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Journal articles on the topic 'International and municipal law – Northern Ireland'

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Published: 10 March 2023

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1

O'Donoghue, Aoife, and Ben T. C. Warwick. "Constitutionally questioned: UK debates, international law and Northern Ireland." Northern Ireland Legal Quarterly 66, no. 1 (August 17, 2018): 93–104. http://dx.doi.org/10.53386/nilq.v66i1.145.

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This comment examines the proposed UK constitutional changes proffered following the no vote in the Scottish independence referendum from an international legal perspective. With a particular focus on the implications for Northern Ireland, this piece considers the possible consequences of further devolution, proposed federalism, changes to the UK’s relationship with the European Convention on Human Rights (ECHR), modifications of relations with the European Union (EU) and the potential effects of change to the relationship with the Republic of Ireland. In looking at these issues through the lens of international law, this comment brings a fresh perspective to questions of constitutional change for Northern Ireland.

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2

Flanagan, Ronnie. "Maintaining law and order in Northern Ireland." RUSI Journal 143, no. 4 (August 1998): 12–17. http://dx.doi.org/10.1080/03071849808446281.

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3

Craig, Elizabeth. "From soft to hard law?" Focaal 2010, no. 56 (March 1, 2010): 35–48. http://dx.doi.org/10.3167/fcl.2010.560103.

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This article explores the use of soft law by those involved in the drafting of a Bill of Rights for Northern Ireland, drawing in particular on the author's experiences as legal adviser to the Culture, Identity, and Language Working Group of the Northern Ireland Bill of Rights Forum. The article reflects on the extent to which the Council of Europe's Framework Convention for the Protection of National Minorities 1995 and other relevant international instruments can be considered as forms of international soft law. It then highlights controversies that have arisen in debates over the content and scope of provisions addressing culture, identity, and language issues in any future Bill of Rights for Northern Ireland.

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4

McEvoy, Kieran. "Prisoner Release and Conflict Resolution: International Lessons for Northern Ireland." International Criminal Justice Review 8, no. 1 (May 1998): 33–60. http://dx.doi.org/10.1177/105756779800800103.

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5

O’Rourke, Catherine. "Advocating Abortion Rights in Northern Ireland." Social & Legal Studies 25, no. 6 (December 2016): 716–40. http://dx.doi.org/10.1177/0964663916668249.

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It is frequently claimed that the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is more significant for the cultural, rather than legal, work that it does in reframing locally contested gender issues as the subject of international human rights. While this argument is well developed in respect of violence against women, CEDAW’s cultural traction is less clear in respect of women’s right to access safe and legal abortion. This article examines the request made jointly by Alliance for Choice, the Family Planning Association Northern Ireland and the Northern Ireland Women’s European Platform to the CEDAW Committee to request an inquiry under the CEDAW Optional Protocol into access to abortion in the jurisdiction. The study found that the CEDAW framework was useful in underpinning alliances between diverse pro-choice organizations but less effective in securing the support of ‘mainstream’ human rights organizations in the jurisdiction. The article argues that the local cultural possibilities of CEDAW must be understood as embedded within both the broader structural gendered limitations of international human rights law and persistent regressive gendered sub-themes within mainstream human rights advocacy.

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6

Donohue, Conor. "The Northern Ireland Question: All-Ireland Self-Determination Post-Belfast Agreement." Victoria University of Wellington Law Review 47, no. 1 (June 1, 2016): 41. http://dx.doi.org/10.26686/vuwlr.v47i1.4878.

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By the Belfast Agreement of 1998, the major parties involved in the Northern Ireland conflict agreed that the territorial status of Northern Ireland would be determined by the Northern Irish people and the people of the island of Ireland collectively. Although this Agreement is significant in shaping the right to self-determination in the all-Irish context, it contains within it many ambiguities. Many questions as to the nature, extent and effects of the right to self-determination in the all-Irish context still remain. These questions and issues which arise within the Agreement are resolvable with recourse to the customary international law of self-determination, particularly the law and practice relating to referenda. The Belfast Agreement is not simply of relevance in the Irish context. Rather, it offers an understanding of the limitations which may be imposed on the right to self-determination, and serves as a model for the resolution of self-determination disputes.

