Dos visiones alternativas y "Desexcepcionalizadas"del régimen civil de alimentos

Interpreters of International Economic Law: Corporations and Bureaucrats in Contest over Chile's Nutrition Label

“…Second, MINSAL also coordinated its responses to industry's legal claims with two specialized and relatively independent units of the economic bureaucracy, namely Chile's trade policy agency ( Dirección General de Relaciones Económicas Internacionales , DIRECON), which is part of the foreign affairs ministry, and Chile's IP agency ( Instituto Nacional de Propiedad Industrial , INAPI), formally part of the economy ministry. By doing so, MINSAL benefitted from these agencies' high legal expertise—in particular in responding to industry's TRIPS‐related claims—despite the fact that Chile's economy and finance ministries were strong opponents of the regulation on commercial grounds (Rodríguez 2014). Significantly, MINSAL could not rely on its own lawyers in assessing and defending its regulatory autonomy.…”

“…Echoing the kind of cautious‐but‐insinuating language used by foreign trade officials in the TBT committee, DIRECON bureaucrats a few times raised concerns about the regulation's compliance with TBT provisions and Codex standards. By and large, however, Chile's economic bureaucracy, led by the Ministry of Economy, primarily used commercial rather than legal arguments in trying to convince MINSAL to weaken the regulation (see Rodríguez 2014). In fact, the technical‐legal arguments that were made by Chile's economic bureaucracy seemed to have prepared MINSAL not to be swayed by industry's subsequent comments.…”