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

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.