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7

Melo Araujo, Billy. "An analysis of the UK Government’s defence of the Northern Ireland Protocol Bill under international law." Northern Ireland Legal Quarterly 73, S2 (December 15, 2022): 89–118. http://dx.doi.org/10.53386/nilq.v73is2.1060.

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In the early summer of 2022, the United Kingdom (UK) Government introduced the Northern Ireland Protocol Bill in the House of Commons. This Bill establishes a regulatory framework that is intended to enable the UK Government to breach its obligations under the Withdrawal Agreement and, more specifically, the Ireland/Northern Ireland Protocol (the Protocol). The UK Government contends that the Bill can, however, be justified under international law by reference to both article 16 of the Protocol and the plea of necessity under customary international law. This article examines the extent to which the UK Government’s position is valid.

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8

Hunt, Paul, and Brice Dickson. "Northern Ireland's Emergency Laws and International Human Rights." Netherlands Quarterly of Human Rights 11, no. 2 (June 1993): 173–84. http://dx.doi.org/10.1177/016934419301100204.

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In this article, international law of human rights is used as a yardstick against which to measure the emergency provisions operating in Northern Ireland, where special trial procedures have been in place since 1973 for persons accused of terrorist offenses. In particular, the use of juries has been withdrawn, all matters of fact and law being decided instead by a single judge in the so called ‘Diplock’ courts. There are many unsatisfactory features of the emergency legislation associated with the Diplock court proceedings. Because of these features, it is probable that some defendants in the Diplock court system are not afforded the fair trial to which they are entitled under the international law of human rights. With respect to arrest, interrogation, the admissibility of confessions, the right of silence, access to family and lawyer, there is a risk that the requirements of a fair trial, as set out in Article 5 ECHR and Article 14 ICCPR, are not met. Also, the Northern Ireland's law on the use of lethal force may not comply with the European Convention's standard on protecting the right to life. The authors conclude that international human rights standards would be better protected in Northern Ireland if the European Convention on Human Rights were incorporated in domestic law. The British Government should ratify Protocol 4 to the Convention which would extend the rights guaranteed to individuals within the United Kingdom, and the first Optional Protocol to the ICCPR, thereby giving individuals an alternative mechanism for addressing violations of human rights.

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9

Viall, Claire. "Abortion Access in the Republic of Ireland and Northern Ireland: International Influence and Changing Laws?" Policy Perspectives 24 (May 4, 2017): 1. http://dx.doi.org/10.4079/pp.v24i0.17599.

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Access to abortion services in Northern Ireland and the Republic of Ireland is extremely restricted. Women have few options beyond traveling abroad and paying out of pocket to undergo an abortion. In the United Kingdom, abortion is legal up to 24 weeks and is largely free of cost under the National Health Service. While Northern Ireland is part of the United Kingdom, laws legalizing abortion do not apply, and abortion law has not changed since 1861. In 1983, the Republic of Ireland passed an amendment to its constitution equating the life of a mother with the life of an unborn fetus. Since then, several high-profile court cases were brought to the European Court of Human Rights, which has slowly expanded abortion access in the country.

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10

Warbrick, Colin, Dominic McGoldrick, and Geoff Gilbert. "I. The Northern Ireland Peace Agreement, Minority Rights and Self-Determination." International and Comparative Law Quarterly 47, no. 4 (October 1998): 943–50. http://dx.doi.org/10.1017/s002058930006262x.

