Environmental Law in Mexico: A New Paradigm

Abstract

This article proposes a new paradigm for the design and effective implementation of environmental law in Mexico. After briefly reviewing the current status of environmental law, as well as the academic boundaries, the article puts forward a new three-sided paradigm. First, rights and collective actions must be recognized constitutionally as fundamental principles that truly validate a far-reaching legitimacy that transcends personal interests and thus validates collective access to legal environmental protection. Second, a legal procedural framework —procedural network— must be outlined to enforce any related legal action. Third, a series of correlative public policies is needed to promote effective administrative collaboration and to allocate financial resources. The balanced co-existence of the three sides of our paradigm is the key for the successful implementation of an effective environmental law in Mexico and presents a public challenge within the Mexican arena of our times.