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June 13, 2013


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Enjoying catching up on your blog. Nice analysis (with pics!) of the Nicaraguan canal project. But why do you say § 303 did not concern the ZEDE? It expressly provides that "The Judiciary is comprised of a Supreme Court of Justice, for the Court of Appeals, the Courts, by courts with *exclusive jurisdiction in areas of the country subject to special regimes established under the Constitution,* and other agencies as provided by law." (emphasis added).

[BTW, look for my upcoming column in The Freeman for an analysis of the new ZEDE legislation, prepared from an unofficial copy of the still-unpublished law.]

Thank you for the kind words!

You're right about Article 303. Congress added the sentence to head off future problems with the Supreme Court.

But I have a weasel explanations. The additional sentence doesn't really address the Supreme Court's objections to the old Article 304. (The decision is here: http://ofraneh.org/ofraneh/ciudad_modelo_files/INTERPOSICION%20DE%20Inconstitucionalidad.pdf)

Considering the decision, the Supreme Court retains its authority over the special zones, as per Article 308. The new sentence seems superfluous in that sense: the new courts will remain subject to appeal to the Supreme Court.

But my weaseling aside, you are correct: regardless of its import, the reform was aimed at the ZEDEs.

Where'd you get a copy of the law?

The local press has been reporting on the statute's contents. See, e.g., http://www.laprensa.hn/Secciones-Principales/Honduras/Apertura/Pena-Blanca-y-Suyapa-serian-las-primeras-ciudades-modelos#.Uc8uheDTxD8.

I'm doing research on this for a law school paper but am having trouble tracking down the law. Since June has there been progress in gaining access to the law?

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