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The Northern Ireland Peace Agreement1 was concluded following multi-party negotiations on Good Friday, 10 April 1998. It received 71 per cent approval in Northern Ireland and 95 per cent approval in the Republic of Ireland in the subsequent referenda held on Friday 22 May, the day after Ascension. To some, it must have seemed that the timing was singularly appropriate following 30 years of “The Troubles”, which were perceived as being between a “Catholic minority” and a “Protestant majority”. While there are some minority groups identified by their religious affiliation that do require rights relating only to their religion, such as the right to worship in community,2 to practise and profess their religion,3 to legal recognition as a church,4 to hold property5 and to determine its own membership,6 some minority groups identified by their religious affiliation are properly national or ethnic minorities–religion is merely one factor which distinguishes them from the other groups, including the majority, in the population. One example of the latter situation is to be seen in (Northern) Ireland where there is, in fact, untypically, a double minority: the Catholic-nationalist community is a minority in Northern Ireland, but the Protestant-unionist population is a minority in the island of Ireland as a whole.7 The territory of Northern Ireland is geographically separate from the rest of the United Kingdom. The recent peace agreement addresses a whole range of issues for Northern Ireland, but included are, on the one hand, rights for the populations based on their religious affiliation, their culture and their language and, on the other, rights with respect to their political participation up to the point of external self-determination. It is a holistic approach. Like any good minority rights agreement,8 it deals with both standards and their implementation and, like any good minority rights agreement, it is not a minority rights agreement but, rather, a peace settlement.

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11

Johnston, Niall. "GUEST ARTICLE - The Northern Ireland Assembly: A New Beginning?" Journal of Legislative Studies 8, no. 1 (March 2002): 1–9. http://dx.doi.org/10.1080/714003901.

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12

Smart, P. St J. "Jurisdiction to Wind Up Companies Incorporated in Northern Ireland." International and Comparative Law Quarterly 45, no. 1 (January 1996): 177–90. http://dx.doi.org/10.1017/s0020589300058711.

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In Re A Company (No.007946 of 1993)1 it was held that a company incorporated in Northern Ireland was an “unregistered company” within section 220 of the Insolvency Act 1986 and, accordingly, was amenable to the winding-up jurisdiction of the English court. In so holding Morritt J specifically declined to follow the view expressed in Dicey and Morris,2 a view which had been adhered to by a number of writers on both English and Scottish law.3 Prior to his Lordship's determination it was considered as a general proposition that a company incorporated in one part of the United Kingdom could be wound up only in the place of incorporation (such judicial authority as there was in respect of Northern Irish companies4 was to this effect—although it was not brought to the attention of Morritt J). Whilst as a matter of precedent it was undoubtedly open to Morritt J to hold that there was jurisdiction to wind up a Northern Irish company, such a conclusion is completely at odds with the history and underlying intention of the relevant statutory provisions.

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13

Ashe, Fidelma. "Gendering Demilitarisation and Justice in Northern Ireland." British Journal of Politics and International Relations 17, no. 4 (January 20, 2015): 665–80. http://dx.doi.org/10.1111/1467-856x.12066.

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14

Hayward, Katy, and Milena Komarova. "The Protocol on Ireland/Northern Ireland: Past, Present, and Future Precariousness." Global Policy 13, S2 (April 2022): 128–37. http://dx.doi.org/10.1111/1758-5899.13079.

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15

Patterson, Henry. "Interests and identities in Northern Ireland." Dynamics of Asymmetric Conflict 4, no. 1 (March 2011): 73–76. http://dx.doi.org/10.1080/17467586.2011.584196.

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16

Williams, Paul R., and Sabrineh Ardalan. "The Northern Ireland Peace Agreement: Evolving the Principle of Self-Determination." Leiden Journal of International Law 12, no. 1 (March 1999): 155–71. http://dx.doi.org/10.1017/s0922156599000047.

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Central to this article is the evolution of the nature of the principle of self-determination. The main focus will be on the examination of a recent instance of state practice — the Northern Ireland Peace Agreement. In particular, the way in which the Northern Ireland Peace Agreement has given effect to the primary elements of self-determination, including democratic self-government, the protection of human rights, and the protection of minority rights will be discussed.

