Lampung Journal of International Law (Oct 2022)

MEASURING THE DOMINANT PARADIGMA IN UNITED NATIONS CONVENTION ON THE LAW OF THE SEA

  • Nadhif Fadhlan Musyaffa,
  • Arie Kusuma Paksi,
  • Lalu Radi Myarta

DOI
https://doi.org/10.25041/lajil.v4i2.2595
Journal volume & issue
Vol. 4, no. 2
pp. 87 – 96

Abstract

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This study discusses the paradigm used by the United Nations in governing relations among countries on sea-related issues based on the United Nations Convention on the Law of the Sea. Laws/regulations on sea-related issues have undergone amendments since their inception in 1958 to adjust to the current condition, factors that trigger sea-related disputes, as well as global political and economic dynamics. Reforms in the regulatory mechanism on sea-related issues were marked by the enactment of the United Nations Convention on the Law of the Sea in 1982. This paper presents an analysis and evaluation of the paradigms used by the United Nations in establishing the mechanisms of sea-related issues through the United Nations Convention on the Law of the Sea. Content analysis was employed to analyze the law based on three indicators; actors, authorities, and governance representing the three paradigms; realism (competition), liberalism (collaboration), and constructivism (historical and social construction). The analysis showed that the United Nations Convention on the Law of the Sea concerning the regulation mechanism on sea-related issues between countries is strongly influenced by the realism paradigm.

Keywords