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Anuario mexicano de derecho internacional

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PORTILLA GOMEZ, Juan Manuel  and  FLOR PATINO, Imanol de la. Diplomatic Immunities in Comparative Law (Mexico-United States) and in International Law. Anu. Mex. Der. Inter [online]. 2016, vol.16, pp.303-344. ISSN 1870-4654.

Despite belonging to different legal systems Mexico and the United States share legal institutions along with one of the biggest borders in the world. United States has built an immunity regime combined with Vienna regulations which have crystalized into diplomatic immunity statutes and a Foreign Sovereign Immunities Act. Influenced by the American Constitution, Mexico had understood -however in an obscure fashion- diplomatic immunity. Since its first constitution, Mexico established the involvement of the judiciary in controversies concerning the Mexican Foreign Service, but then in successive Constitutions the reference changed to the diplomatic and consular corps. The latter has only contributed to a greater ambiguity in this matter and has given rise to inconsistent court practice with a number of different interpretations often contradictory. Mexico requires an immunities act to govern and give coherence over this matter and connect the relevant constitutional provisions with the Vienna rules.

Keywords : Diplomatic immunity; diplomatic status; Immunities Act; diplomatic corps.

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