UPDATE: An Electronic Guide to Mexican Law
By Francisco A. Avalos and Elisa
Donnadieu
Update
by Francisco A. Avalos
Francisco Avalos had been the Foreign and International Law
Librarian at the University of Arizona College of Law Library. He obtained his
undergraduate degree from the University of Arizona in 1971 and his Master of
Library Science in 1976. He is the author of several books and articles dealing
with the legal system and history of Mexico. He has served as past President
and Secretary of AALL FCIL- SIS and has made several presentations on the
Mexican legal system at national conferences and conventions. He has been a special consultant
to the National Law Center for Inter-American Free Trade for the last ten
years. He is now retired and works as a consultant.
Elisa Donnadieu is a 1997 graduate of the University of
Arizona College of Law. She has worked with the Pima County Public Defender’s
office since 1998 and continues to do so on a part-time basis. Currently, she
is enrolled in the Library Science Master’s program at the University of
Arizona and has a fellowship with the University of Arizona College of Law
Library.
Published August 2011
(Previously
updated by
Francisco A. Avalos in November 2009)
Read the Archive Version!
Table
of Contents
I. A
Brief History of the Mexican Legal System
II. Federal
Government
III. Major
Primary Federal Legislation
IV. Legislation
Sources
V. Official
Mexican Government Websites
VI. Political
Parties
VII. State
Governments
VIII.
NAFTA
IX. Overall
Coverage of Mexico
X. Free
Translation Sites
I. A Brief
History of the Mexican Legal System
The Mexican legal system has historical roots that
go back to 16th century Spanish law and to Pre-Colombian indigenous law. After
the Spanish conquered the Aztec Empire, they found an advanced indigenous legal
system in place. The Spanish crown did not rid itself of the indigenous legal
system completely; instead, it kept those indigenous laws and legal
institutions that did not go directly against the Spanish customs or against
Church Doctrine. The
Spanish Crown also introduced its own laws and legal institutions that were
intended solely for Colonial Mexico, legislation that did not exist in Spain.
Spain ruled Mexico for over 300 years and consequently left its mark on the
legal system of Mexico.
After Mexico finally established independence, it
went through a series of different constitutions. The current Mexican
Constitution is commonly referred to as the 1917 Constitution. The official
name is the Political Constitution of the United Mexican States (Constitución
Política de los Estados Unidos Mexicanos). The Federal Constitution is the
most important political document in Mexico.
It is the source and origin for all Mexican law.
The hierarchy of sources of law in the civil law tradition to which Mexico’s
legal system belongs are, “constitution, legislation, regulation, and custom.”
The constitution will
override all legislation, legislation will override all regulation, and
regulation will override all custom. International treaties are also trumped
by the constitution. They come after the constitution, and before federal
legislation.
Mexico's legal system stems from the civil law tradition.
The civil law tradition divides the law into two major areas of law: private
law and public law. Private law concerns the legal relationships between
individuals. Public law concerns the legal relationships between individuals
and the state. The main tenets of the civil law tradition concern areas
dealing with persons, things, and obligations, and their relationship. These
legal tenets are found and expressed in the most important codes of the modern civil
law states: the civil code, the commercial code, the criminal code, the code of
civil procedures, and the code of criminal procedures.
Codes in the civil law tradition have been written through
the years on the assumption that using a rational scholarly process, rules and
laws can be formulated to apply to most all situations that may arise. As a
result, codes tend to be very detailed and vast in size. The Mexican codes,
like most Latin American codes, borrowed greatly from the European codes of the
late 19th century. Individual articles in the codes are not regarded as narrow
rules. If no applicable article is found for a given situation, several
articles may be viewed in combination, and a general rule may be deduced from
the articles to reach a solution. Ideally, the code article or articles that
are relevant are found and applied in an almost mechanical fashion to the given
situation with no need for any legal interpretation.
Of course, in practice in our modern complex world all
situations of possible legal conflict cannot be foreseen and provided for. Many
situations occur where legal interpretation is required. In these situations,
the fact that the civil law tradition had its origins in the universities and
not in the courts is significant. The civil law tradition was developed by
legal scholars and not by judges and lawyers, as is the case with the common
law tradition. Thus, the "authorities" of the civil law tradition
were, and continue to be, legal scholars and not judges and lawyers.
The legal scholars of the civil law tradition produce
legal treaties that are referred to as doctrine ("doctrina" in
Mexico). Civil law tradition judges, lawyers, and law students will refer to
the doctrine of the leading legal scholars as common law tradition judges,
lawyers, and law students will refer to case law. According to John H.
