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International Law

versão impressa ISSN 1692-8156

Resumo

IBARRA-CORONADO, Rafael. THE CHILEAN LA W OF CONCESSIONS OF PUBLIC WORKS. Int. Law: Rev. Colomb. Derecho Int. [online]. 2011, n.19, pp.182-221. ISSN 1692-8156.

The concession of public work is one of the modalities in which the association public - private in Chile is demonstrated. By virtue of this one, the State entrusts to the private one the execution, conservation or repair of a public fiscal work in exchange for the right to exploit it in the terms stipulated in the respective contract of concession. It is a question of a relatively new system with tremendously successful results for a country as Chile: 67 projects awarded by an approximate investment of US$11.700 million. Great part of the success of this system is attributed to the existence of a juridical statute that protects and guarantees adequately the interests of all the involved actors, be these reports of the contract or third that relate to her. In the present document, the author does a review to the historical evolution of the Law of Concessions of Public Works up to its more recent modification in 2010. For reasons of development, the principal modifications introduced by each of the promulgated laws are being checked according to the opinion of the author. The aim of the work is to exhibit, in the international concert this evolution, having in consideration that this juridical statute is of habitual diffusion in international forums. No doubt, the main conclusion of this article is that the Law of Concessions of Public Works of Chile is a product of a long and costly learning process.

Palavras-chave : Law of Concessions of Public Works; Legal Modifications; Concept of Public Fiscal Work; System of Resolution of Controversies; concession; public works; conflict resolution.

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