Publication: Punitive Damages in Argentina and Mexico: Rethinking the Scope of the Public Policy Exception
Loading...
Date
2023-07-20
Authors
Advisor
Court
Journal Title
Journal ISSN
Volume Title
Publisher
SSRN
Defense Date
Metrics
Citation
Abstract
The current status of punitive damages in Latin America, particularly in Argentina and Mexico, is tending towards acceptance and incorporation, yet remains highly fluid and dynamic. Because of the unresolved uncertainties regarding implementation and tensions inherent between the punitive institution and other established elements of those countries’ legal systems, it could follow any of various directions and take different forms in the years to come. At the same time, acknowledging this observed phenomenon implies recognising that the “public policy exception” is also conceptually dynamic and fluid, one which is generally informed and constructed on the basis of the domestic understandings on the proper place of punishment in private law. This interconnectedness calls for more refined and context-dependent scholarship on the recognition and enforcement of foreign punitive judgments; scholarship capable of acknowledging the need for an understanding of the domestic debates over the punitive function of private law for the sake of more meaningfully addressing the particular scope that the “public policy exception” should take in different jurisdictions.
Unesco subjects
License
Attribution-NonCommercial-NoDerivatives 4.0 International
School
IE Law School
Center
Keywords
Citation
Martínez Alles, María Guadalupe, Punitive Damages in Argentina and Mexico: Rethinking the Scope of the Public Policy Exception (July 20, 2023). The Recognition and Enforcement of Punitive Damages Judgments Across the Globe: Insights from Various Continents, L. Meurkens & C. Vanleenhove eds., Maastricht Law Series 28, Eleven 2023, pp. 129-147. http://dx.doi.org/10.2139/ssrn.4287178