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kindcstguardian · 5 years

Text

MISC.

Name. Osana Najimi Age. Verse dependant, mostly portraited as 17. Date of birth. January 1st Zodiac. Capricorn Sexual orientation. Bisexual demiromantic Location. Japan Occupation. Student, J-pop fan. Voiceclaim. Brittany Lauda. → Physical traits ♡ Eye color. Honey Hair color. Orange Height. 5'10.4 / 178cm Body. Well-built.

→ School profile ♡ Class. 2-1. Personality. Lovestruck &&. Tsundere. Self-defense. Peak physical strength.

VERSES.

Main verse. Tag. 「 V00 ; Osana ／ ⁿᵒˢᵉ ᵇᵘʳⁱᵉᵈ ⁱⁿ ᵇᵒᵒᵏˢ ᵃⁿᵈ ᵐⁱⁿᵈ ᶠⁱˡˡᵉᵈ ʷⁱᵗʰ ᵈʳᵉᵃᵐˢ 」

Osana is another highschool student in Akademi High, former president of the martial arts club after her embarrassing defeat against Masuta. Her grades are a bit above average except from physical education and biology which are her highest grades.

Rival verse. Tag. 「 V01 ; Osana ／ ˡᵒᵛᵉ ᵒᶠ ᵐʸ ˡⁱᶠᵉ ᵈᵒⁿ'ᵗ ʰᵘʳᵗ ᵐᵉ 」

She has a crush, and Heavens help her. Of all people, she developed a crush on Yamada Taro her childhood friend. Despite being midly scared of ruining their friendship with her romantic affections, she is not giving up. In fact, Osana is willing to try and be more honest, offering to prepare bentos and even purchase gifts with a part-time job.

Friendship. Tag. 「 V02 ; Osana ／ ʷᵉ ᵃˡˡ ʷᵃⁿᵗ ᵃ ᵇⁱᵗ ᵒᶠ ʰᵃᵖᵖⁱⁿᵉˢˢ 」

Aishi had a valid point—after all they had done for her, it would be selfish of her to keep the person they love away from them. After all, Osana was also scared of destroying all those years of friendship. This way was better, remaining strictly platonic.

Lowest atmosphere verse. Tag. 「 V03 ; Osana ／ ʷʰᵒ ⁱˢ ⁱⁿ ᶜᵒⁿᵗʳᵒˡ ? 」

She’s terrified. Osana witnessed a trail of blood and her eyes followed it until she spotted the dead body of Midori Gurin to which she panicked, yelling for help and rushing to find Taro because his safety was her priority. Besides, other students had seen the body as well and were calling the authorities and taking pictures.Scared of what was the fate of Akademi High, Osana is closer than ever to Taro due fearing something bad might happen to him. If someone wanted to harm him, then she would not hesitate to sacrifice herself.

Senpai verse. Tag. 「 V04 ; Osana ／ ᵈʳᵉᵃᵐⁱⁿᵍ ᶠᵒʳ ᵗᵒᵐᵒʳʳᵒʷ 」

Swapped AU, 18 years old. Osana Najimi is in her last year of Akademi High, so many memories and moments she will hold dear to her heart before taking exams and applying for college. She has yet to think in what she wants to do after graduating and it’s quite troubled about that for which she will be mostly reading reference books and talk constantly with her teacher. Love is not on her priorities and she had long ago moved from her initial crush on her childhood best friend, Taro Yamada. However, much like every other student, she ocasionally craves for romantic affection but tries to brush it off.

College verse / 19 years old. V05 ; ᵗʰᵉʳᵉ ᵃʳᵉ ˢᵒ ᵐᵃⁿʸ ᶜʰᵃⁿᵍᵉˢ ᵗʰᵃᵗ ⁱ'ᵐ ᵍᵒⁱⁿᵍ ᵗʰʳᵒᵘᵍʰ

TBA.