Merryman, "the law in a civil jurisdiction is what the scholars say it
is."
Although the principle of "stare decisis" is not
recognized in the civil law tradition, the Mexican judiciary does create case
law to some extent. The Supreme Court and federal collegiate courts may
establish formally binding precedent called "jurisprudencia."
"Jurisprudencia" is established by having five consecutive and
consistent decisions on a point of law. "Jurisprudencia" is binding
on the court that established it and on all lower federal and state courts.
Many of the legal treatises listed in the guide have the word
"jurisprudencia" in their title. It is important to remember that in
these instances "jurisprudencia" means case law and not the general
study of law.
II. Federal
Government
According to article 40 of the Mexican Constitution,
Mexico is a "federal, democratic, representative Republic composed of free
and sovereign States”. There is a centralized federal government and 31
individual state governments. Mexico City, the national capital, is located in
the Federal District.
Articles 49 to 107 of the Constitution established the
organization and division of the powers of the federal government. The federal
government is divided into three separate and independent branches of powers.
They are the Executive Branch, the Legislative Branch and the Judiciary
Branch. Article 49 states that each branch of power is independent of the
others, and that no two or more can be united in one person or one
institution.
Executive Branch-Articles 80 to article 93 of the
Constitution established the Executive Branch. The President is elected by
direct popular vote to a six-year term with no possibility of reelection. The
Mexican Constitution empowers both the executive and the legislative branches
to initiate legislation, but only the Chamber of Deputies can initiate bills
concerning loans, taxes, imposts, and the recruitment of troops. Each new bill must
pass both Chambers by a majority vote. Once a piece of legislation is passed by
the Senate and Chamber of Deputies, the bill is sent to the president for
promulgation of the bill. The president has the power of the veto, which the
legislative branch can override by a two-thirds vote in each Chamber. Although
the Constitution limits the executive as to the type of legislation it can
initiate, in practice the executive branch initiates almost all legislation and
certainly all legislation of any consequence.
The president then has the new law published in the
official government newspaper (Diario de la Federacion). The president also
issues the "reglamento" for the new law-the rules and regulations
that give effect to the more general provisions of the new law. The
"reglamento" has the same force as the new law to which it refers.
The executive branch is also is responsible for initiating
and negotiating international matters such as bilateral treaties, unilateral
treaties and international conventions, with Senate approval. The President
also has broad powers of appointment, which not only include his cabinets, but
also covers such diversed areas as congressional appointments, military
appointments and judicial appointments to mention some, with Senate approval.
The executive is empowered by the constitution to assume
sole control of the government in case of emergencies. The emergencies and
procedures for the executive to assume sole control of the government are
defined and articulated in Article 29 of the Constitution. The executive branch
of government in Mexico has the most political power.
President - This is the president’s
official website, which is also available in English. The
President is elected to a six-year term with no possibility of reelection.
Chamber of Deputies (Camara de Diputados) –
Articles 50 to article 79 of the Constitution establish the Legislative
Branch. The legislative branch is comprised of the Senate and the Chamber of
Deputies. Legislative sessions begin on September 1 and must end by December
31; although, a special session may be called by, and only by, the Permanent
Committee. The Permanent Committee is composed of 15 deputies and 14 senators,
and is elected by their respective chambers at the end of each regular
legislative session.
There are 500 Deputies in the Chamber of Deputies. 300
Deputies are elected by direct popular vote. The remaining 200 seats are
allocated on the basis of each political party’s popular vote. The Deputies
are elected to a three (3) year term. The Deputies can serve more than one
term, but cannot be reelected for an immediately succeeding term.
Deputies are elected to a three (3) year term and there is
one deputy for every 250,000 people in a state. Three-fourths of
the deputies are elected by direct popular vote, with the remaining one-fourth
selected in proportion to the votes received by each political party. They
also cannot be reelected for an immediately succeeding term.
The Chamber of Deputies is the only branch that may
initiate bills concerning loans, taxes, imposts, and the recruitment of
troops. However, in practice the executive branch initiates almost all
legislation. The official website (in Spanish) for all such legislation can be
found here. It provides a complete
collection of over 230 codes, statutes, laws, regulations and other legal materials.
The materials are all in Spanish and are updated on a regular basis. The site lacks
a search engine, but the materials can be accessed by name and article number.
I highly recommend this site for all Mexican legal research. This site is not
for the novice. The site is free.
