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...
Main Author: | |
---|---|
Format: | Article |
Language: | English |
Published: |
National University Odessa Law Academy
2019-10-01
|
Series: | Lex Portus |
Subjects: |
id |
doaj-3df079f46d994f958f4a73d30f82749d |
---|---|
record_format |
Article |
spelling |
doaj-3df079f46d994f958f4a73d30f82749d2020-11-25T00:29:23ZengNational University Odessa Law AcademyLex Portus2524-101X2617-541X2019-10-015617610.26886/2524-101X.5.2019.4Anomalies in law of the sea: national and international aspectsChuvakova Hanna 0Odessa Regional Organization of the Union of Lawyers of Ukraine 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 of possible ways of overcoming the considered anomalies which testified the need of high-quality rule-making works both at the national, and at the international levels and also, the importance of understanding of the true purpose of the legal regulation of modern sea activity – the ensuring its safety.anomalyanomaly in a legal spheredefects of legal regulationthe law of the searenewal of a legislation |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Chuvakova Hanna |
spellingShingle |
Chuvakova Hanna Anomalies in law of the sea: national and international aspects Lex Portus anomaly anomaly in a legal sphere defects of legal regulation the law of the sea renewal of a legislation |
author_facet |
Chuvakova Hanna |
author_sort |
Chuvakova Hanna |
title |
Anomalies in law of the sea: national and international aspects |
title_short |
Anomalies in law of the sea: national and international aspects |
title_full |
Anomalies in law of the sea: national and international aspects |
title_fullStr |
Anomalies in law of the sea: national and international aspects |
title_full_unstemmed |
Anomalies in law of the sea: national and international aspects |
title_sort |
anomalies in law of the sea: national and international aspects |
publisher |
National University Odessa Law Academy |
series |
Lex Portus |
issn |
2524-101X 2617-541X |
publishDate |
2019-10-01 |
description |
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 of possible ways of overcoming the considered anomalies which testified the need of high-quality rule-making works both at the national, and at the international levels and also, the importance of understanding of the true purpose of the legal regulation of modern sea activity – the ensuring its safety. |
topic |
anomaly anomaly in a legal sphere defects of legal regulation the law of the sea renewal of a legislation |
work_keys_str_mv |
AT chuvakovahanna anomaliesinlawoftheseanationalandinternationalaspects |
_version_ |
1725331693223542784 |