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ACTIVITY 6

UNIVERSIDAD TECNOLOGICA METROPOLITANA

DE AGUASCALIENTES

ACTIVITY 6: General Structure of the Mexican Legal

System from International Trade Stand Point.

Teacher: Javier Chacón de la Rosa.

INTRODUCCIÓN A LA NORMATIVIDAD DEL

COMERCIO GLOBAL I

2.A

Members:
 Kevin Anthony Castillo Martínez
 Marisol Pérez Macías
 Roman Gonzalez Medellín
 Ocegueda Navarro Mayra Lizeth
 Lopez De Luna Laisha Michell

Tuesday, 15 February, 2022

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ACTIVITY 6
Introduction:

This research presents the necessary information related to the general structure of the

Mexican legal system from the point of view of international trade. This information includes

the following data: how is the Mexican legal system related to international trade, what is the

relationship between the legal system and international regulations, the main international courts

and what is their function. It also contains information about the international tribunals to which

Mexico belongs and Mexico's record in won and lost lawsuits.

This research has the purpose of expanding our knowledge of how the legal system is,

how it works and how is its structure related to international trade in this case of our country,

Mexico.
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ACTIVITY 6
How is the Mexican legal system in terms of international trade?

Mexico has a system of international treaties with different countries and regions. These

treaties have been entered into by the executive branch and approved by the Mexican Senate.

In other words, most of the international trade negotiations have resulted in treaties and

agreements that are part of Mexican law. Overview of federal laws and regulations.

Mexico has more than 250 federal laws. Of these, more than 10 directly regulate aspects

of foreign trade. In addition to the other laws that may have an impact on it. The main federal

laws and regulations are: Foreign Trade Law; Customs Law; General Import and Export Tax

Law; Ports Law; Foreign Investment Law; and the other laws on tax matters.

Which is the relationship between Mexican Legal System & International

Regulations?

Mexico is a federal republic consisting of 32 individual state governments because the

Federal district is already considered a state. It is divided into executive, legislative, and judicial

branches. Each branch is covered in more detail. The hierarchy of sources of law are the

constitution, legislation, regulation and custom. Similarly, federal legislation is codified in five

main codes:

The civil code.

The commercial code,

The criminal code,

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ACTIVITY 6
The code of civil procedures

The code of criminal procedures.

And since Mexico's legal system is based on civil law, state civil codes are very similar to

the federal civil code.

Meanwhile, the international regulations are the mandatory regulation that contains

characteristics that must be met by those products and processes when they may constitute a risk

to the safety of people or harm human, animal or plant health. They also establish rules,

specifications, characteristics and technical attributes applicable to products, processes or

services when which may be when:

The products (or their containers or packaging), processes or services may constitute a

risk to the safety or health of people, animals or plants or the environment in general.

They are related to measuring instruments, measurement standards and their

measurement, verification, calibration and traceability methods.

They have to do with health, safety and hygiene conditions in workplaces or public

meeting places.

They have to do with the symbols or technicalities to be used in a certain area.

Specifications, criteria and procedures are required to protect the health of people and the

environment.

It has to do with the commercial information that the product packaging must carry.
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ACTIVITY 6
In case of controversy, how many international courts do exist? and how is its

function?

The main international tribunals are as follows:

•International Court of Justice

•Inter-American Commission on Human Rights

•Inter-American Court of Human Rights

•International Tribunal for the Law of the Sea

•International Criminal Court

•Permanent Court of Arbitration

Countries settle their international disputes by peaceful means, such as negotiation,

inquiry, good offices, mediation, conciliation and other peaceful means of their choice.

The role of international tribunals is to resolve disputes arising between States and to

offer advisory opinions on legal questions referred to them by United Nations organs and

authorized specialized agencies.

The International Criminal Court (ICC) is the first permanent international tribunal

responsible for trying those responsible for crimes against humanity, genocide and war crimes.
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ACTIVITY 6
Is Mexico a member of an international court?

