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International Environmental Law

B783 is taught by Fidler, Marmolejo

This course will explore the current energy disputes among Mexico, the U.S., and Canada. These disputes primarily stem from differing perspectives on their energy policies. Mexico, for one, is pursuing a new energy policy, known as "sovereign rescue," which grants preferential treatment to state-owned enterprises and fossil fuels. In contrast, the U.S. and Canada are focused on strengthening a free trade market with an emphasis on clean energy. Nevertheless, Mexico& 039;s prioritization of fossil fuels and its preferential treatment toward its utility company, Comisión Federal de Electricidad (Federal Electricity Commission), as well as its National Oil Company, Petróleos Mexicanos, could lead to market competition distortions. This may result in a disadvantage for foreign investment and potentially breach the fair and equitable treatment as outlined in the U.S.-Mexico-Canada Agreement (USMCA). However, it may be seen as a necessary radical action to rescue its companies.

Furthermore, we will analyze the role of the Paris Agreement and the UN Climate Change Conferences as cornerstones that shed light on the pursuit of a fair solution to energy disputes on a global scale.

Comparative law, case law, empirical experiences and relevant doctrinal studies shall be the ingredients of the methodology for this course. Assessments will include class participation and a scheduled final examination.

The course will be taught by Dr. Miguel Marmolejo of Universidad Autónoma de Nuevo León, as part of the inaugural Fulbright-García Robles COMEXUS Mexico Studies Visiting Chair program.