Law for the modern world

IN Argentina, maritime law is contained in the Navigation Act 1973 (Act 20.094), in several international conventions to which the Argentine Republic is a party, and in a number of other laws and decrees. The Argentine Republic is a federal country with a national congress and different provincial legislatures. There are also federal courts and provincial courts. The national congress enacts legislation in relation to maritime matters, and the competent courts for maritime law cases are the federal courts.

The Navigation Act (Act 20.094)

In 1973, when enacted, the Navigation Act was considered a modern law, especially as it replaced Book III of the Commercial Code, enacted in 1862 and inspired in European codes of the end of the eighteenth and early nineteenth century.

In basic issues, such as collision, salvage and carriers' liability, the Navigation Act has followed the principles of the Brussels Conventions of 1910 and 1924. As regards general average, the Navigation Act makes a remission to the Rules of York-Antwerp, 1950, unless otherwise provided by the parties.

International conventions

The Argentine Republic is a party to the Brussels Conventions of 1910 (Collisions and Salvage), 1924 (Bills of lading), 1926 (Maritime liens and mortgages), 1926 (Immunity of State-owned ships), and 1952 (Civil jurisdiction in matters of collisions and penal jurisdiction in matters of collision and other incidents of navigation).

In the field of public maritime law, Argentina is a party to the United Nations Convention on the Law of the Sea (1982). Recently, the Argentine Republic adhered to the Protocol of 1992 to amend the International Convention on Civil liability for oil pollution damage (1969), and the Protocol of 1992 to amend the International Convention of 1971 on the Establishment of an International Fund for compensation of oil pollution damage.

Recent developments

The most significant recent development in maritime law in Argentina is the accession to the Protocol of 1992 to amend the International Convention on Civil liability for oil pollution damage (CLC PROTOCOL 1992) and to the Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for the compensation of oil pollution damage (FUND PROTOCOL 1992). Both protocols have been in force since October 13, 2001.

The enactment of Law 25.230 in December, 1999, which derogated Decrees 1493, of 1992, and 343, of 1997, is also significant. Both decrees allowed the execution of bareboat charters by which Argentine shipowners could operate foreign vessels enjoying the privileges granted by local regulations to the Argentine flag. Basically, with these foreign vessels, Argentine shipowners could develop between Argentine ports commercial activities which, in principle, are reserved for the Argentine flag.

The derogation of those decrees did not affect the contracts in force, but, once such contracts ended, the foreign vessels chartered by Argentine shipowners under bareboat charters could no longer benefit from the privileges granted to the Argentine flag.

There are also at present two bills before the Argentine Congress related to regulations for the merchant marine, but, due to the problems currently facing the country, it is unlikely that any of these bills will be enacted in the near future.

Case law

As regards court precedents, the Civil and Commercial Federal Courts of the City of Buenos Aires are the most active in the field of maritime law. The great majority of disputes in maritime law are decided by these courts, which have a good reputation and high degree of specialisation in maritime cases.

In past years, and until the enactment in 1973 of the Navigation Act, the federal courts of the City of Buenos Aires had a very difficult task, as they had to adapt the rules contained in Book III of the Commercial Code - which are rules enacted for navigation at the end of the eighteenth and early nineteenth century - to the modern world of the twentieth century.

In the last two years the federal courts of the City of Buenos Aires have not passed any judgements modifying the trend of previous precedents, nor have federal courts located in other ports of the country.