Publication Category: Mexican Energy Law


AN INTERVIEW WITH SOLL SUSSMAN

José María Lujambio[1]   The intense heat of an August morning in downtown Austin, Texas, was more than offset thanks to the refined treatment, serene voice and honest look of an admirable friend. A United States citizen who lived in Mexico for 7 years, working as a journalist, Soll Sussman has dedicated more than 20 years to unite both countries as the brain, heart and implementing arm of the classic Border Energy Forum. A few weeks before the XXII edition of this event took place in San Diego, California, this is how our conversation went: JML:  Soll, first of all, I would like to thank you for your generous availability during this very busy time for you.  Please tell us … read more


THE PRODESEN: ONE MORE EXAMPLE OF THE HASTE TAKING PLACE IN THE CURRENT ADMINISTRATION

Santiago Barcón[1]  One of the main historical problems that the Mexican National Electrical System has faced is the lack of a clear and precise planning outlook. Without such tool, investment becomes very risky and uncertainty increases, which, as is natural, reduces the appetite of investors. On June 30, 2015, the Program for the Development of the National Electrical System (PRODESEN for its Spanish acronym) was introduced, but it has many flaws that indicate a lack of dedication and knowledge of the electrical system by those who prepared it. Worse yet, it repeats the mistakes of the Program of Works and Investments of the Electric Sector (POISE for its Spanish acronym) and proposes large and unrealizable investments. The PRODESEN substitutes the … read more


ADMINISTRATIVE RESCISSION CLAUSE IN HYDROCARBONS’ EXPLORATION AND EXTRACTION CONTRACTS

Miguel Angel Marmolejo Cervantes[1] The purpose of this article is to summarize a more profound and detailed research contained in the paper known as (Non)-arbitrability of the “administrative rescission” in hydrocarbons’ contracts based on a constitutional and international investment law perspective, which performs an analysis of the constitutionality and human rights’ conventionality of the non-arbitrability of the administrative rescission of such contracts, established in articles 20 and 21 of the Hydrocarbons Law. Such was conducted in view of the interpretative visions of the Mexican Federal Judicial Branch and of international arbitrators, as well as global administrative law, and considering the possible areas of opportunity arising from the constitutional amendments, in order to determine if the Mexican State is coherent and … read more


SIGNIFICANCE OF THE “ENVIRONMENTAL GUIDELINES FOR THE EXPLORATION AND EXTRACTION OF SHALE HYDROCARBONS”, PUBLISHED BY THE SEMARNAT

Omar López[*] Last March 2015, the Department of the Environment and Natural Resources (“SEMARNAT” for its Spanish acronym), through its Directorate General for Energy and Extractive Activities, published the first edition of the “Environmental Guidelines for the Exploration and Extraction of Shale Hydrocarbons” (hereinafter, the “Guidelines”). Interestingly, the publication of this document came just before the new National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector, also known as “Agency for Safety, Energy and the Environment” (“ASEA” for its Spanish acronym), fully assumed its legal authorities. The Guidelines systematize environmental obligations established in laws, presidential rules and related Mexican official standards, and contain recommendations resulting from the analysis and discussion of a working group composed of specialists … read more