ARGENTINA Law and Practice Contributed by: María Belén Espiñeira, International Transport & Logistics Legal Consultants – MB Espiñeira & Abogados
force majeure event shall operate as an exemp - tion from liability cause, in different specific scenarios. The maritime doctrine and relevant judicial precedents have stated that the defence of force majeure should be interpreted narrowly, that the concept of force majeure is dynamic and cannot be analysed in abstract situations, and that the admissibility of this defence depends strictly on the circumstances of the case. Fur - ther, it has stated that for an event to be con - sidered force majeure, it should not be a mere difficulty, but unforeseeable, unavoidable, real, current, beyond the control of the parties and supervening, and should pose an insuperable obstacle that prevents the full performance of a contractual obligation. The theory of frustra - tion as such is provided by Section 1091 of the Argentine Civil and Commercial Code; however, it should be pointed out that this contractual remedy may not apply to all maritime matters. 8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil On 8 June 2021, Argentina deposited the instru - ment of accession to the Protocol of 1997, adopting Annex VI of MARPOL with the IMO. Therefore, the limit on the sulphur content in the fuel oil used on board ships navigating Argen - tine territorial waters is a maximum of 0.50% mass by mass. The Argentine Maritime Author - ity is empowered to inspect vessels arriving at Argentine ports, regardless of their flags, to ensure compliance with the environmental pro - tection provisions stipulated by MARPOL Annex VI, and demand the fulfilment of the operational requirements set forth by the convention for
country has played an active role in the defence and promotion of international peace and secu - rity, human rights and sustainable development. Regarding international trade sanctions, Argen - tina generally follows the sanctions imposed by the UN Security Council, published by the Ministry of Foreign Affairs, International Trade and Worship. The decisions adopted by the Security Council are incorporated in domestic law according to the procedure set forth in Law 24,080 and its regulatory decrees. With respect to the impact that the trade sanc - tions imposed by the international community due to the conflict between Russia and Ukraine may have in Argentina, it should be noted that it does not differ from the one observed in the shipping industry at large. Issues encountered include cancellations of voy - ages, shipments and bookings, as well as the need to issue letters of indemnity. When a spe - cific cargo has been intended to be consigned to a Russian-related party or a Russian-related territory, delays and additional costs have been observed. 8.4 International Conflict(s) Argentina has not been shut off from the global economic consequences of the war in Ukraine, such as the increase in the prices of energy, agri - cultural products, minerals and fertilisers, and fuels, as well as higher rates for international transportation. Likewise, since Argentina is a notable exporter of agricultural products, the interruption of trade with Ukraine and Russia has given the country the opportunity to increase and expand its foreign commerce in these sectors of the economy. With regard to the non-perfor - mance of contractual obligations due to the war, depending on the circumstances of the case, the defence of force majeure could be invoked
national-flag vessels. 8.3 Trade Sanctions
The Argentine Republic is a founding member of the United Nations. Since its foundation, the
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