Senate- The Senate (Cámara de Senadores)
has 128 members. Ninety-six of Senators are elected in three-seat
constituencies (corresponding to the nation's 31 states and one Federal
District) and 32 are elected by proportional representation on a nationwide
basis. In the state constituencies, two seats are awarded to the plurality
winner and one to the first runner-up. All Senators serve a six-year term
running concurrently with the newly elected president. Senators cannot be
reelected for an immediately succeeding term.
Judiciary Branch – Articles 94 to article 107 of the Constitution
establish the Judiciary Branch. There are no elected judges in Mexico, they
are all appointed. Supreme Court - The Supreme Court has final appellate
jurisdiction over all state and federal courts. It is composed of 11 Justices
and one (1) Chief Justice. The justices are nominated by the President and the
Senate may approve with a 2/3 majority; however, if the Senate fails to act
within 30 days, the appointment becomes automatic. The Justices are appointed
with life tenure but they may be removed by the President with the approval of
the Senate and the Chamber of Deputies.
Supreme Court - The Supreme Court has final
appellate jurisdiction over all state and federal courts. It is
composed of 11 Justices and one (1) Chief Justice. The justices are nominated
by the President and the Senate may approve with a 2/3 majority; however, if
the Senate fails to act within 30 days, the appointment becomes automatic. The
Justices are appointed with life tenure but they may be removed by the
President with the approval of the Senate and the Chamber of Deputies. There
are no elected judges in Mexico, they are all appointed.
III. Major
Primary Federal Legislation
Constitution- The Constitution calls for a federal
democratic republic composed of free and sovereign states. There is a
centralized federal government and individual state governments. The Mexican
Constitution is based on seven (7) basic principles: a declaration of human
rights, national sovereignty, division of powers, the representative system, a
federal structure, constitutional remedies, and the supremacy of the state over
the church. The Constitution calls for an active government that
has a moral obligation to not only promote human and political rights, but also
economic, social and cultural rights. The Constitution is seen as an
instrument that should bring social change. All power is derived from the
people
The Constitution is divided into nine sequential
titles. The titles are subdivided into chapters, which are not sequential.
The chapters are further subdivided into articles, which are sequential
throughout the Constitution. The Constitution also has transitory articles.
All Mexican states have their own state constitution. The Mexican Constitution
can be found in
English here.
Civil Code (Código Civil para
el Distrito Federal en Materia Común y para Todo la Republica en Materia
Federal) - The
Mexican Civil Code is the most important piece of legislation after the Mexican
Constitution. The scope and coverage of the Civil Code is extremely broad.
The Civil Code reflects the revolutionary spirit and nationalism of the Mexican
Constitution of 1917. In
the Civil Code, community interests override individual interests; private
property rights are not absolute.
The Civil Code consists of over 3,000 individual articles
organized into books, titles, chapters, articles and sections. There
are four books in the Code; Book 1, Persons (individuals and corporations),
Book 2, Property, Book 3, Succession, Book 4, Obligations. The Code articles
are numerically arranged, with each article getting a unique number. This
means that all you need to find a particular provision in the Civil Code is the
article number, and not the book number, title number and chapter number. The
Mexican States have their own civil codes, most of which are copies or are
based on the Federal Civil Code.
The civil code has been translated into English;
none could be found on the Internet; one website where it is available in
Spanish is here.
For Case Law (“Jurisprudenica” and “Tesis
Sobresalientes”) see Supreme Court .
Commercial Code - The Commercial Code has wide
application in Mexico. It is federal code because commercial matters fall under
federal jurisdiction. Commercial code regulates: all commercial activity
including contracts, documentary credit, credit institutions, land and water
transportation, bankruptcy and arbitration. It also covers procedures for
commercial litigation.
The Code is organized into five books. Book 1
covers Merchants, Book 2 covers Overland Commerce, Book 3 has been repealed (it
covered maritime commerce), Book 4 covers Bankruptcy, and Book 5 covers
Mercantile Actions. The Code is further subdivided into titles, chapters and
articles (over 1460 articles). There exists in Mexico further commercial
legislation that is not part of the Commercial Code. The Mexican States do not
have their own commercial code. There are several versions of the Commercial
Code in translations.
Diario Oficial de la Federacion - In Civil Law tradition
the country’s legal matters/legislation must be published in the “Official
Gazette” before it can go into effect. The gazettes, which are legal
newspapers, are known as “diarios” or “gacetas” in Mexico, and are published on
a daily basis by the government. This is the official source for all new
legislation.
