Abstract

On the 40th Anniversary of the Constitutional Organic Law of Mining Concessions, this work seeks, from a descriptive perspective, to explain the main institutions that govern mining property in Chile in cases with potential cross-border effectiveness. A jurisprudential review has been carried out on the international effectiveness of mining rights established in Chile. 1239 rulings from the Supreme Court of Chile were reviewed, 4 Supreme Court rulings were identified as leading cases. Likewise, rulings on this matter were identified in other judicial and administrative jurisdictions such as: Constitutional Court, civil courts of justice and opinions from the Contraloría General of the Republic. Due to its importance in this work, we will only refer to the jurisprudence of the superior courts of justice.