For the first time, a specialist based in England and with an active practice in international maritime law analyzed from the Up River of the Industrial Cordon the real impact of global transformations on Argentine river and port logistics.
Miquel Roca, Spanish maritime lawyer, naturalized British and partner in a firm with offices in London and Buenos Aires, participated in episode 58 of the program Up Riverwhere he reviewed the current state of maritime trade, the effect of labor policies on competitiveness and the new scenario of port security against drug trafficking.
A world of fewer shipowners and more competition
Table of Contents
- A world of fewer shipowners and more competition
- The view on Argentina: labor conflict and costs
- “The last thing a shipowner wants is a stopped ship or one linked to drugs”
- The role of the State and institutional maturity
- Brexit and the strength of English arbitration
- Flag, competition and survival
- Technology and digital arbitration
- Immigration, cohesion and European future
Roca explained that the global map of maritime transport is going through an unprecedented process of concentration: “In the 80s, between Europe and the Far East there were more than 25 regular line companies. Today there are only five. Economies of scale made the big players eat the kids. Now the big shipowners not only operate ships, they also buy ports, logistics operators and freight forwarders. They want to control the entire chain.”
From his experience in London, where he advises shipping companies, charter operators and insurers, the lawyer stressed that this consolidation is not necessarily negative: “The market tends to self-regulate. As long as there is competition and options, there is no problem. The important thing is to adapt. If the industry goes in that direction, what needs to be done is accompany the change, not resist it.”
The view on Argentina: labor conflict and costs
Asked about the reality of Argentine ports, Roca was direct: “Argentina continues to have a very high level of labor conflict. And that translates into delays, detentions, cost overruns. It is not a value judgment, it is a technical verification. If a country wants to be competitive again, it has to find a balance between labor rights and the predictability of operations.”
The lawyer recalled that in Europe this balancing process took decades and was not always resolved by consensus: “The United Kingdom had to go through its own conflict in the 80s with Margaret Thatcher, who confronted the port and maritime unions. In the end, the logic of dialogue, but also of responsibility, prevailed. The economy cannot be held hostage to permanent blockades.”
“The last thing a shipowner wants is a stopped ship or one linked to drugs”
In one of the most compelling sections of the interview, Roca addressed the problem of maritime security and drug traffickinga growing concern throughout Latin America:
“A stopped ship is an enormous economic loss. But even worse is a ship linked to a drug trafficking operation. No shipowner wants to see their brand associated with that. That is why today they are investing fortunes in security, in controls, in technology and in canine teams that review the loads before setting sail.”
The lawyer highlighted that the controls have become more sophisticated in recent years: “I was in Guatemala, visiting the terminal of a fruit company. They have an international-level canine unit. The dogs inspect each container before boarding. The company spent millions, but it does so because it knows that a single scandal can destroy a hundred-year reputation.”
In the same sense, Roca pointed out that contamination of cargo with cocaine became an operational risk that conditions the region’s logistics: “Countries must understand that it is not just a police problem, but an economic one. Shipowners want safe ports, where a ship does not have to be detained for fifteen days due to a judicial investigation. In London, one day of detention can mean million-dollar losses.”
The role of the State and institutional maturity
Another of the central axes of the talk was the difference between legal systems: “The United Kingdom has centuries of political stability, without coups d’état or abrupt changes. That generates predictability. Judges are the ones who make the law, not politicians. In Argentina, on the other hand, excess legislation and institutional instability mean that any conflict ends in justice, and that paralyzes everything.”
Roca illustrated the difference with an everyday example: “In England, a minister resigns if he uses the official card to pay for a movie. Or if he arrives late for a meeting. Political responsibility is immediate. A judicial ruling is not expected. And that sends a message to the entire society: the public is taken care of.”
That culture of compliance – he explained – is what allows the economy to function: “A country is not richer because of its natural resources, but because of the behavior of its people. If you and I agree on a time and arrive on time, we are already building institutions. In Argentina there is plenty of talent, but there is a lack of predictability.”
Brexit and the strength of English arbitration
From his office in London, Roca experiences the impact of the Brexit and he assures that it was positive for the maritime ecosystem: “It was said that it was going to be the end of arbitration in London, but the opposite happened. Since Brexit, more than 40 thousand new maritime companies have settled in the United Kingdom. People are looking for legal certainty. In London, more than 3,500 maritime arbitrations are carried out per year. In Argentina or Spain, one or none.”
The specialist also stressed that English law dominates charter, construction and ship repair contracts: “Whether we like it or not, global maritime law speaks English. Clients want predictability. If the market chooses London, we must understand why and adapt.”
Flag, competition and survival
Another topic he addressed was the controversy over flags of conveniencewhich he defined as “survival flags”:
“They are not a trick, they are an oxygen valve. If a country imposes unsustainable costs and regulations that scare shipowners, the result is obvious: they will register in Liberia or Panama. In Spain, the ship registry in Madrid has zero ships. That is why they made a second registry in the Canary Islands. Instead of reforming the system, they duplicated it to make it work.”
For Roca, the mistake of many countries is to demonize competition: “The problem is not the flags of convenience, but the policies that make them necessary. The industry needs to breathe. If you suffocate it with taxes and conflicts, it will go away.”
Technology and digital arbitration
The lawyer also referred to the impact of the artificial intelligence in legal practice: “Today a maritime arbitration can be done completely by videoconference, without the parties traveling. But there is one more step: the world’s first law firm without humans is in London. Everything is done by an AI. It receives the documents, prepares the writings and presents them to the courts. It is approved by the Law Society.”
In his opinion, this will mark a before and after in the profession: “English judges are open to incorporating technology. They do not wait for Parliament to dictate a law. The system adapts. That flexibility is what keeps London as the legal capital of world maritime trade.”
Immigration, cohesion and European future
Roca, who experienced Brexit and the immigration changes in Europe closely, also analyzed the social crisis that the continent is going through: “The United Kingdom has more than 300 courts that apply Sharia law. It is a very serious problem. We do not have an immigration conflict, we have an integration conflict. The Latin immigrant adapts, works, learns the language. The Muslim does not. And that generates tensions that, if not corrected, can lead to a civil war in 15 years.”
The lawyer warned that the demographic imbalance and the lack of firm policies are altering the European cultural essence: “Today you go to Paris, London or Barcelona and they no longer resemble themselves. Identity is diluted. British democracy is very mature, but it also has its limits. The next election in 2027 can mark a profound change.”
