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The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.

Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions

The papers are subjected to a blind peer review process.

 

The dissolution of state ownership over mines and the current publicization of mineral wealth in rerum natura: The collapse of traditional theses

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Abstract

This contribution offers a synthesis of the traditional theories on the legal nature of mines that have dominated Chilean legal doctrine, their potential decline, and the need for a renewed conceptual explanation following the enactment of the 1980 Constitution and the mining legal regime that emerged thereafter. According to the author, this regulatory activity amounted to the publicization of mines, intended to establish administrative functions and thereby enable private individuals to freely access mineral wealth. Finally, the article discusses recent developments in Chilean scholarship, while engaging with contemporary Colombian and Spanish doctrinal approaches on the legal nature of minerals.

Keywords:

State domain over mines , publicatio , Mine ownership regime , Public mineral assets