La bifurcación del derecho en México: (Des)Integración económica norteamericana y constitucionalismo transformador latinoamericano (North American Economic (Dis)Integration and Latin American Transformative Constitutionalism: The Bifurcation of Mexican Law)

The proliferation of preferential trade and investment agreements in Latin America has led to the multiplication of rules aimed at both lowering barriers to trade and promoting foreign direct investment. At the same time, the concept of Latin American transformative constitutionalism fosters a set of normative goals, namely human rights, democracy and the rule of law. It underscores the transformative role played jointly by the Inter-American Human Rights System and by domestic constitutional law in the region.

The paper focuses on the North American Free Trade Agreement (NAFTA), and its envisaged successor, the United States-Mexico-Canada Agreement (USMCA), in order to examine how they have, and might further shape the Mexican legal system. An instrument-focused perspective will allow for a deeper analysis of the relationship between the implementation of preferential trade and investment agreements and the pursuit of the normative goals of transformative constitutionalism.