My candy love. Tag. V06 ; ᵗᵃˡᵉⁿᵗˡᵉˢˢ ᵃʳᵗⁱˢᵗ ʷⁱᵗʰ ᵃ ᶜʳᵉᵃᵗⁱᵛᵉ ᵐⁱⁿᵈ

TBA.

Eldarya. V07 ; ᵗⁱᵏ ᵗᵒᵏ ⁻ ᵗⁱᵐᵉ ˢˡⁱᵖˢ ᵗʰʳᵒᵘᵍʰ ᵐʸ ᶠⁱⁿᵍᵉʳˢ

FengHuang descendant, 19 years old. After a stressing day at college for a first-year, she decided that it was for the best to take a long and relaxing walk in the park—disconnecting herself from the dorms and constant crushing atmosphere. Yet she was beyond wrong and stepped somewhere she should not have; currently waking up in the middle of a forest with glowing flowers and mixed animals like mutants.

Doki doki literature club verse. V08 ; ⁱⁿᵏ ˢᵖⁱˡˡᵉᵈ ᵒⁿ ᵃˡˡ ᵐʸ ᵖᵃᵖᵉʳˢ

After a year in academy high, she was transferred to another school in a different city. Basically, she moved away and while she keeps in touch with both Yamadas, it’s not the same.The reason she had to move was due issues with a stalker.Being the new student left a bitter taste in her mouth, but Osana had to deal with it. After all, what’s the worse that could happen?

Monster Prom verse. Tag. V09 ; ˢᶜʳᵉᵃᵐ ˡⁱᵏᵉ ᵗʰᵉʳᵉ'ˢ ⁿᵒ ᵗᵒᵐᵒʳʳᵒʷ ᶠᵒʳ ᵗʰᵉᵐ

Banshee species, 21 years old. The redhead could have lived her whole life not knowing she was a banshee—therefore, she blamed Akademi High for making her discover this of herself. After predicting the death of several students, Osana was transferred. She came to the realization of her heritage when her parents bursted into her room when pass three in the morning she started to scream, believing there was an intruder but instead they found her daughter sitting on her bed, eyes rolled to the back of her head while she kept screaming until windows shattered. What shocked them both was that as soon as that happened, Osana went back to sleep as if nothing bad had ever happened. Afraid of what could become of her without proper guidance, they send her to Monster High unknown for them that it was a disaster and laws did not exist. Neither logic.

Mystic messenger verse. Tag. V10 ; ᵐʸˢᵗᵉʳⁱᵒᵘˢ ᵐᵉˢˢᵃᵍᵉˢ ᵃʳᵉ ᵗʰᵉ ᵏᵉʸ

22 years old. Despite her parents being against Osana taking a gap year, she could not handle another year going under all that pressure and try to reach those social expectations that seemed beyond impossible for her.She knew better than anyone that a break was needed or else she would lose it. However, it was never in her plans to be misguided to an empty appartment and fill the role of a deceased person.

Raph, wreck the internet. Tag. V11 ; ⁽ ᵖᵘᵇˡⁱᶜ ᶜʰᵃᵗʳᵒᵒᵐ

Coded to look and be seventeen years old, Osana kept aging despite not actually growing up “physically”.Because she comes from a game that has been and currently still is under development, she might glitch from time to time especially because she is the first rival to be programmed.

Android verse. Tag. V12 ; ʰᵒʷ ᵐᵃʸ ᴵ ʰᵉˡᵖ ʸᵒᵘ?

Loosely based on Detroit: Become Human. Lovesick is a company who created androids for people who were struggling with mental illnesses and required a twenty-four hours seven days a week watching service along someone who would have all knowledge in synthoms and be able to help with the recovery, plus prepare meals, keep everything clean in case the person itself was not capable of doing so, etcetera. Because such task was time-consuming and drained most humans if not everyone’s energies, this androids were programmed. They even have bodies resambling humans, including synthethic organs, to put their humans in charge at ease. Each model has a default personality to make them resamble more a human—as well as they are perfectly capable of being empathic and feel emotions although not as strongly as humans ( or that is assumed ).

