Dispute resolution in the context of water-related conflicts in Chile: Multiple institutional response
This paper analyses the multiple institutional response to perform the task of processing and resolving disputes, in the context of conflicts regarding water in Chile. It involves a scheme that combines jurisdictional bodies, administrative agencies, users’ organizations, and adjudicative mechanisms, all of which configure a single scheme. In this sense, it will be affirmed that the institutional choice of market mechanisms to coordinate, order, and arrange the multiple and conflictive uses of water has had a direct impact over the selection of institutional mechanisms to process disputes and conflicts that this choice produces. This is evidenced by the existence of several adjuticative mechanisms and privileged legal channels, which have as their single or main objective the resolution of disputes among owners of water rights, or between them and the State. This notwithstanding, along with non-judicial mechanisms or specialized jurisdictional ones for the resolution of disputes, there are other general mechanisms, derived from the structure of our legal system, which, given the conditions of their design and objectives, are always available to allow that the excluded sectors can discuss and access solutions to their demands.
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| Format: | Digital revista |
| Language: | spa |
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Centro de Derecho Ambiental, Facultad de Derecho, Universidad de Chile
2016
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| Online Access: | https://revistaderechoambiental.uchile.cl/index.php/RDA/article/view/43322 |
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