Abstract
The case presented by Professor Michael Gordon shows the degree of complexity a matter having international connections can reach even when it apparently is a simple one. Simultaneously, Professor Gordon gives us the opportunity of choosing different options for interpretation, and as already mentioned by Professor Juenger, we now truly have become experts in putting together jigsaw puzzles.
In contrast to the United States and Canada, Mexico’s legislation and binding precedents do not have a rich international experience to draw from because until just a few years ago Mexico’s economy and legislation had been closed to foreign influence. However, the need to increase international trade has finally forced Mexico to open up both its economy and legislation, and this trend will grow considerably stronger when NAFTA becomes effective. Nevertheless, given the inherent characteristics of Mexican law (which is a typical codified system), Mexican law as presently in force, and the international conventions to which Mexico is party, it is possible to analyze this interesting case and suggest different solutions. I agree with Professor Juenger that special considerations must be given to determining which law applies and which court is to have jurisdiction. The case in question speaks loudly to these issues. Furthermore, due to the many alternative courses of action, counsel must analyze the case meticulously because the international implications can lead to a mistake which may have far-reaching and serious consequences.
I have been asked to approach this case as seen from the angle of Mexican law. Accordingly, I will first approach the problem from the standpoint of a Mexican lawyer. Later, I will give an overall view.
Recommended Citation
Pereznieto Castro, Leonel
(1992)
"Resolution of an International Transaction Under Mexican Conflict of Laws Principles,"
Florida Journal of International Law: Vol. 7:
Iss.
3, Article 6.
Available at:
https://scholarship.law.ufl.edu/fjil/vol7/iss3/6