‘They Took our Flag!’ Should Northern Ireland's Decision-makers view Mnemonic Heritage Emblems as 'Cultural Easements' in International Law?

Alice Diver

Research output: Contribution to journalArticle

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.
LanguageEnglish
Pages79-97
JournalMacquarie Law Journal
Volume13
Publication statusPublished - 29 Jul 2014

Fingerprint

international law
decision maker
norm conflict
respect
political decision
peace process
case law
right of ownership
cultural heritage
community
tolerance
obligation
peace
human rights
anxiety
decision making
Law

Cite this

@article{fac3e70203bc4e51a6e7be98b1c1fc6d,
title = "‘They Took our Flag!’ Should Northern Ireland's Decision-makers view Mnemonic Heritage Emblems as 'Cultural Easements' in International Law?",
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.",
author = "Alice Diver",
year = "2014",
month = "7",
day = "29",
language = "English",
volume = "13",
pages = "79--97",
journal = "Macquarie Law Journal",
issn = "1445-386X",

}

TY - JOUR

T1 - ‘They Took our Flag!’ Should Northern Ireland's Decision-makers view Mnemonic Heritage Emblems as 'Cultural Easements' in International Law?

AU - Diver, Alice

PY - 2014/7/29

Y1 - 2014/7/29

N2 - 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.

AB - 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.

M3 - Article

VL - 13

SP - 79

EP - 97

JO - Macquarie Law Journal

T2 - Macquarie Law Journal

JF - Macquarie Law Journal

SN - 1445-386X

ER -