Miraculous Ladybug verse. Tag. V13 ; ⁽ ᵇᵉ ᵖʳᵉᵖᵃʳᵉᵈ ⁾

Ox holder. Some punks were bothering an old man in a park and Osana wasn’t about to watch how they beat up an elder person, where was the respect nowdays! Sprinting her way towards them, she used without much thinking her bag to knock one down before positioning herself in front of the man, acting as shield. The situation quickly unfolded to a full-combat in which she knocked out the three guys and was panting heavily but even then, she turned around to ask the elder if he was alright only to find a small box on the floor instead of the man. Huffing, she grabbed the box as a token and carefully read a puzzling note: Ox miraculous — Holders: they are persistent but stubborn, cautious but hesitant, moody and quick-tempered but caring with a fragile soul. The redhead did not understand the meaning behind those words until she got home and wore the strange jewel inside the hexagonal box, a blue choker of sorts with five pale yellow spikes. Unbeknown to her, a magic creature appeared in front of her. After a mild-breakdown of not understanding this responsability, Osana became the miraculous holder of the Ox, with her kwami named Stompp. and currently protects a part of Japan under the name of Lán-acier. Her transformation phrase is ‘Stompp, break through’ whereas her de-transformation is ‘Stompp, throw back’ and her weapon is a hammer that, much like Chat Noir’s baton, has length-changing feature and a split one—in this case, when her hammer is split in half, they apear to be two dull axes. Note. her hair is done in a braided updo hence why it appears as short.

Percy Jackson & the Olympus Tag. V14 ;

Daughter of Ares, 17 years old. Being chased by monsters at age ten, Osana learnt the truth about her biological father whom was a Greek God—Ares, God of War. Her mother was able to see through the mist. Joining the Camp Half-Blood, she learn combat fighting skills and surviving ones; although she, sadly, learnt as well that most ( if not all ) Ares kid were rebels without a cause and liked to cause arson just because. In that aspect, Osana usually stays at Athena’s cabin and feels she should be a daughter of hers due having more ‘noble’ aspects of combat and civil conduct when it comes to battle. Habilities she possesses as daughter of Ares: - Physically Enhanced. beyond stronger than average, fast and agile due to having the physical structure, upper body strength. - Telumkinesis. expert in all weapon usage and she may even have some degree of magical control over them. Osana does not have a weapon of preference. - Weapon Conjuration. She is able to transform any object around her into any weapon and/or tool through sheer concentration. - Weapon Curses. She is able to place curses on her opponents weapons. - Odikinesis. She has limited control and influence over the emotions of war (such as hate and rage). She would unknowingly use this ability to induce violent fights with others. - Powerful Scream (limited). Able to generate a powerful scream capable of causing her opponents extreme pain and discomfort. - Pyrokinesis (limited). Able to generate heat and fire to a certain degree. However, compared to Hephaestus’ children, her powers are inferior.

Tags.

「 Najimi Osana ／ 𝘵𝘰𝘶𝘨𝘩 𝘭𝘰𝘷𝘦 ┊ xʙᴄʀɴɪɴɢ-ᴏᴜᴛ 」

「 Najimi Osana ／ INQUIRY 」

「 Najimi Osana ／ MUSINGS 」

「 Najimi Osana ／ VISAGE 」

「 Najimi Osana ／ INTROSPECTION 」

「 Najimi Osana ／ HEADCANON 」

「 Najimi Osana ／ ROMANCE 」

「 Najimi Osana ／ MUSIC 」

「 Najimi Osana ／ CRACK 」

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derechointernacionalpublico · 6 years

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Bolivia and Chile in The Hague: Can They Quiet the Ghosts of the Pacific War, and Thrive Together in the 21st Century?

by Monica Feria-Tinta and Simon Milnes

[Monica Feria-Tinta is a barrister specialising in Public International Law, at the Bar of England and Wales and Simon Milnes is a barrister specialising in international environmental law and the business/ human rights nexus.]

