Jaime Gallegos

Resumen La Alianza del Pacífico ha sido abundantemente analizada por las relaciones internacionales, las ciencias políticas y la econo-mía, poniendo de relieve algunos elementos que la caracterizan, presentándola como un fenómeno nuevo a nivel de integración en América Latina. Sin embargo, este esquema no ha sido suficientemente abordado desde el Derecho, y haciéndonos cargo de ese vacío relativo, este trabajo busca aportar una mirada general acerca de sus aspectos orgánicos y de su sistema de solución de controversias, compa-rando lo planteado en esta propuesta con las experiencias sobre la materia que se han dado en otras iniciativas de integración vigentes, a fin de poder proyectar la eficiencia de sus disposicio-nes jurídicas. Palabras clave: Alianza del Pacífico-Aspectos orgánicos-Solución de controversias-Integración económica-Derecho comunitario.

The Pacific Alliance is a subregional integration scheme, created in 2012, composed of Chile, Colombia, Mexico
and Peru, which has achieved great notoriety and attracted the interest of different States, and which gradually begins
to be analyzed by the academy.
This work seeks, fundamentally, to expose the internal regulations of the member countries of that bloc, in terms of
the law applicable to international contracts, in the case of disputes submitted to state judicial bodies.
When reviewing the aforementioned mandatory, its shortcomings are shown in relation to the most important international instruments in this class of matters that, clarifying a series of points, confer greater certainty to cross–
border contracting.
Given the scenario described, it is proposed that the processes aimed at modernizing the aforementioned regulation be addressed jointly by the four members states, taking into account the regulatory bodies of global scope, which
allow the harmonization of responses and connection factors, both internally of that subregional integration space, as
well as with the other trading partners with which these economies interact. This, we believe, can facilitate, simplify
and confer greater certainty to the subjects that develop in the international context.

Chilean International Private Law requires modifications and collecting comparative experiences can serve as a useful tool for the work of the commission in charge of preparing a draft law on the subject. In this sense, the present work seeks to expose the central aspects that, in matters of applicable law, are embraced in transcendental instruments on these issues, the Mexico Convention and The Hague Principles. In addition, a call is made that this process is not undertaken unilaterally, given that we are of the idea, for the reasons stated in the development of the document, that, at least, the countries that make up the Alliance of the Pacific, our new direct commercial environment, should carry out a joint work; taking into account for this, also, the Legislative Guide that, in this matter, is being prepared by the OAS.

Since the promulgation of the 1980 Constitution, the State of Chile has played a subsidiary role in guaranteeing economic and social rights, particularly regarding the right to health.
In recent years, however, the perception has grown, both in the Executive, Legislative, Judicial and Constitutional Powers, that the State should assume a leading role in this issue. In this sense, this study makes an analysis of the evolution of the different state actions tending to guarantee this right, highlighting the ordinary jurisdictional and constitutional action that have sought to guarantee compliance. Those actions may involve interventions and even innovations in the public policies of the sector. That is why, with this analysis, we seek to expose, in a reasoned manner, which are the pending roles and challenges of the different branches of the Chilean State in this matter, facing the 21st century.

This study seeks to expose the different trade defense measures contemplated in the WTO, dumping, countervailing subsidies and safeguards, as temporary and special exceptions to commitments of Member States to reduce their tariffs and facilitate trade in goods.
In the same line, exposed one by one, the various disputes that regarding this kind of measures to protect local producers have been among Latin American countries, since the implementation of the system of dispute resolution from 1995, which will allow us to know effective compliance of the guidelines of this multilateral organization and some
sensitive issues of regional commercial traffic.

