DERECHO DE PROPIEDAD DE LOS RECURSOS NATURALES EN TERRITORIO

3. JURISPRUDENCIA DE LA CORTE INTERAMERICANA DE DERECHOS HUMANOS (CORTE IDH)

3.3. SENTENCIA DE LA CORTE IDH RECAÍDA EN EL CASO DE LA COMUNIDAD SAWHOYAMAXA

3.4.3. DERECHO DE PROPIEDAD DE LOS RECURSOS NATURALES EN TERRITORIO

The avenues for applying the Broken Windows theory as a framework for maritime security in the Basin are extensive. And given the nature of the myriad hybrid threats plaguing Caribbean littorals, the application of a criminological theory to

international security proves a relatively straightforward conceptual leap. Smuggling is a crime, after all, and traffickers are criminals. Epidemics of crime in New York City or the Caribbean may express themselves through different global implications, but the

principles of epidemics and environment as expressed by Gladwell, Kelling, Coles, Wilson and Bratton endure. Until now, American-led enforcement in the region has taken a combative approach to local issues, alienating communities without affecting change on a large scale. And yet, society’s role in alleviating Caribbean insecurity is not expressly new. Among others, Zackrison reached that conclusion when he remarked that the only way to effectively combat smuggling is “when done in concert with society.”566 For Zackrison, however, this was strictly hypothetical, noting that “history records no such coincidence to prove the hypothesis.”567 On a macro scale, in international relations and security studies, that may be true. On a micro scale, though, this is far from theoretical. In cities employing varying iterations of community policing across the United States and

around the world, authorities have demonstrated that policing with society is as possible as policing against it.

We began this research process with one question: Can the Broken Windows theory, a criminological construct of social disorganization, provide the lens through which to theorize maritime security in the littorals? It soon became apparent, however, that answering this primary question required addressing numerous sub-questions. In Chapters One and Two respectively, we strove to answer the two most fundamental of these sub-questions: Why is a reevaluation of maritime strategy necessary, and what is the Broken Windows theory? Having answered these, we finally turned in this third chapter to the central theme of our dissertation: How can we use the Broken Windows theory as a unifying framework in maritime security strategy? To frame a response, we began by meticulously describing the multidimensional nature of Caribbean security. We carried this theme throughout the chapter by demonstrating that academics and politicians in the region have long since argued for an approach to security that mirrors this reality. Significantly, we validated our selection of Broken Windows by underscoring that, among the fractured web of competing strategic visions, Caribbean authorities have already agreed upon community policing (of which the Broken Windows is a subset theory) as the region’s consensus enforcement model. We similarly highlighted the need for more constructive enforcement solutions—employing lessons learned on urbicide in the first chapter—noting that “security can no longer be limited to traditional military operations.”568 The experiences of Caribbean enforcement, and the lessons of the Broken Windows theory, both endorse the values of “an integrated approach to ‘the conditions which create instabilities in societies,’” or what we have framed as “the need for the adoption of a ‘multidimensional approach to hemispheric security.’”569 Finally, we identified how context cuts across this multidimensional spectrum, offering a domain in which this range of hybrid threats can be combatted under a single rubric.

We have demonstrated repeatedly how the primary theoretical and practical tenets of the Broken Windows theory provide a lens through which to frame

multidimensionality and complexity, unifying disparate components of maritime security in the Caribbean under a common banner and purpose. In so doing, we have reliably addressed the central element of our research question, demonstrating that the Broken Windows theory indeed provides suitable scaffolding upon which to construct a comprehensive theoretical model of maritime security. What remains of our research inquiry is one of the most significant components of any theoretical evaluation:

generalizability. Our remaining two case studies are thus not approached with the same comprehensive scope employed in the Caribbean context. Instead, we turn in the

following two short chapters to conclude our investigation with the job of demonstrating the generalizable application of our new construct.

Framing Littoral Maritime Security Through the Lens of the Broken Windows Theory

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2_{Ivelaw Griffith, “Probing Security Challenge and Change in the Caribbean,” in}_{Caribbean Security in the}

Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 9.

