ABSTRACT

In Mexico, private parties have been actively participating in petroleum operations (upstream) since 2015 by virtue of the energy reform (ER) enacted in 2013. Despite the outcomes achieved in a relatively short period of time, a radical movement limiting private investment is getting stronger, which is seen as the energy counter-reform (ECR). This chapter provides a solution in terms of the concept known as energy justice as a key driver to solve the transition from ER to ECR. It develops the immutability theory that is understood as the fusion of various national and international principles or models, based on constitutional, legal or case law sources. The immutability theory is legitimated and strengthened by the above-mentioned principles of energy justice, mainly because it is fair for a government decision to prevail and perpetuate in the long-term, thus allowing social peace or even better an energy peacekeeping to be maintained.