The Diario Oficial may be found online for
free but the text is in Spanish. These are available in English for a
membership fee here.
The starting point for nearly all-Mexican legal research
is a code, a law, or a statute. Once the relevant legislation is determined,
the specific code article or articles that apply to the specific situation must
be located. Keyword searching, as used in most legal research, is not
applicable in Mexican legal research. Mexican codes do not have indexes; instead,
codes provide a short, general table of contents. The table of contents can be
located either at the front or at the back of the code.
In Mexican legal research, the search is done by thinking
in broad, general legal concepts and then working down to the specific. As an
example, the search in the Mexican civil code for the divorce articles would
not start with "divorce" but with "of persons" since
divorce deals with a relationship of persons. Under the "of Persons"
heading one would find divorce, marriage, adoptions, birth registration, death
registration, and other matters relating to a person as a legal entity. A
person becomes a legal entity at birth and loses this capacity at death.
The second step in Mexican legal research involves finding
the doctrine that applies to the situation under study. Most of the doctrine is
organized by legislation articles chronologically, which makes for easy access.
As is the case with legislation, the doctrinal treatises do not have indexes
with few exceptions, but provide only a short, general table of contents.
The third step in Mexican legal research is the most
difficult step. This step involves searching for Supreme Court
"jurisprudencia" and "tesis sobresalientes." "Tesis
sobresalientes" are case decisions of note that have persuasive value, but
are not binding on lower courts as is the case with "jurisprudencia."
Decisions of the Supreme Court are officially published in the "Semanario
Judicial de la Federacion" (Judicial Weekly of the Federation).
Your law library may have them depending on their
international/foreign law collection. You may also purchase a
subscription on line.
IV. Legislation
Sources
- Institute for Legal Studies
(Instituto de Investigaciones Juridicas, UNAM) - The Instituto de
Investigaciones Juridicas is the foremost legal institute in Mexico and
Latin America. The site offers a comprehensive collection of not just
primary materials, but also secondary materials. The materials are in
Spanish and are updated on a regular basis. Mexican Federal and State
legal materials are available. I highly recommend this site for all
Mexican legal research. Spanish and a basic knowledge of the Mexican
legal system are required to make full use of this site. The site is
free.
- Jurisprudencia Mexicana (Grupo
Universal de Derecho A.C., Instituto de Investigaciones Juridicas de la
UMAN) - This is another website that the Instituto de Investigaciones Jurídicas
maintains. The
emphasis is on "jurisprudencia" case law, which is organized by
subject manner. All of the materials are in Spanish, but the site is user
friendly. I recommend this site for "jurisprudencia" research.
- Mexican Laws in English - This site has a good collection
of laws, regulations, decrees and standards. The main areas it covers are
customs, maquiladoras, transportation, labor, health and the environment.
The value of this site is that the materials are available in English
translation. The site claims over 3,000 pages of translated materials.
This is the ideal site for people that do not speak Spanish, but want to
work with Mexican Law. This is not a free site, but the charges are
reasonable for translations.
- Library of Congress: Global Legal Information
Network - This is a very good starting point for the novice
researcher of Mexican Law. The site provides links to more than legal
information on Mexico (country reports, commerce guides, government guide,
etc.). The values of this site are the many links that lead to primary
materials. There are few documents online at this site; it is mostly made
up of very useful links. The site is updated on a regular and frequent
basis.
- Biblioteca Digital del Sistema ITESM
- This is a site created and run by the Law School at the Tec of
Monterrey. The site is in Spanish and offers Mexican primary legal
materials and secondary legal materials. There are many good legal studies
available at this site. Some services are restricted to Tec Students and
Tec Faculty.
- Internet Law Library: Laws of Other Nations: Mexico (in
Spanish) - Legislation site; provides the user with the Mexican Civil
Code, the Federal Constitution, its reforms and the most recent
Constitution, as well as the different State constitutions, etc. This is
a very comprehensive site.
- National Law Center for Inter-American Free
Trade - This is the most complete Mexican Law site that I have
found. The collection of primary and secondary legal materials available
is comprehensive. The site has laws, regulations, decrees, standards and
secondary resources. It also has access to the “Diario Oficial” on a
daily basis. There are translations available at this site. Translations
are also available upon request. The site has a search engine that makes
for easy access to the materials. This is a one-stop store for Mexican
legal materials. This site is ideal for the serious researcher, whether
he/she might speak Spanish or not. This is not a free site, but the fees
are very reasonable.
