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

Abstract

This study discusses the paradigm used by the United Nations in governing relations among countries on searelated issues through the analysis of the United Nations Convention on the Law of the Sea. Laws/regulations on sea-related issues have undergone changes, since their inception in 1958 in line with the development of the issue of sea between countries and the factors that cause the proliferation of sea-related disputes, as well as political and economic dynamics in the international sphere. Reforms in the regulatory mechanism on sea-related issues between countries by the United Nations were marked by the formation of the United Nations Convention on the Law of the Sea in 1982 which has several stipulations. This writing aims to analyze and measure the paradigm used by the United Nations in regulating mechanisms on sea-related issues between countries through the analysis of the United Nations Convention on the Law of the Sea. The author uses the content analysis method in analyzing the law. The analysis was carried out on three indicators; actors, authorities, and governance representing the three paradigms; realism (competition), liberalism (collaboration), and constructivism (historical and social construction). Based on the analysis results, it can be concluded that; the United Nations Convention on the Law of the Sea concerning the regulation mechanism on searelated issues between countries is strongly influenced by the realism paradigm.
Meanwhile, the constructivist approach states that marine issues are not issues that arise by themselves but issues that arise from social construction. 12 Constructivism has always linked security issues with ideas and norms. The root of this theory is structuration and symbolic interactionism. In the scope of actor, the state is not the only actor in the world, but also the international institutions. 13 The three approaches that have been presented above are often used by countries and institutions, or organizations in viewing an issue and making a policy. Therefore, the author intends to conduct a more in-depth analysis of the perspectives and approaches used by the United Nations in viewing marine issues through the United Nations Convention on the Law of the Sea.
There is already an article that discusses marine issues in the international scope through content analysis from UNCLOS. The article is The Concept Of The Archipelagic Province And Archipelagic State In The Perspective Of National And International Law compiled by Muhammad Risnain. 14 The similarity of this writing with previous writings is that they both carry out analysis using UNCLOS. Meanwhile, the novelty this article the difference between this writing and the previous one is that the writer performs an analysis using content analysis through three indicators (authority, governance, and actors). Then the author views the results of the UNCLOS content analysis using three approaches in international relations, namely realism, liberalism, and constructivism. This paper aims to determine the paradigm used by the United Nations in viewing and making policies related to marine issues.
This paper aims to determine the paradigm used by the United Nations in viewing and making policies related to marine issues (UNCLOS). The author has compiled three hypotheses to analyze the measurement results. First, the regulation of the maritime problems regulated by UNCLOS uses a realism approach. Second, the regulation of maritime issues regulated by UNCLOS uses a liberalism approach. Third, the regulation of maritime issues regulated by UNCLOS uses a constructivist approach.

B. Discussion
Analysis Towards United Nations Convention On The Law Of The Sea As a step to realize justice for all nations in terms of maritime affairs and avoid the impact of conflicts between countries, it is necessary to have the role of the United Nations. Because, in the beginning, there was a law of the sea, namely the older 'freedom of the seas' concept, 15 dating from the 17th century. Until in the early 20th century, some nations expressed their desire to extend national claims: to include mineral resources, to protect fish stocks, and to provide the means to enforce pollution controls. (The League of Nations called a 1930 conference at The Hague, but no agreements). In other hand, law of the sea is accommodating the negotiation in attempting to increase state sovereignty and exploitation of the seabed 16 25 nations still used the old three nautical mile limit. Because of those rules are not relevant anymore, the United Nations formed the new law. In addition, the provisions in the United Nations Convention On The Law Of The Sea concerning the law and regulations of the sea are in accordance with constitutional life, legal developments, and the needs of the community so that the law does not need to be changed. Thus, on December 10, 1982, the United Nations, after the third maritime conference, ratified the United Nations Convention On The Law Of The Sea concerning a legal framework for all marine and maritime activities. 17 Then the law was ratified with 60 ratifications as the basis for the United Nations in carrying out its roles and functions to regulate laws related to maritime affairs. Maintaining international order by agreeing to regulatory authority to avoid dispute in specific areas 18 . Most of the dispute came from the legal issues of international concern such as ocean navigation, strategic purposes and trade 19 . It is essential to manage the distribution of state's interest in achieving ecological, economic and the outcome through social interaction 20 .
Territorial sea and contiguous zone according to the United Nations Convention On The Law Of The Sea is The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea. The United Nations carry out arrangements on maritime issues between countries. In practice, not all countries have signed UNCLOS (a total of 157 countries have signed).
The author uses three indicators to analyze the point of view and approach used by the United Nations in viewing marine issues through UNCLOS. As such maritime security is prone to be attacked by piracy and any armed robbery, therefore this should be in the discourse under UNCLOS 21 , conflict of interest 22 , conquest and exploitation 23 . The peace would be a threat for peace and cause further conflict 24 . Therefore, the concepts of UCLOS is essential to the interest of international community, in other to maintain society purposes among the members 25 . The three indicators are actors, authorities, and governance. Then, the writer groups the use of words, sentences, and symbols related to the three indicators into three approaches. The three approaches are realism, liberalism, and constructivism. The following are the results of the analysis that has been carried out by the author.

TOTAL AUTHORITY 1256
Based on the results of the analysis listed in Table 1, it can be explained that the authorities in UNCLOS on maritime issues between countries place more emphasis on the realism approach with a percentage of 60%. This realism authority is evidenced by the use of the words government, measuring, exploitation, operation, controlling, and other authorities. While the use of words that represent the constructivist approach only has a percentage of 40% with the use of the words compliance, cooperation, prevention, protection, and other authorities.
UNCLOS provides guarantees to the United Nations for governing, measuring, exploitation, operation, controlling, and other actions. Actions based on this realist approach aim to regulate maritime issues between countries in the international arena. Based on the results of the analysis listed in Table 2, it can be explained that the governance in UNCLOS emphasizes the realist approach compared to the liberal and constructivist approaches, even though the constructivism approach is almost balanced with the realism. Governance that emphasizes a realist approach is evidenced by the use of the words law, procedure, decision, process, and other governance. Governance in UNCLOS aims to regulate marine issues by the United Nations, namely coordination with countries related to governing, measuring, exploitation, operation, controlling, and other actions. The United Nations realizes its function as an enforcer of the law of the sea through the establishment of UNCLOS regulations. Based on the results of the analysis listed in Table 3, it can be explained that UNCLOS places more emphasis on the role of state actors compared to non-state actors. From the analysis results, realist actors get a higher percentage of results than liberalist and constructivist actors. The use of realist actors, as evidenced by the use of the words tribunal, court, secretary, parties, councils, and is followed by other actors related to the state.

Actor Analysis
The use of realist actors has a percentage yield of 50%, liberal actors have a percentage yield of 16%, and constructivist actors have a yield of 34%. The activities of state institutions as realist actors are more emphasized on maritime issues that aim to seek peace between countries and governments.
Based on the comparison of the measurement results of three indicators (authority, governance, and actors) using three approaches (realism, liberalism, and constructivism), it shows that the realism approach has dominated the United Nations' policy direction in viewing marine issues through UNCLOS.
This realism approach has been reflected in the use of words that are dominated by state actors and government institutions, which are carried out through governing, measuring, exploitation, operation, controlling, and other actions. Realistic governance is wrapped through a series of regulations and laws that are adapted to official procedures.
The difference between this paper and previous research related to UNCLOS is that this paper analyzes the paradigm that UNCLOS has according to the international relations theories. Meanwhile, the paper titled The Concept Of The Archipelagic Province And Archipelagic State