You say that in Chile they've got theyre own right of wave rules??? As far as I know in surfing and windsurfing (at least in point breaks) whoever is further upwind (or closer to the peeling section for surfing) has the right of wave. It's not legal to stay upwind waiting for the wave but if I get to the wave planning and there's someone that has the wave before but downwind I'm so sory but the wave is mine, and that is from hawaii to indonesia, in windsurfing and even more on surfing (that is why you shout when dropping to the surfers down the wave that may be already riding it).
Thank god you didn't took anyone's wave down there.
I always thought that the surfer furthest out has priority. As in surfing longboarders that don't share seem to love this rule. I'd agree with the upwind sailor having priority, as long as the wave in question is a predictable reef or point.
On an unpredictable beach break.... I think the first sailor on the wave should have priority, as someone could have sailed a long distance out looking for a big wave, then (on the way in) followed the peak downwind or upwind looking for the steepest section or best wall.