of the Area (i.e. the international seabed); the functions of the International Seabed Authority (ISA), the international organization established to govern deep seabed mining in the Area; and the concept of state sponsorship of non-state entities (i.e. private actors) for deep seabed mining in the Area. The chapter follows with a discussion of the development of national legislation to regulate deep seabed mining, examining efforts in the Pacific region where many prospective deep-sea mining sites are located. This includes a look at the legislative regimes of several Pacific Island nations, namely, Papua New Guinea, Tonga and the Cook Islands, for whom deep seabed mining may soon become a reality – as well as New Zealand and Japan, countries with comparatively developed rule of law and legislative regimes that have undertaken or considered deep seabed mining in their national waters. Overall, the chapter critically describes and evaluates the current regulatory status in the international and national seabed areas and highlights some salient gaps that require urgent attention in order to ensure marine environmental protection and mitigate impacts on humans.