Publications - Administrative and Constitutional Law
Freight rail projects in Colombia: Here are the risk allocation principles
In recent years rail projects in Colombia have received a boost, in an attempt to reduce costs and times in logistics chains, among other benefits brought by a reactivation of the sector. This led to new legislation on a range of topics. In this…
The U.S. Government requests consultations with Mexico under USMCA on measures affecting the energy sector
Following a series of reforms in the Mexican energy sector implemented by the current administration, the Office of the United States Trade Representative (USTR) has submitted a request for consultations with the Mexican government pursuant to…
Counter-reform of Mexican electricity system in the spotlight: state of play
The electricity system has been a big focus point in Mexico in recent years and is now attracting attention after the government’s attempt to implement changes (particularly the sought constitutional reform). This article describes the state…
Circular economy: what is it and how could it benefit Latin America?
The circular economy presents itself as an alternative to the current production and consumption model. It is built around the aim to decouple economic activity from consumption of finite resources and to transition to the use of renewable energy…
Mexican Supreme Court of Justice dismisses Constitutional Controversies on the amendments to the Electricity Industry Law
The highest tribunal of the country has not analyzed the merits of the cases, considering that there was a lack of legitimate interest.
Social infrastructure in Latin America - present and future
Social infrastructure projects are booming in Latin America. Certain innovative tools such as public-private associations (or alliances) are becoming more relevant as an increasingly attractive option to materialize such projects, by guaranteeing…
Mexican Chamber of Representatives discarded the constitutional reform in the electricity industry
The vote on the initiative, which, among other measures, intended to grant a majority and advantageous stake to state-owned companies, failed to reach the super-majority vote of two thirds established by the Federal Constitution.
Mexico: The Energy Regulatory Commission issued new rules for the processing of electricity generation permits
The novelties translate into an increase in the regulatory burden: the requirements to accredit the legal, technical and financial capacities of the applicants and the obligations they assume when the permit is granted are increased.
Resolution of the Supreme Court of Justice of Mexico on the Action of Unconstitutionality of the amendments to the Electricity Industry Law: where are we, and where are we going to?
On April 5 and 7, 2022, the Plenary of the National Supreme Court of Justice (SCJN) discussed the draft resolution for the unconstitutionality action 64/2021 filed by some Senators of the Congress of the Union against certain articles of the…
Peru: Term to respond to consumer claims (reclamos) and complaints (quejas) shortens
The new term for suppliers to answer consumer claims (reclamos) is 15 business days, time which cannot be extended, replacing the previous term of 30 calendar days, which could be extended for an additional 30 days. Additionally, the amendment…
COVID-19: Latin America's legal response to unforeseen events affecting long-term infrastructure contracts
The pandemic has put infrastructure contracts with private companies, usually for lengthy terms, to the test. We take a look at the legislation in Colombia, Peru, Mexico and Chile from the standpoint of unforeseen events and more specifically of the…
Future law for due diligence on the environment and human rights takes first steps
The legislation, currently under a public consultation period, will set out an infringements and penalties system for companies that fail to fulfill their duties to respect, protect and promote human and environmental rights and will ensure access…