ARGENTINA Law and Practice Contributed by: María Belén Espiñeira, International Transport & Logistics Legal Consultants – MB Espiñeira & Abogados
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts Section 116 of the Argentine National Consti - tution provides that admiralty cases fall within the jurisdiction of the Supreme Court and other, lower federal courts. Accordingly, Section 515 of the Argentine Navi - gation Law (No 20,094) sets forth that all cases resulting from, or related to, navigation shall be heard by the Civil and Commercial Federal Courts of Buenos Aires. The Argentine Maritime Authority ( Prefectura Naval Argentina ) exercises administrative juris - diction over navigation matters pursuant to Law 18,398, being responsible for investigating the facts and determining administrative and pro - fessional liabilities involved in shipwrecks, colli - sions, groundings and other maritime incidents. Its findings are considered important pieces of evidence in judicial proceedings related thereto. Additionally, there is an Administrative Tribunal of Navigation ( Tribunal Administrativo de la Nave- gación ), which is another administrative body under the Argentine Navy ( Armada Argentina ), responsible for determining the professional liability of national or foreign crew members in cases involving incidents in navigation. 1.2 Port State Control Argentina is a signatory to the Latin American Agreement on Port State Control of Vessels, which was signed in Viña del Mar on 5 Novem - ber 1992 and has been in force since 1993.
For the purposes of exercising port state control, the Argentine Maritime Authority checks whether foreign vessels visiting Argentine ports comply with the provisions set forth by the interna - tional conventions of the International Maritime Organization (IMO), which are mandatory under the Agreement. These conventions are: • the International Convention on Load Lines, 1966; • the Protocol of 1988 relating to the Interna - tional Convention on Load Lines, 1966; • the International Convention for the Safety of Life at Sea, 1974; • the Protocol of 1988 relating to the Interna - tional Convention for the Safety of Life at Sea, 1974; • the International Convention for the Preven - tion of Pollution from Ships, 1973, as amend - ed by the Protocol of 1978 relating thereto (MARPOL); • the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; • the Convention on the International Regula - tions for Preventing Collisions at Sea, 1972; and • the International Convention on Tonnage Measurement of Ships, 1969. Currently, the Agreement is applicable at the ports of San Lorenzo, Rosario, Arroyo Seco, Villa Constitución, San Nicolás, Ramallo, San Pedro, Zárate, Campana, Buenos Aires, Dock Sud, La Plata, Mar del Plata, Quequén, Bahía Blanca, San Antonio Oeste, Puerto Madryn, Caleta Olivia, Comodoro Rivadavia, Puerto Deseado and Ushuaia.
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