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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, AR (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. 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
Uncontrolled Keywords: 1801 Law
Subjects: K Law > K Law (General)
Divisions: School of Law
Publisher: Macquarie University
Date Deposited: 14 Sep 2018 11:16
Last Modified: 16 Sep 2018 11:06
URI: http://researchonline.ljmu.ac.uk/id/eprint/9225

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