Handbook on the Law of Cultural Heritage and International Trade
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Handbook on the Law of Cultural Heritage and International Trade

  • Research Handbooks on Globalisation and the Law series

Edited by James A.R. Nafziger and Robert Kirkwood Paterson

This Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.
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Chapter 13: Mexico

Ernesto Becerril

Extract

Mexico is a Party to the GATT. Thus, Article XX section (f) of that treaty is applicable to Mexican legislation, taking into consideration the importance of the protection of its cultural, archaeological and historic heritage. Additionally, the obligations mentioned in this article were recognized by Section 1 of Article 2101 of the North America Free Trade Agreement. Mexican Law establishes a cultural goods export license issued by the National Institute of Anthropology and History (INAH) and/or the National Institute of Fine Arts (INBA), depending on whether the license involves archaeological and historic goods (in the case of INAH) or artistic goods (in the case of INBA). The 1995 UNIDROIT Convention has not been signed by Mexico. Mexico is a Party to several relevant multilateral treaties on protection of human rights: the Universal Declaration of Human Rights, the International Protocol of Economic, Social and Cultural Rights, the American Convention on Human Rights ("Pact of San José, Costa Rica") and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights ("Protocol of San Salvador"). In 2011, the Mexican Constitution was amended in order to establish a special procedure for the protection of human rights recognized by international treaties.

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