V. Official
Mexican Government Websites
- This website provides links to various Mexican
governmental websites, including the official federal ministries and
federal agencies sites, state sites, etc.
- El Portal Ciudadano del Gobierno Federal
Mexicano - This is the official Mexican Government website. The site is a
complete source for information on Mexico and has a very good legal
section. This is a "must" view site for anyone doing research
on Mexico. The materials are in Spanish and the site is free.
- Governments on the WWW: Mexico - This
is the most extensive collection of links to the Mexican Government that I
have found on the net. The site is divided into: Federal Institutions,
State Institutions, City Institutions and Representations in Foreign
Countries. The materials are mostly in Spanish.
- Law Research - This site is a
collection of links to many federal and state government offices in
Mexico. The list is extensive and lists more government offices than you
normally find on any one site. The site also has links to Mexican legal
primary materials and secondary materials. The site has a search engine
that helps a great deal to find what you may need. This site is a very
good resource for people interested in the Mexican Government’s structure
and functions. Most links are to Spanish language sites.
- BANCOMEXT - This site contains
links to Mexican Government Agencies and Information. The list of
government offices is comprehensive. Some state agencies are included,
which adds to the value of this site. Also included are links to some of
the top educational institutions in Mexico. Most of the information is in
Spanish.
- This site (in Spanish) provides a
list of different governmental agencies and links to their websites.
- México - directorio.gob.mx- This website
is a directory of all federal and state institutions. I highly recommend
this site for all research pertaining to the federal government and the
state’s government. The site has a search engine and hot links to all of
the major federal and state institutions. Diplomatic information is also
provided. The site is updated on a daily basis and is free.
- Banco de México- This
is the official website of the Central Bank of Mexico, the equivalent to
our Federal Reserve Board. This is the site for research concerning all
monetary matters of the Mexican Government.
VI. Political
Parties
- Partido Accion Nacional (in
Spanish) – This site includes basic information on the party, its
history, its different candidates and elected officials, how to become a
member of the party; the party’s views on “female politics” and issues
relating to juveniles.
- Political Database of the Americas
- This database is mainly a collection of links to information on Mexico’s
political system. This database is organized around seven major subject
headings: (1) Constitution, (2) Electoral System, (3) Civil Society, (4)
Political Parties, (5) Executive Institutions, (6) Legislative
Institutions and (7) Judicial Institutions. Most links are to primary
materials in Spanish. The federal coverage is good, but the state
coverage is very limited.
- PRI-Partido
Revolucionario Institucional- Partido
Revolucionario Institucional, PRI (in Spanish) – This site includes
basic information on the party, its history, its different candidates and
elected officials, how to become a member of the party; the party’s views
on “female politics” and issues relating to juveniles.
- Partido de la Revolución Democrática- Partido de
la Revolución Democrática PRD (in Spanish) – This site includes
basic information on the party, its history, its different candidates and
elected officials, how to become a member of the party.
- Partido del Trabajo México- Partido del Trabajo PT (in
Spanish) – This site includes basic information on the party, its
history, its different candidates and elected officials, how to become a
member of the party.
- Partido Verde- Partido Verde
Ecologista de México PVEM. (in Spanish) – This site includes basic
information on the party, its history, its different candidates and
elected officials, how to become a member of the party.
- Partido Convergencia-Convergencia (in Spanish)
– This site includes basic information on the party, its history,
its different candidates and elected officials, how to become a member of
the party.
- Nueva Alianza- Nueva Alianza (in Spanish) – This site
includes basic information on the party, its history, its different
candidates and elected officials, how to become a member of the party.
VII. State
Governments
Each Mexican State has its own “Diario”. They are
also known as “gacetas” and “boletines”.
States
- Aguascalientes - (in Spanish ) This
website provides “Leyes Estatales” (State Laws), “Leyes Federales”
(Federal laws), “Códigos Estatales (State Codes), “Reglamentos Estatales”
(State Regulations) and a section that contains decrees, accords and other
legal documents required in the legal system of the state of
Aguascalientes.
- Baja California-(in Spanish) Official
State website for Baja California. This site provides information on the
State government’s structure, organization, and provides a link to the
State’s constitution and its laws, which are made available in PDF form.
There is also information on the climate, tourist attractions, and the
education system in Baja California.
