{"title":"海洋法中的异常现象:国家和国际方面","authors":"H. Chuvakova","doi":"10.26886/2524-101x.5.2019.4","DOIUrl":null,"url":null,"abstract":"In the article, an attempt of a definition of the modern problems of anomalies is done in the sphere of the law of the sea on the basis of the developments of the modern classical methodology, the trends of their emergence are defined and the possible ways of overcoming are planned. The author notes that the negative anomalies of the legal sphere need in especially close attention. To such type of anomalies the author refers the anomalies of the modern law of the sea of Ukraine, which became an unfortunate consequence of carelessness to the industry legislation in the sphere of sea activity and the negative effect of which is considerably increased in the conditions of temporary occupation of the Crimean peninsula and sea spaces around it that has been prolonging since 2014. They are also inherent to the internationally-legal regulation of the relations that are connected with navigation, however the mechanisms of their overcoming are done by the states on supranational level, considerably minimize their negative consequences now. The short review of some of the existing anomalies of the modern law of the sea testifies about their variety and “exit” out of limits of the national legal systems. The emergence of such anomalies, their long existence and also absence of the urgent interest of the states in elimination of their reasons and consequences are caused by economic and political processes within the states. The search is carried out","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Anomalies in law of the sea: national and international aspects\",\"authors\":\"H. Chuvakova\",\"doi\":\"10.26886/2524-101x.5.2019.4\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In the article, an attempt of a definition of the modern problems of anomalies is done in the sphere of the law of the sea on the basis of the developments of the modern classical methodology, the trends of their emergence are defined and the possible ways of overcoming are planned. The author notes that the negative anomalies of the legal sphere need in especially close attention. To such type of anomalies the author refers the anomalies of the modern law of the sea of Ukraine, which became an unfortunate consequence of carelessness to the industry legislation in the sphere of sea activity and the negative effect of which is considerably increased in the conditions of temporary occupation of the Crimean peninsula and sea spaces around it that has been prolonging since 2014. They are also inherent to the internationally-legal regulation of the relations that are connected with navigation, however the mechanisms of their overcoming are done by the states on supranational level, considerably minimize their negative consequences now. The short review of some of the existing anomalies of the modern law of the sea testifies about their variety and “exit” out of limits of the national legal systems. The emergence of such anomalies, their long existence and also absence of the urgent interest of the states in elimination of their reasons and consequences are caused by economic and political processes within the states. The search is carried out\",\"PeriodicalId\":36374,\"journal\":{\"name\":\"Lex Portus\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-10-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Lex Portus\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.26886/2524-101x.5.2019.4\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Lex Portus","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.26886/2524-101x.5.2019.4","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Anomalies in law of the sea: national and international aspects
In the article, an attempt of a definition of the modern problems of anomalies is done in the sphere of the law of the sea on the basis of the developments of the modern classical methodology, the trends of their emergence are defined and the possible ways of overcoming are planned. The author notes that the negative anomalies of the legal sphere need in especially close attention. To such type of anomalies the author refers the anomalies of the modern law of the sea of Ukraine, which became an unfortunate consequence of carelessness to the industry legislation in the sphere of sea activity and the negative effect of which is considerably increased in the conditions of temporary occupation of the Crimean peninsula and sea spaces around it that has been prolonging since 2014. They are also inherent to the internationally-legal regulation of the relations that are connected with navigation, however the mechanisms of their overcoming are done by the states on supranational level, considerably minimize their negative consequences now. The short review of some of the existing anomalies of the modern law of the sea testifies about their variety and “exit” out of limits of the national legal systems. The emergence of such anomalies, their long existence and also absence of the urgent interest of the states in elimination of their reasons and consequences are caused by economic and political processes within the states. The search is carried out