The Argentine Institute of Mining Law (IADEM) expressed its support for the proposed amendments to Law 26,639, commonly known as Argentina’s Glacier Law, currently under debate in Congress. The institute stated that the initiative seeks to enhance regulatory precision and institutional predictability while maintaining existing environmental protection standards.
By Panorama Minero
In a statement released in Buenos Aires, IADEM argued that the current legal framework contains definitions and conceptual criteria that have led to divergent interpretations and jurisdictional conflicts in practice. According to the institute, such ambiguity has affected both the effectiveness of environmental enforcement and the legal certainty required for long-term investment planning.
IADEM described the proposed reform as a step toward greater conceptual clarity, particularly in defining protected categories such as glaciers and periglacial geoforms with relevant hydrological functions. The organization emphasized that clearer definitions would strengthen, rather than weaken, environmental oversight.
Federal Framework and Division of Powers
The institute framed the discussion within Argentina’s constitutional federal structure. It recalled that Article 41 of the National Constitution empowers Congress to establish minimum environmental protection standards, while Article 124 recognizes the provinces’ original ownership over natural resources within their territories.
According to IADEM, the bill under consideration appropriately integrates provincial participation into the minimum standards framework, allowing local authorities to contribute technical and territorial expertise. At the same time, it stressed that provincial involvement does not imply discretion outside the federal legal order.
The institute underscored that provincial resource ownership must be exercised in harmony with national environmental legislation and that coordination between federal and provincial authorities is essential to ensure effective protection of glaciers and associated periglacial systems.
Regulatory Clarity and Investment Predictability
In its concluding remarks, IADEM stated that the legislative approval of the amendments would help address ambiguities in the current regime, reinforce environmental federalism and provide greater certainty both to enforcement authorities and productive actors.
The institute further noted that environmental protection is strengthened when regulatory competencies and responsibilities are clearly delineated, referencing criteria previously outlined by Argentina’s Supreme Court in rulings related to Law 26,639.