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17

McLaughlin, Eithne. "Introduction: Themed Section on Equality." Social Policy and Society 6, no. 1 (January 2007): 49–51. http://dx.doi.org/10.1017/s1474746406003332.

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Equality law is in a state of ferment in the UK with a Westminster bill having laid the ground for a single Equality and Human Rights Commission, new European Directives on Equality, a debate in Northern Ireland over the adoption of a Single Equality Act (OFMDFM, 2004) and a stalled debate in Northern Ireland over a Bill of Rights. (O'Connell, 2006: 3).

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18

Haughey, Sean. "Extra-parliamentary behaviour in Northern Ireland: MLAs and constituency service." Journal of Legislative Studies 23, no. 4 (October 2, 2017): 529–48. http://dx.doi.org/10.1080/13572334.2017.1394737.

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19

Farrington, Christopher. "Unionism and the Peace Process in Northern Ireland." British Journal of Politics and International Relations 8, no. 2 (May 2006): 277–94. http://dx.doi.org/10.1111/j.1467-856x.2006.00233.x.

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20

Simpson, Mark. "The Agreement and devolved social security: a missed opportunity for socio-economic rights in Northern Ireland?" Northern Ireland Legal Quarterly 66, no. 2 (August 17, 2018): 105–25. http://dx.doi.org/10.53386/nilq.v66i2.146.

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The UK government made three key human rights-related commitments in the Good Friday Agreement, the basis for the restoration of devolution and transition from conflict to peace in Northern Ireland: to incorporate the European Convention on Human Rights into Northern Ireland law; to consider proposals for a regional Bill of Rights; and to ensure compliance with the state’s international obligations in the region. While ECHR compliance is required of devolved institutions by the constitutional legislation, the prospects of a Bill of Rights being enacted appears limited and oversight of compliance with other international obligations is unsatisfactorily placed in political, rather than judicial, hands. Consequently, protection of socio-economic rights beyond those covered by the ECHR is weak. This paper argues that judicial protection of socio-economic rights – whether in the form of a Bill of Rights or the incorporation of additional human rights agreements into Northern Ireland law – is required for full implementation of the Agreement. It then considers the implications of such a step for social security in the region. The concluding section highlights political and fiscal implications that would have to be considered.

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21

Campbell, Colm. "‘WARS ON TERROR’ AND VICARIOUS HEGEMONS: THE UK, INTERNATIONAL LAW, AND THE NORTHERN IRELAND CONFLICT." International and Comparative Law Quarterly 54, no. 2 (April 2005): 321–56. http://dx.doi.org/10.1093/iclq/lei002.

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The hegemonic position of the United States, and its implication for international law, are rapidly emerging as sites of intense scholarly interest.1It is a truism that the fall of the Berlin wall has been followed by a period of unprecedented American predominance in the military, economic, and political spheres. Replacing the bi-polar certainties of the Cold War is a world in flux, dominated, to a significant extent, by one remaining superpower, or, in the words of the former French Foreign Minister, Hubert Vedrine, by a ‘hyperpower’.2Some though, have emphasised the continuing importance of other loci of (lesser) power in a ‘uni-multipolar’ world.3That this domination posed critical questions for international law was obvious well before the 9/11 atrocities, as the debate over NATO's use of force in Kosovo illustrated. Since the invasions of Afghanistan and Iraq, and with the global ‘war on terror’ reaching into ever-increasing spheres, the debate has intensified significantly.

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22

Loane, Geoff. "A new challenge or a new role? The ICRC in Northern Ireland." International Review of the Red Cross 94, no. 888 (December 2012): 1481–502. http://dx.doi.org/10.1017/s1816383113000520.

