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‘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 (2014) 13 MqLJ 79., 13 . pp. 79-97. [Journal article]

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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:Journal article
Faculties and Schools:Faculty of Social Sciences > School of Law
Faculty of Social Sciences
Research Institutes and Groups:Transitional Justice Institute
ID Code:29866
Deposited By: Dr Alice Diver
Deposited On:11 Aug 2014 11:13
Last Modified:11 Aug 2014 11:13

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