Mexican Law Review

Complete Journal

Mexican Law Review — 2025-01-22

Preliminaries

Mexican Law Review — 2025-01-22

Competition and regulatory policies interwined: Towards a comprehensive oversight of digital platforms

Alejandro Faya Rodríguez — 2025-01-21

The digital economy provides a good dose of efficiency and it brings about more benefits than costs. However, nothing guarantees that there will be no further costs or that these benefits will remain over time. A competition deficit in any sector, even more so in the digital economy, requires strong public policy measures and the development of an ecosystem characterized by reasonable contestability. Negative externalities— including privacy issues, consumer rights and misuse of information, among others—should also be controlled through public action. This article first explains how these business models behave differently, as opposed to traditional industries, and considers recent developments in the European and American jurisdictions. It then identifies the challenges ahead and possible solutions from the perspective of both regulatory and competition policies, as complementary measures, while highlighting the balance that must prevail between embracing investments and innovation, and protecting the public interest.

Necropolitics and crimmigration in Baja California, México

David Rocha Romero — 2025-01-21

This article aims to examine two interrelated concepts present in Baja California: necropolitics and crimmigration. The research employs a qualitative methodology, which, while not comprehensive, encompasses several case studies of violence perpetrated against migrants in Baja California from 2021 to 2024. The investigation is substantiated by evidence disseminated in reputable local media, including The San Diego Union-Tribune, Zeta, Proceso, and La Jornada. The question guiding the research is: is crimmigration encompassed within the framework of necropolitics, or are they two different phenomena? The results of the research show that although they are very similar phenomena, they in fact complement each other within necropower frameworks. Final considerations include the necessity for the state to develop an inclusion policy aimed at migrants; the establishment of new lines of quantitative research; and the comprehension of the political and legal organization of migrants in Baja California from a cultural and social perspective.

Individual versus collective freedom: antinomies and tensions

Roxana Rosas Fregoso — 2025-01-21

This article sets out to analyze the right to freedom as a human right, with the purpose of contrasting two of its aspects: the right to freedom as an individual right v. the right to freedom as a collective right, so as to reach a conclusion on the antinomies and collisions between these aspects. In this sense, the epistemic origin of the supremacy of collective rights over individual rights, as well as the potential risk to individual freedoms when indiscriminate privilege is given to collective rights, is questioned and discussed. To solve this dichotomy we propose, on the basis of Law, the use of the Weight Formula, which is a tool that makes use of the Law of Balancing applied in legal reasoning when there are antinomies and collisions between two or more human rights.

The amparo directo in the 21st century. From subjective to objective means of constitutional control

Alberto Abad Suárez-Ávila — 2025-01-21

This article examines the evolution of the Amparo Directo (AD) in Mexico during the 21st century (2001-2023). I hold that AD has faced not just one, but two problems in recent years: the classic problem, which refers to its widespread use as a means of control of legality and the contemporary problem, which refers to the shortcomings of the Collegiate Courts’ objective role in terms of control of constitutionality and the production of binding precedents. My argument is developed at two levels: a) I analyze the institutional design through an analysis of the constitutional reform process, and b) I explore the performance of federal Collegiate Courts through a study of their work in line with their power to solve cases and establish judicial interpretive criteria.

Voting power in subregional multilateral development banks in Latin America and the Caribbean-The case of the CAF

Ximing Yang — 2025-01-21

Multilateral development banks (MDBs) are international institutions that provide financial assistance for the development of their member states. Decision-making of MDBs is undertaken by the representatives of shareholders by voting. This article uses the absolute Banzhaf power index to measure the voting power of the shareholders of subregional MDBs, which have a voting system with a layered structure of different stock classifications. Differences in the voting power of shareholders holding different classifications of stocks are analyzed. The article also aims to explore the influence of the special voting system in the protection of the voting power in developing countries in the subregional MDBs of Latin America and the Caribbean. This protection benefits the democracy and independence of countries in the region.