- Baja California Sur-(in Spanish)
Official State website for Baja California Sur. This site provides
information on the State government’s structure and organization, and
provides a link to the State’s constitution and its laws, which are made
available in PDF form. There is also information on the climate and
tourist attractions, and the education system in Baja California Sur.
- Campeche – (in Spanish) This
site provides information on the government, tourism, and links to
the different State governmental
agencies. There is a link to the State Attorney General, once
there you can access pages
on how to report different crimes and on crime prevention. You can
search the site - also
there is a link to the legislature, which provides its history, the current
legislation as well as a directory
of the different commissions and committees.
- Chiapas – (in Spanish) There
is a link to the Judicial Library that provides the different State laws
including the State constitution and also the Federal Constitution
on-line.
- Chihuahua – (in Spanish)
This website provides information on the history, government, and tourism
of the State. It also has a link to the different government agencies
including the judicial branch and specifically to the Attorney General’s
website.
- Coahuila-(in Spanish) This website
is operated by the state legislature and is a very complete site for
juridical state information. It contains all state legislation (laws,
codes, regulations, etc.) and municipal legislation for selected cities
and towns. The materials are arranged by general topics which require
going through several screens to get to the desired materials. A reading
knowledge of Spanish is required for this website.
- Colima- (in Spanish) This website
belongs to the state congress and offers access to the state
constitution, laws, regulations and selected city/town statutes. Also
included in this website are state government’s actions and news. This is
a very complete website for Colima legal research.
- Distrito Federal – (in
Spanish) This site has an option to translate into English, but it is not
a good translation at all. It is an official website that supplies the
state’s law.
- Durango-(in Spanish) This is a
comprehensive website with all state laws not only listed, but
annotated. You can do keyword and subject searching. There are also
secondary materials found at this site. This is a very well planned and
maintained website. A person with a reading knowledge of Spanish can
navigate this site without problems.
- Guanajuato – (in Spanish) The
State’s laws are available on this official website.
- Guerrero
- (in Spanish) One can access their legislative page by first clicking on
“gobierno”.
- Hidalgo- (in Spanish) This is a
comprehensive website with all state laws, decrees, resolutions and
accords not only listed, but annotated. You can do keyword and subject
searching. There are also secondary materials found at this site. This
is a very well planned and maintained website. A person with a reading
knowledge of Spanish can navigate this site without problems.
- Jalisco – (in Spanish) This
is a very comprehensive site. Not only does it present a history of the
law, it also makes available the different laws, the constitution, and the
make up of the congress among other things.
- México State-(in Spanish) This
website is very complete and well organized for legal research for the
state of Mexico. A person with just a rudimentary knowledge of Spanish
can navigate this website with ease. The website could set the standards
for all state legal materials in Mexico and the United States.
- Michoacán – (in Spanish) This
site does provide the state’s codes, laws and constitution, but it is not
easy to find initially. Click on “Gobierno”, “Poder Ejecutivo” then “Legislación
Estatal” and once there, go to the index (“Índice General”) this will
provide you with a list of the information.
- Morelos-
(in Spanish) This website offers an alphabetical list of all state codes
and laws. You can review the list and find what you need with no problems.
This website does require a basic knowledge of Spanish since there is no
subject or keyword search option.
- Nayarit-(in Spanish) This website
has laws and regulations that can be searched by keyword and title. There
is also information on all three state powers and their dependencies.
A person with a reading knowledge of Spanish can navigate this site
without problems.
- Nuevo
León – (in Spanish) From this official site’s homepage,
one can go directly to the state’s laws, codes, regulations and
constitution by clicking on “Leyes y Reglamentos”. The documents are
available in html format and PDF format.
- Oaxaca-(in Spanish) This website has federal, state and
municipal laws. The laws are listed by title with references to the
latest reforms. There is also a section for new laws. A person with a
reading knowledge of Spanish can navigate this site without problems.
- Puebla
– (in Spanish) Find laws, constitution and regulations under “Legislación
Vigente”.
- Querétaro-
(in Spanish) This website has state laws, decrees, accords and
regulations. The materials are listed alphabetically by title. All state
government entities are listed with their relevant legislation. This is
a very complete juridical state website. A person with a reading
knowledge of Spanish can navigate this site without problems.
- Quintana
Roo – (in Spanish) Once at the homepage, click on “Legislación,”
that will take you directly to where the laws, constitution and
regulations are posted.
- San Luís Potosí-(in Spanish) This
website has laws and regulations that can be searched by keyword and
title. There is also information on all three state powers and their
dependencies. A person with a reading knowledge of Spanish can navigate
this site without problems.