3_{Ivelaw Griffith, “Probing Security Challenge and Change in the Caribbean,” in}_{Caribbean Security in the}

Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 4.

4_{(Ivelaw Griffith, “Probing Security Challenge and Change in the Caribbean,” in}_{Caribbean Security in the}

Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 31; Trevor Munroe, “The Menace of Drugs,” in Caribbean Security in the Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 171; Norman Girvan, “Agenda Setting and Regionalism in the Greater Caribbean: Responses to 9/11,” in Caribbean Security in the Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 329; Isabel Jaramillo Edwards, “Coping with 9/11: State and Civil Society Responses,” in

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(Kingston, Jamaica: Ian Randle Publishers, 2004), 513.

5_{Norman Girvan, “Agenda Setting and Regionalism in the Greater Caribbean: Responses to 9/11,” in}

Caribbean Security in the Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 329.

6_{Ivelaw Griffith, “Probing Security Challenge and Change in the Caribbean,” in}_{Caribbean Security in the}

Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 10-11.

7_{Clifford Griffin, “Regional Law Enforcement Strategies in the Caribbean,” in}_{Caribbean Security in the}

Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 487.

8_{Trevor Munroe, “The Menace of Drugs,” in}_{Caribbean Security in the Age of Terror: Challenge and}

Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 169.

9_{Trevor Munroe, “The Menace of Drugs,” in}_{Caribbean Security in the Age of Terror: Challenge and}

Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 169.

10_{Trevor Munroe, “The Menace of Drugs,” in}_{Caribbean Security in the Age of Terror: Challenge and}

Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 169.

11_{Trevor Munroe, “The Menace of Drugs,” in}_{Caribbean Security in the Age of Terror: Challenge and}

Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 168.

12_{Trevor Munroe, “The Menace of Drugs,” in}_{Caribbean Security in the Age of Terror: Challenge and}

Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 166.

13_{Trevor Munroe, “The Menace of Drugs,” in}_{Caribbean Security in the Age of Terror: Challenge and}

Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 169.

14_{Trevor Munroe, “The Menace of Drugs,” in}_{Caribbean Security in the Age of Terror: Challenge and}

Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 170.

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17_{Ivelaw Griffith, “Probing Security Challenge and Change in the Caribbean,” in}_{Caribbean Security in the}

Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 27.

18_{Ivelaw Griffith, “Probing Security Challenge and Change in the Caribbean,” in}_{Caribbean Security in the}

Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 30-31.

19_{Ivelaw Griffith, “Probing Security Challenge and Change in the Caribbean,” in Caribbean Security in the}

Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 30-31.

20_{Ivelaw Griffith, “Probing Security Challenge and Change in the Caribbean,” in Caribbean Security in the}

Age of Terror: Challenge and Change, ed. Ivelaw Griffith (Kingston, Jamaica: Ian Randle Publishers, 2004), 31.

21_{Richard Millett, “Weak States and Porous Borders: Smuggling Along the Andean Ridge,” in}

Transnational Threats: Smuggling and Trafficking in Arms, Drugs, and Human Life, ed. Kimberley Thachuk (Westport, CT: Praeger Security International, 2007), 166.

22_{Richard Millett, “Weak States and Porous Borders: Smuggling Along the Andean Ridge,” in}

Transnational Threats: Smuggling and Trafficking in Arms, Drugs, and Human Life, ed. Kimberley Thachuk (Westport, CT: Praeger Security International, 2007), 166.

23_{Richard Millett, “Weak States and Porous Borders: Smuggling Along the Andean Ridge,” in}

Transnational Threats: Smuggling and Trafficking in Arms, Drugs, and Human Life, ed. Kimberley Thachuk (Westport, CT: Praeger Security International, 2007), 166.

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(New York: Anchor Books, 2005), 73-74.

25_{Moisés Naím, Illicit: How Smugglers, Traffickers, and Copycats are Hijacking the Global Economy}

(New York: Anchor Books, 2005), 74-75.

26_{Moisés Naím, Illicit: How Smugglers, Traffickers, and Copycats are Hijacking the Global Economy}

(New York: Anchor Books, 2005), 74-75.

27_{James Zackrison, “Smuggling and the Caribbean: Tainting Paradise Throughout History,” in}