New developments in the approach to Private International Law cases in mexican procedural legislation

Abstract

This article identifies and examines the main new developments in the recently approved Mexican National Code of Civil and Family Procedure for dealing with Private International Law cases, emphasising its unifying character at the national level. It analyses provisions that introduce innovations such as a preliminary hearing to determine direct international jurisdiction and the substantive law applicable to cases with foreign elements, rules on the attribution of direct international jurisdiction to Mexican jurisdictional authorities, rules on the international return of children and adolescents, as well as provisions relating to the use of technological tools in international cooperation. The relevance of the Code to strengthen transnational access to justice, in line with Sustainable Development Goal 16, is also highlighted. However, the existence of challenges for its effective implementation is also recognised.