MEXICO Law and Practice Contributed by: Fernando Todd, Mariana Todd, Jorge Garcia and Silvia Alanis, Todd
Todd Artz Pedregal – Tower 1 – 6th Floor Blvd. Adolfo Ruiz Cortines #3720 Jardines del Pedregal Álvaro Obregón. C.P. 01900 Mexico City Mexico
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1. Mining Law: General Framework 1.1 Main Features of the Mining Industry The mining industry in Mexico has long been a cor - nerstone of the country’s economy and continues to play a pivotal role in its development. Mexico boasts a remarkable diversity of mineral resources spread across its national territory, including silver, gold, cop - per, zinc, lead, fluorite, manganese, barite, and more. This vast array of resources significantly strengthens the industry. Mexico is known to hold deposits of many minerals considered “critical,” including lithium, copper, silver, zinc, rare earths and fluorite. These give the country a legitimate claim to play a significant role in the global supply of critical minerals, should the country decide to. With a heritage dating back to pre-Hispanic times and a major boom during the 16th century, Mexico has established itself as the world’s leading producer of silver. In the 21st century, the sector has experienced unprecedented levels of investment, leading to the emergence of numerous new companies and pro - jects. This growth has driven the adoption of a new governance model emphasising social responsibility, transparency, and collaboration among stakeholders. According to the Ministry of Economy, Mexico remains the world’s leading producer of silver and ranks among the top producers of metals such as gold, copper, and lead. Mining production has been an integral part of the Mexican economy for generations. Specifically, the mining-metallurgical sector contributes 2.05% of the GDP, as reported by the National Institute of Sta -
tistics and Geography, generating substantial income and employment across various regions. Mexico’s mining industry continues to attract sig - nificant foreign investment, with global mining com - panies establishing operations to capitalise on the country’s abundant mineral reserves and favourable business opportunities. This influx of investment has driven the sector’s continued development, creating jobs and strengthening production chains. An essential aspect of this growth is the evolving rela - tionship between mining companies and local com - munities. Recent legal reforms have notably impacted these dynamics, particularly through the requirement for public consultations before granting new mining concessions. These measures aim to ensure greater community involvement and transparency in the min - ing process. 1.2 Legal System and Sources of Mining Law Mexico’s legal system is based on civil law, and the primary sources of Mexican mining legislation are out - lined below. Constitution of the United Mexican States Mining activities in Mexico are regulated under Arti - cle 27 of the Mexican Constitution, which declares that all natural resources, including minerals, are the property of the Nation. Private entities may conduct mining activities, under specific conditions and regu - lations established by law, primarily through a system of mining concessions.
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