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AbstractDespite the narrative of success surrounding the Northern Ireland peace process, which culminated in the 1998 Good Friday Agreement, there remain significant humanitarian consequences as a result of the violence. The International Committee of the Red Cross (ICRC) has opened an office in Belfast after its assessments demonstrated a need for intervention. While a two-year ‘dirty protest’ in Northern Ireland's main prison has been recently resolved, paramilitary structures execute punishments, from beatings to forced exile and even death, outside of the legal process and in violation of the criminal code. This article examines the face of modern humanitarianism outside of armed conflict, its dilemmas, and provides analysis as to why the ICRC has a role in the Northern Ireland context.

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23

Walker, Clive. "Human Rights on Duty: Principles for Better Policing – International Lessons for Northern Ireland." Crime Prevention and Community Safety 1, no. 1 (January 1999): 81–83. http://dx.doi.org/10.1057/palgrave.cpcs.8140010.

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24

Bakircioglu, Onder, and Brice Dickson. "THE EUROPEAN CONVENTION IN CONFLICTED SOCIETIES: THE EXPERIENCE OF NORTHERN IRELAND AND TURKEY." International and Comparative Law Quarterly 66, no. 2 (February 20, 2017): 263–94. http://dx.doi.org/10.1017/s0020589317000033.

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AbstractSince the entry into force of the European Convention on Human Rights there have been many serious conflicts in Europe. This article examines the role played by the Convention in two of those conflicts: that in Northern Ireland between supporters of the territory remaining part of the United Kingdom and supporters of Northern Ireland becoming part of a reunified Ireland, and that in Turkey between those who advocate for a unified Turkish State and those who want a Turkey which grants greater rights to Kurds and accepts greater autonomy for the Kurdish-dominated southeast region. The principal goal is to compare how the institutions in Strasbourg have responded to applications lodged by victims of human rights abuses allegedly committed during the two conflicts. The comparison seeks to identify to what extent the European Court of Human Rights has adopted principles and practices which can contribute to a reduction in human rights abuses during times of conflict.

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Ní Ghráinne, Bríd, and Aisling McMahon. "ABORTION IN NORTHERN IRELAND AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS: REFLECTIONS FROM THE UK SUPREME COURT." International and Comparative Law Quarterly 68, no. 2 (March 21, 2019): 477–94. http://dx.doi.org/10.1017/s0020589319000034.

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AbstractOn 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland's near-total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC's treatment of international law in this case. It argues that the UKSCt was justified in finding that Northern Ireland's ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.

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KNOX, COLIN. "Tackling Racism in Northern Ireland: ‘The Race Hate Capital of Europe’." Journal of Social Policy 40, no. 2 (July 26, 2010): 387–412. http://dx.doi.org/10.1017/s0047279410000620.

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AbstractNorthern Ireland has been dubbed by the media as the ‘race hate capital of Europe’ and attracted recent international criticism after one hundred Roma families were forced to flee their homes following racist attacks. This paper examines the problem of racism in Northern Ireland from a number of perspectives. First, it considers the effectiveness of the Government's response to racism against its Racial Equality Strategy 2005–10 using performance criteria designed to track the implementation of the strategy. Second, it considers and empirically tests the assertion in the literature that sectarianism shapes the way in which racism is reproduced and experienced. Third, it explores racism at the level of the individual – which factors influence people in Northern Ireland to exhibit racist behaviour. Finally, the paper considers the likely policy implications of the research findings in the context of devolved government where addressing racism is part of a wider political imbroglio which has gridlocked decision-making within the power-sharing Executive of Northern Ireland.

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27

Tannam, Etain. "Cross-Border Co-Operation between Northern Ireland and the Republic of Ireland: Neo-Functionalism Revisited." British Journal of Politics and International Relations 8, no. 2 (May 2006): 256–76. http://dx.doi.org/10.1111/j.1467-856x.2006.00202.x.

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28

Byrne, SeanArnold,. "The Impact of International Funding on Reconciliation and Human Security in Northern Ireland." Journal of Human Security 6, no. 3 (August 2010): 16–35. http://dx.doi.org/10.3316/jhs0603016.

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29

Speer, John K. "Doherty v. U.S. Department of Justice." American Journal of International Law 85, no. 2 (April 1991): 345–48. http://dx.doi.org/10.2307/2203070.

