Mexican Consular and Diplomatic Functions vis-à-vis Private International Law and Nationality Conflicts: Towards a New Normative Framework for the Twenty-First Century

Jorge Cicero Fernández

Abstract

The study of Mexican law and practice makes it apparent that the regulation of several consular and diplomatic functions within the framework of the protection of nationals and dual or multiple nationals abroad, inheritance upon death (successions mortis causa), family law and international judicial assistance, needs to be updated in accordance with the development of private international law, information technologies and ciberspace. Ongoing preparatory work in drafting National Rules on Civil and Family Law Procedure presents an opportunity and framework to that effect, opening space for inter alia: the legal recognition of electronic apostilles (e-APPs); for regulating consular intervention on behalf of minors and persons lacking full capacity; for reasserting the mandatory six-week deadline for the child’s return in international child abduction procedures; as well as for enacting domestic provisions on the transmission and execution of requests of international judicial assistance by electronic means; as well as for digital research into foreign law. Mexico’s leadership would likewise be enhanced through the promotion of multilateral protocols on the subject and the negotiation of international judicial technologi-cal interconnection agreements; through the updating of official guidelines on consular protection for dual or multiple nationals; through the statutory definition of Mexican authorities entrusted with executing foreign requests regarding Mexican law; and in particular through the launching of a Presidential Program on International Human Mobility and high level programs connected to The law of the international movement of persons.

Keywords

Apostille; consular functions; diplomatic functions; international judicial assistance; nationality conflicts; private international law; draft National Rules on Civil and Family Law Procedure

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