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ARGENTINA Law and Practice Contributed by: María Belén Espiñeira, Espiñeira Maritime Lawyers

• the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 and Protocol of 1997; • the International Convention on Oil Pollution Pre - paredness, Response and Co-operation, 1990; • the co-operation agreement with Uruguay to Prevent and Combat Incidents of Pollution of the Aquatic Environment Caused by Hydrocarbons and Other Harmful Substances, 1987; and • the Convention on the Prevention of Marine Pollu - tion by Dumping of Wastes and Other Matter, 1972. 3.2 International Conventions: Collision and Salvage Argentina is a signatory to the Brussels Convention for the Unification of Certain Rules with Respect to Assis - tance and Salvage at Sea, and to the International Convention for the Unification of Certain Rules with Respect to Collisions between Vessels, both of 1910. Likewise, Argentina has ratified the International Con - vention on Certain Rules concerning Civil Jurisdiction in Matters of Collision, 1952; the International Conven - tion on Certain Rules concerning Civil Jurisdiction in Matters of Collision, 1952; and the Montevideo Inter - national Commercial Navigation Treaty, 1940 (which provides rules on jurisdiction in matters of salvage and collision). In those cases where these conventions do not apply, the Argentine domestic legislation does. Accordingly, the Argentine Navigation Law contains specific provi - sions about procedural aspects, causation and appor - tionment of liability, applicable law and jurisdiction on collision and salvage matters. 3.3 Convention on Limitation of Liability for Maritime Claims Argentina is not party to the Convention on Limitation of Liability for Maritime Claims, 1976, but the Argen - tine Navigation Law provides for a specific regime that allows the ship-owner and the disponent owner to limit their liability by setting up a limitation fund, for losses and damages caused by the acts of, or omis - sion to perform an act by, their employees, servants and agents who performed their duties at sea.

The cap on the liability for maritime claims is the value of the ship at the end of the voyage, plus the credits accrued on the last voyage. If the value of the vessel at the end of the voyage is insufficient to pay all com - pensation for claims due to death or personal injury, there is a supplementary limitation based on the ton - nage of the vessel. Registered owners can also limit their liability for mari - time claims by relinquishing their vessel in favour of their creditor, depositing the title of ownership in a judicial court pursuant to a special judicial proceeding within three months after the incident occurred. 3.4 Vienna Convention on the Law of Treaties Argentina approved and ratified the Vienna Conven - tion on the Law of Treaties by Law No 19,865, enacted on 3 October 1972, and it therefore forms part of the Argentine legal system. Argentina is not a party to any international conventions on limitation of liability, including the Convention on Limitation of Liability for Maritime Claims, 1976. 3.5 Procedure and Requirements for Establishing a Limitation Fund Limitation funds must be set up in cash by deposit - ing an amount that equals the value of the ship at the end of the voyage, plus the credits accrued on the last voyage. The right to set up a limitation fund may be alleged by the owner or the disponent owner before the expiry of the time limit to allege defences in the sentence enforcement process. Among other for - malities, explanatory details of the composition of the limitation fund and a list of the creditors or claimants subject to such limitation fund must be provided by the owner or the disponent owner. Afterwards, a spe - cial proceeding of limitation of liability will be initiated. If the ship-owners elect to limit their liability by relin - quishing the vessel, they must provide the property deed of the vessel. The owners’ right to relinquish their vessel should be alleged within three months after the incident occurred. 3.6 Seafarers’ Safety and Owners’ Liability Argentina is a party to the Maritime Labour Conven - tion, 2006, approved by Law 26,920, and its amend - ments of 2014, 2016 and 2018.

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