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This case is the latest in a series of actions brought in the United States since 1984 that have resulted in court and administrative decisions on the claim of asylum by, and attempt at extradition of, the plaintiff, Joseph Patrick Doherty, a native of Northern Ireland and subject of the United Kingdom and its Colonies. He was admittedly a member of the Provisional Irish Republican Army and was convicted in absentia, in Northern Ireland, of murder of a British Army officer there in 1980. In the instant case, the plaintiff sought review by the United States Court of Appeals for the Second Circuit of two administrative decisions by successive Attorneys General of the United States (one by Edwin Meese in June 1988, and the other by Richard Thornburgh in July 1989).

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30

Dougan, Michael. "So long, farewell, auf wiedersehen, goodbye: The UK’S withdrawal package." Common Market Law Review 57, Issue 3 (May 1, 2020): 631–704. http://dx.doi.org/10.54648/cola2020689.

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The United Kingdom left the European Union at midnight CET on 31 January 2020. This article provides a critical analysis of the Withdrawal Package concluded by the Union and the UK. As regards theWithdrawal Agreement designed to facilitate an orderly departure, we analyse the provisions on: governance arrangements; the transition period; citizens’ rights; and the Ireland / Northern Ireland border. We then discuss the prospects for future EU-UK relations as expressed in their joint Political Declaration and developed in their respective post-withdrawal negotiating positions.

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31

McEvoy, K. "ART, ANGST AND DEALING WITH THE PAST IN NORTHERN IRELAND." Journal of Human Rights Practice 1, no. 1 (March 1, 2009): 164–68. http://dx.doi.org/10.1093/jhuman/hun008.

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32

McGrattan, Cillian. "Community-Based Restorative Justice in Northern Ireland: A Neo-Traditionalist Paradigm?" British Journal of Politics and International Relations 12, no. 3 (March 2010): 425–41. http://dx.doi.org/10.1111/j.1467-856x.2010.00405.x.

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Pinkerton, Patrick. "Resisting Memory: The Politics of Memorialisation in Post-Conflict Northern Ireland." British Journal of Politics and International Relations 14, no. 1 (April 20, 2011): 131–52. http://dx.doi.org/10.1111/j.1467-856x.2011.00458.x.

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Anderson, Miriam J. "Transnational Feminism and Norm Diffusion in Peace Processes: The Cases of Burundi and Northern Ireland." Journal of Intervention and Statebuilding 4, no. 1 (March 2010): 1–21. http://dx.doi.org/10.1080/17502970903086727.

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35

Gormally, Brian. "The Third corner and the second pillar: The community and restorative justice in Northern Ireland." ERA Forum 3, no. 1 (March 2002): 14–18. http://dx.doi.org/10.1007/bf02817598.

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Ashe, Fidelma. "From Paramilitaries to Peacemakers: The Gender Dynamics of Community-Based Restorative Justice in Northern Ireland." British Journal of Politics and International Relations 11, no. 2 (May 2009): 298–314. http://dx.doi.org/10.1111/j.1467-856x.2008.00345.x.

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Community-based restorative justice (CBRJ) schemes emerged in Northern Ireland during the ‘peace process’ to provide an alternative to paramilitary systems of justice. These initiatives have received considerable academic attention. A complex and critical literature has now emerged in this area; however, extant explorations of CBRJ have tended to sideline issues of gender power. Feminists and international bodies, such as the United Nations, have highlighted the importance of addressing historical gendered inequities in terms of the design and evaluation of conflict transformation initiatives. Drawing on contemporary feminist frameworks this article exposes the importance of the category of gender in evaluations of CBRJ in Northern Ireland. Moreover, it scrutinises the theoretical processes through which issues of gender power have been filtered out of evaluations of community-based restorative justice schemes in the region.