The Americas’ proud heritage of settling disputes through international law entered a new chapter this week, as arguments opened in Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile), a claim by Bolivia to regain access to the sea lost in 1879. Brilliant legal minds will cross swords over the coming days, over whether Chile is obliged to sit down and negotiate with Bolivia. But, whoever prevails in Court, negotiations could prove a win-win by healing a troubled relationship.

Bolivia lost its 200-mile coast after humiliating defeat in the 1879-83 ‘War of the Pacific’ that broke out after an earthquake forced Bolivia to impose taxes on Chilean exporters of nitrate and saltpetre. Even as Bolivia’s port of Antofagasta fell, Chile’s foreign minister, Domingo Santa María, argued that “we cannot suffocate Bolivia … we must somehow provide it with its own port, a front door …”. In 1904, a Chile-Bolivia peace treaty agreed the coastal territories now belonged to Chile “in perpetuity.” Yet sentiments like Santa María’s have echoed down the years. Bolivia contends that from the totality of these assurances, Chile has given a solemn undertaking to negotiate a sovereign access to the sea.

Several features of the case are likely to fascinate international lawyers.

Non-treaty commitments

First, while most international cases centre on treaties or customary rules, here Bolivia cites mostly political declarations, diplomatic notes and resolutions. Are such statements mere ‘soft law’ lacking binding effect? Or do they create some enforceable obligation? At the heart of this question is the problem of how to decide what the sources of international law are (beyond the most orthodox categories in the ICJ Statute). The ICJ’s own case law establishes that an agreement involving states may be binding even if it is not a treaty (Anglo-Iranian Oil Case), and that unilateral declarations of a State can create binding obligations (Nuclear Tests (Australia v. France), also considered in the UK/Ireland OSPAR arbitration (2003)). But the ICJ also cautioned that declarations that do so “may be, and often are very specific”, and that a “restrictive interpretation” is called for (Nuclear Tests, Australia v. France).

Good faith, conduct and result

Second, is Bolivia’s claim pushing the envelope by linking negotiations to a specific result? Or is it only an ‘obligation of conduct’ (i.e. to discuss, without prejudging the outcome)?

Good faith is overarching and ever-present in international law, with a long legal pedigree. The Venezuelan Preferential Claims Case (1904) affirmed that good faith “ought to govern international relations“. Indeed, the Tacna-Arica arbitration (1925), also arising from the War of the Pacific, was one of the earliest decisions on the legal duty to negotiate in good faith. In the Right of Passage over Indian Territory Case (1960), Judge ad hoc Fernandes called it “the most general and the most essential of the general principles of law”, while in the celebrated WTO case US-Shrimp, the Appellate Body described it as “at once a general principle of law and a general principle of international law”. Yet, as Bin Cheng put it in his 1953 classic, General Principles of Law, “[w]hat exactly this principle implies is perhaps difficult to define”. It usually does its work through other legal rules, not as a freestanding source of obligations.

International law has not shrunk back from finding states to be under obligations to negotiate “in good faith”. As regards the conduct element – manner, modalities, and attitude – it is already clear that no ‘box-ticking’ exercise would suffice. In North Sea Continental Shelf (Germany v. Denmark), the ICJ held that international law on the delimitation of continental shelf boundaries required the two states to negotiate sincerely and to make real efforts to equitably accommodate one another’s interests (“to enter into negotiations with a view to arriving at an agreement . . . [and] so to conduct themselves that the negotiations are meaningful, which will not be the case when either of them insists upon its own position without contemplating any modification of it . . .”). Thus, if the ICJ finds that Chile bound itself to negotiate, this will likely include a duty to make negotiations “meaningful”, including contemplating modifications to its position and identifying what concessions from Bolivia could be an acceptable price for access to the ocean.