- Sinaloa – (in Spanish) The
laws and codes are easy to find. After entering the site, click on “Transparencia”
and then “Leyes y Códigos”.
- Sonora
– (in Spanish) There is an English version that is currently under
construction.
- Tabasco-(in Spanish) This website
has laws and regulations that can be searched by keyword and title. The
site also has state case law. The site is user friendly and very easy to
navigate. A person with a reading knowledge of Spanish can navigate this
site without problems.
- Tamaulipas – (in Spanish) There
is a link to the laws and constitution on the homepage.
- Tlaxcala – (in Spanish) One
can get directly to the laws from the homepage.
- Veracruz – (in Spanish) In
order to find the legal information, you need to search for “leyes” which
will provide a very comprehensive list. There is an option to view the
site in English; however, there is a limited amount of information you can
access in English.
- Yucatán
– (in Spanish) Go to “administración” and at the bottom of that page
click on “leyes y normas,” which appears in very fine print. Not many of
the laws are provided although the constitution is.
- Zacatecas
– (in Spanish) Once at the homepage, go to “poder legislativo” to
find the law. However, you will only find the law granting the different
branches power and the constitution.
VIII. NAFTA
- PRECISA.GOB.MX
- This site is dedicated to Mexican Government's Websites and to the
Mexican State Governments.
- NAFTA: Mexican Ministry of Economy, Embassy of Mexico, Washington D.C
- This site’s purpose is to “promote exports and foreign investment in
Mexico, to assist companies to do business with Mexico, and to follow
up-to-date Mexico-U.S. trade relations.” The site is more business-related
than legal, but the information is up-to-date and gives good coverage of
NAFTA’s legal issues. The information is in English.
- NAFTA
Information; NAFTA Information Center; U.S. Customs Service -
This site was created to “provide the import and export community and the
Customs Service with accurate information on NAFTA Agreement”. The site
is trilingual and is more business-related than legal.
- United States Department of Homeland
Security, NAFTA-This website is operated by the United States
Department of Homeland Security. The site is comprehensive and geared to
the practitioner. It contains the agreement, which can be searched by
keyword, and all relevant documents such as annexes, legislative history,
harmonized tariff schedule, certificates of origin, appeals information,
NAFTA guides, relevant links and other free trade agreements of the United
States. I recommend this website to all persons researching NAFTA or
working with NAFTA.
- United States Immigration Service Center:
NAFTA - This site has comprehensive information on the
immigrations issues associated with NAFTA. There is information on the
procedures and requirements for temporary movement of professionals.
- Office of the United States Trade Representative
NAFTA-This website is operated by the Office of the United
States Trade Representative NAFTA Section. Much useful information on
NAFTA can be found at this site. It also offers access to government
experts on NAFTA. I recommend this site to persons interested in
participating in NAFTA trade.
- NAFTA - Duke Law- The North American Free Trade
Agreement (NAFTA) was implemented on January 1, 1994. It is designed to
remove tariff barriers between the U.S., Canada and Mexico. Introduction -
Text of the Agreement - Background Information - Dispute Resolution.
- NAFTA-This guide is an
introduction to the research process that, while not being an exhaustive
list of information resources available, should be helpful in getting
started in your research about NAFTA. Below you will find pointers to
suggested research terms about NAFTA, materials in the library catalog
about NAFTA, websites relevant to NAFTA, and links to library databases
that contain information about NAFTA.
- NYU Law, Library - Nafta Guide- This guide lists
essential sources for researching the North American Free Trade Agreement
system. The main tabs have general sources not listed under the drop-down
menus. Links go to online sources or to more information about print
sources.
- NAFTA Works- Mexico's
Ministry Of The Economy Website. The site is in English and is very
complete on all NAFTA related matters.
- General Information about NAFTA · NAFTA Full text in
English · NAFTA Full text in Spanish - Doing business with Mexico”.
- Electronic guide to the best Mexican law websites- Jorge A. Vargas’ “Best
Mexican Websites”.
·
A
Treatise For Legal Practitioners And International Investors Guide To
Electronic Resources For Mexican Law. By Jorge A. Vargas.
·
Intute -
Full record - Mexican Laws- A one stop source for Mexican
legal research.
·
American
Law Sources On-line -The home of American Law Sources On-line providing
a comprehensive, uniform, and useful compilation of links to freely accessible
on-line sources of law for the United States and Canada. With links to Mexican
resources.
·
The Law Library of Congress, the Mexico page.