This research seeks to analyze the fiscal rules in the countries of the
Pacific Alliance, a scheme formed in 2012, composed of Mexico, Colombia, Peru and
Chile. This model aims to become a subregional area of "deep integration", to move
towards the free movement of goods, services, capital and people.
After noxious experiences of financial instability, the member states of this
bloc have learned the importance of maintaining adequate macroeconomic levels,
and in particular, of providing health to the fiscal coffers, in order to be able to give sustainability to public spending and have the –effective- possibility of injecting
additional resources in the low moments of the economic cycle.
Thus, this work has an introductory part that describes some general concepts
about tax rules, then expose the current regulatory bodies in this area, in the
countries reviewed, noting some functional and organic flaws that would be
advisable to correct. The foregoing, in the understanding that a correct fiscal
performance is crucial to improve the welfare of its inhabitants, and at the same
time can be seen as a factor that helps to advance, with greater certainty, towards
a stronger regional economic integration.

This report seeks to expose the different criteria with which foreign
investment in Latin America has been addressed, bringing, for this purpose, to
analysis the intraregional instruments that aim to guide this type of capital flows, the
investment chapter of the Cartagena Protocol, of 2014, and the Protocol of Buenos
Aires, of 2017, in the Pacific Alliance and Mercosur, respectively.
The aforementioned texts present significant differences that are due to the different
treatment that is given to foreign investment, configuring a framework that we can
call “traditional” within the countries of the Pacific Alliance, and a regulatory
scenario that maintains many greater prerogatives to the receiving states, in the case
of Mercosur, especially because of the strong influence of Brazil, and its particular
model of treatment of exogenous capital.
Understanding the logic behind these two systems is relevant, given that investments
have gradually grown within the regional level, which may lead to the conclusion that,
sooner or later, conflicts will arise, as well as initiatives aimed at convergence of these
two integration schemes within the continent, which are developed, also, within a
period of questioning and global reformulation of the international law of foreign
investments.

Fiscal Responsibility Law Nº 20,128 (2006), has not been analyzed by the
legal sciences during its validity, notwithstanding the relevance of the matter. With the
deterioration of the fi scal position of the country, it is urgent to investigate and expose its
central elements and propose changes that allow the return to the direction towards an
orderly management of public coffers.

This report seeks to expose the general rules governing the issuance of bonds in Chile, also presenting briefly some similarities and differences with certain aspects of comparative law.
The second part of this study will focus on the particular defense mechanisms of bondholders, over other investors, positioning them as privileged subjects within the national legal system, given the importance that the proper functioning of the capital market in the country has, in consideration to the adoption of a system of social security contributions based on individual capitalization for more than thirty years.

De un tiempo a esta parte las distintas temáticas que giran en torno al derecho a la salud se han vuelto recurrentes en las discusiones jurídicas nacionales. Por una parte cabe mencionar algunos fallos de los tribunales de justicia que han reconocido el deber del Estado de proveer mecanismos que aseguren un efectivo goce de los derechos económicos, sociales y culturales, sentando con ello la obligación de efectuar más prestaciones relativas a estos derechos, que hasta hace no muchos años parecían del todo ajenos y meramente programáticos, con la excusa procedimental de que estos no se encontraban bajo el catálogo taxativo contenido en el artículo 20 1 de la Constitución chilena, relativo a la acción pro-cesal habilitante para exigir ante las cortes de apelaciones el restablecimiento del derecho, a través de diversas medidas dirigidas a hacer cesar la amenaza, privación

This paper seeks to outline the main elements introduced with law No. 20,848 of 2015, which replaced Decree Law No. 600 of 1974, former Statute of Foreign Investment, which at the time significantly changed the treatment offered to these operations in Latin America. To this end, general considerations will be presented on foreign investment, some facts of their situation in Chile and the main changes that brings the new law, analyzing the recognized rights for foreign investors, institutions responsible for promoting and supporting this flow of foreign resource, and the Strategy for Development and Promotion of the foreign investment. In our view, Strategy Development and Promotion has special importance, which must be well designed, considering the conclusions on foreign and national experiences that have already been given in the matter, in order to better exploit the benefits that could bring this injection of external resources in the national economy.

This article discusses the documents' test that must be practiced during the issuance of letters of credit, so that subjects acting in international trade can meet the obligations involved by participating entities and challenge deficiencies in such benefits —if it's the case—.