As regards the result element, this is perhaps the most complex and difficult aspect. In the PCIJ advisory opinion on Railway Traffic between Lithuania and Poland, the two states had concurred in accepting a recommendation to “enter into direct negotiations as soon as possible” so as to establish “the good understanding between nations upon which peace depends” – theoretically a ‘result’ obligation, but perhaps so broadly worded that it is dubious whether it could be enforceable. (Such doubts nonetheless call to mind the observations of Judge Lauterpacht in his Separate Opinion in South-West Africa Voting Procedure: “however rudimentary, elastic, and imperfect” the content of a binding resolution may be, it does not lose its nature as a legal obligation. Discussing this Opinion, O’Connor wrote that Lauterpacht emphasized “the legal nature” of the obligation to act in good faith, even where “it was difficult to draw the dividing line between a legal obligation and a non-legal obligation.”)

Contrastingly, in the ICJ’s 1996 Nuclear Weapons Advisory Opinion, the Court held that all parties to the Non-Proliferation Treaty had bound themselves absolutely to achieve “a precise result” – complete denuclearization – with good faith negotiations as the means.

Bolivia’s contentions fall somewhere in between the two. Unlike “good understanding” (Railway Traffic), the concept of “a fully sovereign access to the Pacific Ocean” has some irreducible substantive content; on the other hand, unlike the single “precise result” required in Nuclear Weapons, there are many possible permutations for how it could be achieved, and what Bolivia could offer in return.

In the Fisheries Jurisdiction Cases (UK v Iceland), the Court held that negotiating in good faith required the parties to “reasonable regard to the legal rights of the other”. But to what extent could good faith require regard for considerations beyond “hard law”, such as justice and equity?

Whilst some consider equity an extra-legal notion, others regard it a general principle of international law. Indeed in the Tunesia/Lybia Continental Shelf Case, the ICJ made it clear that equity is a general principle “directly applicable as law” [1982] ICJ. Rep p. 60.

Context – the obligation to use pacific means to settle international disputes

Third, the dispute throws into relief the ways that general principles – like the obligation to use ‘pacific means’ to settle disputes, ‘good neighborliness’ (reflected in Article 74 of the UN Charter), and equity or justice – may shape concrete legal duties. Equity plays a role, though limited, in deciding existing borders (Frontier Dispute, Burkina Faso/Mali), but questions of negotiating to move frontier lines are uncharted territory.

While the legal questions are difficult, Bolivia’s confinement appears (in layman’s terms) so unfair that a negotiated change would seem to offer better prospects all round. Objective data shows that landlocked countries suffer impediments to development. In today’s global economy, a coastline with a port means the chance to develop a whole ‘ecosystem’ of production and service industries which support one another, increasing GNP: freight-forwarding, chartering, ship repairs, marine fuels, insurance, etc, not to mention fisheries and the ‘Blue Economy’ [openknowledge.worldbank.org].

What does Chile have to gain, if it were to negotiate Bolivia’s access to the sea? More cordial relations, clearly – but probably much more: strong demand for Bolivia’s natural gas, and a prolonged drought in Chile, with water supply to the Santiago region expected to fall by 40% over the next half-century, could increase the value of Bolivia’s potential gas and water exports to Chile.

Recent examples justify optimism. Last week, Timor-Leste and Australia put years of acrimony behind them with a new maritime boundary treaty. In Latin America, the Pulp Mills dispute (Argentina/Uruguay) is an encouraging precedent: within 6 months of the ICJ’s 2010 judgment they had negotiated new environmental protection arrangements for the River Uruguay. Across the world, Singapore and Malaysia experienced frictions over a railway track owned by Malaysia that bisected its island neighbour; in 2010 they negotiated to swap the railway land for stakes in prestigious real estate. Today, the tracks that generated so much discord are a much-loved nature trail.

In short, governments who get around a table with a will to find solutions can surprise themselves. Vision and pragmatism on both sides could transform Bolivia’s economic future, see Chile recompensed, and demonstrate the strength of the Americas’ distinctive tradition of peace and law in international affairs.

[via Opinio Juris]

https://www.dipublico.org/109159/bolivia-and-chile-in-the-hague-can-they-quiet-the-ghosts-of-the-pacific-war-and-thrive-together-in-the-21st-century/

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