‘THEY TOOK OUR FLAG!’ SHOULD NORTHERN IRELAND’S DECISION MAKERS VIEW MNEMONIC HERITAGE EMBLEMS AS ‘CULTURAL EASEMENTS’ IN INTERNATIONAL LAW?

Diver, Alice (2014) ‘THEY TOOK OUR FLAG!’ SHOULD NORTHERN IRELAND’S DECISION MAKERS VIEW MNEMONIC HERITAGE EMBLEMS AS ‘CULTURAL EASEMENTS’ IN INTERNATIONAL LAW? Macquarie Law Journal, 13. pp. 79-97. ISSN 1445-386X

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Abstract

This article looks to the recent ‘removed flag’ controversies in Northern Ireland to argue that post-conflict decision-making should be underpinned by principles of international human rights law and by a checklist of fiduciary obligations for decision-makers to actively peace-keep. Useful guidance on cultural property rights is drawn upon from amongst indigenous case law on cultural easements; political decision-makers are framed as the trustees of a peace process that morally obliges them to maintain a meaningful level of community involvement and consensus and that is underpinned by post-conflict norms of tolerance and mutual respect. The article argues that long-held ‘other-side’ fears and perceptions should be afforded a meaningful level of respect, as should symbolic items of cultural heritage that ‘belong’ to newly minoritised sections of the community.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Law and Criminology
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Date Deposited: 22 Dec 2015 11:57
URI: http://repository.edgehill.ac.uk/id/eprint/6777

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