Punitive Damages and their Alternatives in Mexican Environmental Law (original) (raw)

Abstract

This article reviews the general bases of class actions in Mexico. It also examines national legislators’ decision not to include punitive damages in the current Mexican law, and places special emphasis on the global need for effective legal instruments to prevent and redress ecological disasters. Finally, this article proposes what could be the elementary basis for a legal alternative to overcome the lack of punitive damages in terms of environmental law.

Keywords:

Collective actions, mass torts, punitive damages, environmental law, tort law, illegitimate enrichment