Yes, Mexico belongs to an international court. Mexico in 1947 is part of the jurisdiction

of the International Court of Justice

What is Mexico’s record in numbers about judgments win and lost?

12 dispute cases

R= Mexico — Additional Tariffs on Certain United States Products (On July 16, 2018,

the United States requested consultations with Mexico regarding Mexico's imposition of higher

tariffs on certain products originating in the United States.)

Mexico — Definitive Countervailing Measures on Olive Oil from the European

Communities (On 31 March 2006, the European Communities requested consultations with

Mexico regarding the imposition by Mexico of definitive countervailing measures on imports of

olive oil from the European Communities). European Communities.)

Mexico — Tax Measures on Soft Drinks and Other Beverages (On March 16, 2004, the

United States requested consultations with Mexico regarding certain tax measures imposed by

Mexico on soft drinks and other beverages that use any sweetener other than cane sugar.)

Mexico — Certain Pricing Measures for Customs Valuation and Other Purposes (On July

22, 2003, Guatemala requested consultations with Mexico regarding certain Mexican customs

rules, procedures, and administrative practices that impose officially established prices for

customs valuation and other purposes. Guatemala also challenged the practice of the Mexican

authorities of requiring a deposit or bond to guarantee the observance of these officially

established prices)
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ACTIVITY 6
Mexico — Definitive Antidumping Measures on Beef and Rice (On June 16, 2003, the

United States requested consultations with Mexico regarding its definitive antidumping measures

on beef and long-grain white rice, as well as on certain provisions of the Foreign Trade Law of

Mexico and its Federal Code of Civil Procedures.)

Mexico — Provisional Antidumping Measure on Electric Transformers

Mexico — Measures modifying telecommunications services

Mexico — Measures arising from trade in live pigs

Mexico — Anti-Dumping Investigation of High Fructose Corn Syrup (HFCS) from the

United States

México — Customs valuation of imports

Participation of Mexico as a claimant.:

 Costa Rica-Avocado (DS524)

 EC-Bananas III (DS27)

 Guatemala-Cement I (DS60)

 Guatemala-Cement II (DS156)

 United States-Byrd Amendment (DS234)

 United States-Cement (DS281)

 United States-Antidumping Measures on Oil Pipelines (DS282)

 United States-Stainless Steel (DS344)

 United States-Tuna (DS381)

 US-Cool (DS386)
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ACTIVITY 6
 China-Tax Returns, Reductions or Exemptions (DS359)

 China-Grants, Loans and Incentives (DS388)

 China-Measures Relating to the Exportation of Various Raw Materials (DS398)

Mexico won the Tuna controversy over the United States. This refers to the standards for

the labeling of imported tuna.

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Conclusion:

This helps us to take into account what the Mexican legal system is in terms of

international trade, in order to have a better understanding of the laws and international standards

that must be followed, it also helps us to take into account the amount of courts that exist as well

as the function they have and finally it also helps us to know about the trials won or lost.

References:

Secretary of the Interior. (2021). International Jurisdictions . 15-02-2022, de Secretaria de

gobernación Unidad General de Asuntos Juridicos Website:

http://www.ordenjuridico.gob.mx/jurisdicciones.php#gsc.tab=0

WTO | dispute settlement - chronological list of disputes cases. (s. f.). WORLD TRADE

ORGANIZATION. Recuperado 13 de febrero de 2022, de

https://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm

Óscar Genaro Macías Betancourt. (2018). “México y la Corte Internacional de Justicia”.

15-02-2022, de Colmex Sitio web:

https://www.google.com/url?sa=t&source=web&rct=j&url=https://sepei.colmex.mx/images/sesi

on-4/s4-introduccion.pdf&ved=2ahUKEwi7rf-

8rIP2AhX4m2oFHZnwAsoQFnoECAQQBg&usg=AOvVaw3gra4DqL_3EfPYjtQEDSr9