Date: May 3, 2014

Mexico has drawn plenty of attention from the world, as it is a new democratic country with the current need of economic development, has passed General Law on Climate Change in 2012.

For starter, Mexico, as a developing country, wasn’t an obligated party for carbon reduction under Kyoto Protocol. But in 2010, Mexico, as the hosting country of COP 16, wanted to make a move in cultivating climate change issues. Although Mexico didn’t finish the legislation process before the end of COP16, it did follow through the legislation process with the efforts of the political parties in Mexico, and has made the law in 2012.

The commentators said that the international factors are the reason of Mexico climate change legislation. However, as COP 16 came to an end, with no spotlight, how could Mexico continue the driving forces of climate change legislation? Professor Chang said that it could be the main focus for future studies. Mexico has the similar structures of democratic transformation, distribution of political parties and power, and social economic structure with Taiwan. And it has continued to push the issue of climate change legislation with the rotation of two political parties. We could really learn something from Mexico. In Professor Chang’s report, she mentioned that whatever authority of political party is in charge, Partido Verde Ecologista de México (PVEM) continues to play a key minority role of Mexican climate change legislation. It is noteworthy that the legislation of climate change has brought the amendment of Mexican constitution. The environmental rights clause was added into Constitution. We could see that besides the international factors, domestic politics and democratic reasons are adhered to climate change legislation.

Since 1992, before Mexico passed General Law on Climate Change, the trend of climate change legislation in Mexico had been scattered. It has individual laws such as forest law and energy law to regulate different climate change subjects. Other policies or programs were supplemented to move the topic of low-carbon development and climate adjustment. Governmental organizations were established in this phrase. After General Law on Climate Change was passed, it has become the framework of legislation, while early individual laws become the supplement of the General Law.

General Law has faced the difficulty of re-organizing the original mechanism of governmental organization and responsible parties. Professor Chang addressed that Mexico did a pretty good job in reorganizing the old and the new. Lots of original organization and protecting mechanism were kept, and new tran-organized departments were established to adjust related policies. General Law has divided the authority of federal government, state government, and municipal government, implementing the layers of management into the system.

Of the regulating mechanism and measures, General Law has specific target of carbon reduction, clean energy and time frame. It has granted federal rights to set up a trade mechanism, establishing mechanism of carbon emission reporting system, and supervising and information system. It also has different strategies of carbon reduction for different industries. As to the adjusting movement, General Law has picked the important issues of domestically vulnerable categories, food safety, biological diversity, water resource, energy for adjustment focus. It is noteworthy that Mexico emphasizes a lot on forest conservation in adjustment issues. On the financial mechanism issues, General Law has established climate change fund on the federal level. The funds were clear in its sources and purposes, specifying the funds will be used on impeding climate change, its information and education, and especially on the adjustment aid for vulnerable groups.

Mexico also cares about democracy involvement and disclosure of information for climate change. In General law, different levels of government were required to engage the participation of civil society and scholars and experts. They are given the opportunity to affect policies. It is also required for the government to create a climate change information system, for citizens to receive related information. In order to fulfill the climate change information platform, government is entitled to be provided with information by private sectors. General Law has penalty clause for information subject. We could see that Mexico has taken into account the importance of disclosure of information.

Overall, Professor Chang suggested that besides the substantial law, the main focus on observing Mexican climate change legislation should be citizens’ involvement, disclosure of information and the related citizens’ rights in General Law. The successful story of Mexican’s climate change legislation is worthy for further studying and could be use as an example for Tawain