Legislación ambiental aplicable al derrame de hidrocarburos desde buques en la Argentina

CAPALDO, GRISELDA; VEGA, ALEJANDRO

2013-07-19/2013-07-26

1-10

Jurídica

Rec.Hidr.-Contaminacion y saneamiento

PRELIMINAR. i) On 18/07/2013 we were asked by Myton Law Ltd to set out the limitation regimes which would apply in Argentina in the event of an oil pollution incident. ii) The advice covers: a) Oil pollution from both oil carrying vessels (whether laden or in ballast) and, b) Non-oil carrying vessels, pollution arising for example from the bunkers of such a vessel. c) Both persistent and non-persistent oils. iii) In particular the following queries were addressed: a) Which parties are entitled to limit their liability in relation to an oil pollution incident (owner, charterer, master and crew etc.); b) To what extent (territorial limits, inland waterways etc.) do those laws apply; c) In respect of which claims can liability be limited; d) Are there any conceivable claims arising from an oil pollution incident which might not be subject to limitation of liability; e) Are claims brought by all parties subject to this limitation (for example would liability for claims brought by State Authorities by subject to limitation); f) How is the level of limitation calculated and is liability subject to an overall maximum figure; g) Can the right of a limiting party to limit their liability be lost, and if so in what circumstances; h) Is the right of a party to limit their liability affected by the approach of the Courts, for example do the Courts have discretion to dispense with the limitation regime in any instances; i) Any other issues which might affect the right to limit liability in respect of an oil pollution incident which a marine liability insurer would reasonably want to know about