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37

Harris, Lyndsey. "Introducing the Strategic Approach: An Examination of Loyalist Paramilitaries in Northern Ireland." British Journal of Politics and International Relations 8, no. 4 (November 2006): 539–49. http://dx.doi.org/10.1111/j.1467-856x.2006.00237.x.

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Mac Ginty, Roger. "The Liberal Peace at Home and Abroad: Northern Ireland and Liberal Internationalism." British Journal of Politics and International Relations 11, no. 4 (November 2009): 690–708. http://dx.doi.org/10.1111/j.1467-856x.2009.00385.x.

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O'Kane, Eamonn. "Learning from Northern Ireland? the Uses and Abuses of the Irish ‘Model’." British Journal of Politics and International Relations 12, no. 2 (March 2010): 239–56. http://dx.doi.org/10.1111/j.1467-856x.2009.00399.x.

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40

Tonge, Jon, Jocelyn Evans, Robert Jeffery, and James W. McAuley. "New Order: Political Change and the Protestant Orange Tradition in Northern Ireland." British Journal of Politics and International Relations 13, no. 3 (July 15, 2010): 400–419. http://dx.doi.org/10.1111/j.1467-856x.2010.00421.x.

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41

Murphy, Mary C. "Regional Representation in Brussels and Multi-Level Governance: Evidence from Northern Ireland." British Journal of Politics and International Relations 13, no. 4 (February 25, 2011): 551–66. http://dx.doi.org/10.1111/j.1467-856x.2010.00446.x.

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The creation of Northern Ireland's regional representation in Brussels (ONEIB) has changed the dynamics of the region's engagement with the EU. Devolution has formalised Northern Ireland's representation in Brussels and has created close links between it and UKRep. On balance, this new arrangement limits rather than enhances regional autonomy, and is in contrast to the pre-devolution period when the ability of regional actors to pursue influence in Brussels was less constrained by the institutions of the UK state. The result is a movement towards rather than away from government, where less formal modes of governance have been replaced by formalised and institutionalised government-directed arrangements. This contradicts the claims of MLG theorists who suggest that the evolving power and influence of regions has been to the detriment of states.

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42

Gormley-Heenan, Cathy, and Arthur Aughey. "Northern Ireland and Brexit: Three effects on ‘the border in the mind’." British Journal of Politics and International Relations 19, no. 3 (June 8, 2017): 497–511. http://dx.doi.org/10.1177/1369148117711060.

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For those who spoke on behalf of Leave voters, the result on 23 June 2016 meant the people of the United Kingdom were taking back ‘control’ or getting their ‘own country back’. However, two parts of the United Kingdom did not vote Leave: Scotland and Northern Ireland. Here, the significant counterpoint to ‘taking back control is “waking up in a different country”’, and this sentiment has unique political gravity. Its unique gravity involves two distinct but intimately related matters. The first concerns the politics of identity. The vote was mainly, if not entirely, along nationalist/unionist lines, confirming an old division: unionists were staking a ‘British’ identity by voting Leave, and nationalists an Irish one by voting Remain. The second concerns borders. The Good Friday/Belfast Agreement of 1998 meant taking the border out of Irish politics. Brexit means running the border between the European Union (EU) and the United Kingdom across the island as a sovereign ‘frontier’. Although this second matter is discussed mainly in terms of the implications for free movement of people and goods, we argue that it is freighted with meanings of identity. Brexit involves a ‘border in the mind’, those shifts in self-understanding, individually and collectively, attendant upon the referendum. This article examines this ‘border in the mind’ according to its effects on identity, politics and the constitution, and their implications for political stability in Northern Ireland.

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Tickell, Andrew. "How Should Complainer Anonymity for Sexual Offences be Introduced in Scotland? Learning the International Lessons of #Letherspeak." Edinburgh Law Review 26, no. 3 (September 2022): 355–89. http://dx.doi.org/10.3366/elr.2022.0783.