·
Mexico
and its legal system-Online guide to the law and legal
materials of Mexico by Jorge A. Vargas. A very good introduction written for LLRX.com.
·
Mexican Laws -Mexican laws S.A. de C.V. is a Mexican corporation
that provides English translations of current Mexican legislation. Translations
are organized using the basic structure of oversight and enforcement under
Mexican law”. This is a pay site, with some free resources.
·
An LLRX site, Electronic Guide to the Best Mexican Law Websites. By
Jorge A. Vargas.
IX. Overall Coverage of Mexico
- Mexico
Online (in English) - This website provides excellent basic
overview of how the Mexican Legal System is set up and functions. There
are overviews provided on Immigration, Criminal, Property law, etc. The
site is ideal for students or lawyers who practice. It is a very good
site that gives the basics, and a site that can be a starting point. Also
provided is, “Mexican Laws in English” that includes some laws and the
implementation, but not many. Also supplies a list of lawyers and links
to their sites.
- A Mexican Legal System: Immigration Laws (in English)
- Mexican Legal System: Overview (in English) -Compares
Mexico’s Civil system to the United States’; brief overview of Mexican
litigation and courts; and who are the key players.
- International
Law Topic Area (in English) - Provides some info on Mexican
Real Estate law and the Mexican Foreign Investment Act of 1993.
- Latin American Network Information Center - This site
offers general comprehensive coverage of Mexico. It also offers a NAFTA
site. Legal matters are covered, as well as many other areas of
interests. This is a good site for anyone interested in Mexico, be it
legal or non-legal information. This is a complete site on Mexico and
NAFTA.
- Library of Congress: Federal Research Division; Country Studies
- This site is not a legal site, but a general information site on
Mexico. The history of Mexico is organized in the form of a detailed
outline with links to the body of the text for each outline topic. The
historical periods covered in the outline go from the pre-conquest of
Mexico to the present. The site has a search engine that makes for easy
access to the material. The site is updated on a regular and frequent
basis. All on-site materials are in English.
- Department of State: Office of Mexican
Affairs - This is the official site of the United States
Department of State. The site contains vast amount of information on
Mexico on the following topics: Bilateral Relations, Business Information,
NAFTA Information, the Mexican Government, and on the many websites
(links) that have Mexican legal/commercial information. The Country
Reports, Commercial Guides, Travel Information Sheets and the Visa
Requirements are examples of useful information found at the site.
Information is found both in English and Spanish.
- Mexican Law: The Best Mexican Web sites
- This is a website created by Jorge A. Vargas of the University of San
Diego School of Law. Mr. Vargas states that his site will provide the
reader with the best, “web sites in English containing legal and
historical information about Mexico”. This is a quality website with
information for the advanced researcher as well as for the novice
researcher.
- Mexico Business Opportunities and Legal Framework (BANCOMEXT
and Goodrich, Requelme and Associates) - This sites consists of a guide to
doing business in Mexico. All of the aspects of doing business in Mexico
are considered such as: General Considerations, Investment Framework,
Directs Sales, Exports From Mexico, Direct Investment, Exchange Controls,
Dispute Resolution, Real Estate, immigration, etc. This is a must view
site for anyone considering doing business in Mexico.
- A
Treatise for The Legal Practitioners and International Investors.
This is the electronic version of Jorge A. Vargas’ “A Treatise for the
Legal Practitioners and International Investors”, published by the West
Group. The coverage of Mexican legal materials in this site is
comprehensive. English language materials are mentioned when they exist,
primary and secondary. I highly recommend this site to any person
interested in doing business with Mexico.
- Guide
to basic research on Mexican law in Tarlton Law Library. This
website is operated by Jonathan Pratter, Foreign & International Law
Librarian at the Tarlton Law Library. The website is a one stop resource
center for legal information on Mexico at the federal level and at the
state level. Available English language primary materials are listed by
Mr. Pratter. I highly recommend this website to any person interested in
the Mexican Legal System.
- Library of Congress Research Guide to Law
Online. This is a website with hot links to Mexican legal materials
from the Mexican Constitution to Children’s Rights in Mexico. The guide
is Organized around the following subjects: Constitution, Executive, Judicial, Legislative, Legal
Guides and General
Sources.
X. Free
Translation Sites
This
site – Babelfish - is pretty decent/better
than most other translation sites. This site is as good as other free translation
sites.
The Google Translate site is a good site that I would
recommend. This site
is as good as other free translation site.
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