The draft amendment to the “Fisheries Law” and the ILO Convention 169. Reflections on a Judgment of the Chilean Constitutional Court

Authors

  • Claudio Troncoso Repetto Universidad de Chile

Abstract

This article is a reflexion on a recent Chilean  Constitutional Court judgement pronounced on the constitutionality of some of the rules that modified the Law of Fisheries. To do this, our reflection will focus on the analysis and commentary of  the assessment made by the Constitutional Court on two distinct issues, the first relating to the consultation procedure established by the article 6 of ILO Convention No. 169 and its scope in the Chilean legislative process, and the second, on the relationship between international law and internal law, in particular the range of  international human rights treaties in the Chilean legal order.

Keywords:

Fisheries Law (Law No. 18.892), ILO Convention No. 169, indigenous people, international human rights treaties

Author Biography

Claudio Troncoso Repetto, Universidad de Chile

Profesor de Derecho Internacional de la Facultad de Derecho de la Universidad de Chile.