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It is often claimed that complainers in sexual offence cases have an “automatic right to lifelong anonymity in UK law.” While this is true in England, Wales and Northern Ireland – Scots law currently imposes no automatic restrictions on the identification of people who say they have been victims of rape and other sexual offences. Underpinned by a comparative analysis of twenty common law jurisdictions – including Ireland, India, Bangladesh, Singapore, Hong Kong, Canada, New Zealand and Australia – this article considers how complainer anonymity could and should be introduced in Scotland. This article is in three main parts. The first considers the reasons for granting anonymity to complainers in sexual cases. The second explores how complainer anonymity is realised in the laws of the twenty comparator jurisdictions considered in this study, and the key similarities and differences in their approaches to imposing reporting restrictions. Drawing on the experience of the # LetHerSpeak campaign in Australia, the third section considers critical design choices the Scottish Government faces in legislating for complainer anonymity, including decisions on when a right to anonymity accrues, what offences it applies to, and in what circumstances – and by whom – it can be waived or set aside.

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O'Neills, Shane. "Liberty, Equality and the Rights of Cultures: The Marching Controversy at Drumcree." British Journal of Politics and International Relations 2, no. 1 (April 2000): 26–45. http://dx.doi.org/10.1111/1467-856x.00023.

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This article offers a normative-theoretical assessment of a key aspect of the continuing cultural conflict in Northern Ireland. The marching controversy at Drumcree has had a destabilising effect on the peace process and it represents a serious threat to the achievement of the kind of political accommodation outlined in the Good Friday Agreement. The aim is to apply Jürgen Habermas's discourse theory of rights to this dispute so as to assess which, if any, of the conflicting claims should take priority. By seeking to assess the rational acceptability of the better arguments on either side, I reject the view that these claims are irreconcilable. In the concluding section I outline four principles that provide a normative basis for just resolutions to conflicts over contentious marches in Northern Ireland.

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Byrne, Sean, Katerina Standish, Jobb Arnold, Eyob Fissuh, and Cynthia Irvin. "Economic Aid: The End of Phase II and the Impact on Sustainable Peacebuilding in Northern Ireland." Journal of Intervention and Statebuilding 3, no. 3 (November 2009): 345–63. http://dx.doi.org/10.1080/17502970903086743.

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Little, Adrian. "The Problems of Antagonism: Applying Liberal Political Theory to Conflict in Northern Ireland." British Journal of Politics and International Relations 5, no. 3 (August 2003): 373–92. http://dx.doi.org/10.1111/1467-856x.00111.

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Hepburn, Eve, and P. J. McLoughlin. "Celtic Nationalism and Supranationalism: Comparing Scottish and Northern Ireland Party Responses to Europe." British Journal of Politics and International Relations 13, no. 3 (September 14, 2010): 383–99. http://dx.doi.org/10.1111/j.1467-856x.2010.00426.x.

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Haersolte-von Hof, Jacomijn J. van. "US/UK Arbitration Concerning Heathrow Airport User Charges - Some Procedural Aspects." Leiden Journal of International Law 8, no. 1 (1995): 203–16. http://dx.doi.org/10.1017/s0922156500003228.

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This arbitration arose under the Air Services Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter: HMG) and the Government of the United States (hereinafter: USG) concluded at Bermuda, 23 July 1977, as subsequently amended. This Agreement, which is generally referred to as Bermuda 2, provides, inter alia, that airport charges should not discriminate between a state's domestic carriers and those of the other party, and that theparties should use their best efforts to ensure that charges should be based on certain principles.

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Ward, Rachel J. "‘It's Not Just Tea and Buns’: Women and Pro-union Politics in Northern Ireland." British Journal of Politics and International Relations 6, no. 4 (November 2004): 494–506. http://dx.doi.org/10.1111/j.1467-856x.2004.00152.x.

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Spencer, Graham. "Containing Dialogue: The British Government and Early Talks in the Northern Ireland Peace Process." British Journal of Politics and International Relations 10, no. 3 (August 2008): 452–71. http://dx.doi.org/10.1111/j.1467-856x.2008.00326.x.

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