#it was the uterous fault

[xinteor]

sorry not sorry >3<

[ju1cyfru1t]

ROTTMNT x Reader

s/o on their period hcs

Rise! Leo, Raph, Donnie, Mikey x Reader

fluff :D, afab reader, romantic, mentions of blood, MENSTRUATION 🤞, swearing, Leo being stupid 🤌

Leo

- He didn’t know what menstruation was until you told him

- “Wait, wait, wait. Slow down a sec. You’re telling me you BLEED out of your...you know, for a whole week every single month? …and you don’t, like, die?”

- I’m not going to lie to you, he’s a little disgusted. Not by you, but more so the whole bleeding and shedding your uterine lining thing.

- Lowkey hates your period more than you do

- glares at your uterus /hj

- “Uuuuggghhhhh, why does it have to get in the way of everything?” “Hey, don’t blame me! Blame god for that.” “Gods a bit of a dick, if you ask me.”

- If you believe he isn’t going to make period jokes, you are SORELY mistaken

- OF COURSE he’ll come over and cuddle if you ask. He’ll use any excuse he can to see you.

- “I mean, if you really need me that bad-“ “shut the hell up, Leo.” “ok sorry.”

- most likely to piss you off (bc he’s stupid)

- massages your lower stomach and is surprisingly good at it

- watches your fav movies and shows w/ you

- tries to make you laugh so you’ll feel better if you’re not in a good mood or cramping

- agrees with everything you say when you’re ranting about something or someone (he’s scared not to)

- he doesn’t know what the hell a pad is let alone a tampon or menstrual cup

- bust out the water bottle and tampon to show him how it works and he’s gagging

- “oh my god…it gets bigger like that??? In your…oh god-“

- he’s on edge the whole time with your mood swings

- “Must be nice to be a MAN.” “How is that my fault?”

- “it’s OUR period, babe. Uter-US.”

Raph

- terrified

- he can hear you bleeding

- “what’s a uterus?” JK JK JK (maybe)

- he also didn’t know what a period is, and still doesn’t really, fully understand after you explain but still supportive nonetheless

- “you shed your uterine what now?”

- “Right, right…and you bleed out of where?…OH-“

- he just really doesn’t get how you deal with it all

- he knows you’re in pain, bleeding, and uncomfortable. that’s all he needs to know to not like it at all.

- he is SPRINTING 🏃‍♀️ to get you whatever you need (frantically)

- pain killers? chocolate? hot tea? a heating pad? a pad/tampon? to be held? don’t even worry, Raph’s getting it for you.

- he would reach into a pit of burning hot coal and crush them into diamonds if you asked him to

- if you have them, your mood swings are making him nervous

- “Raphael, stop staring at me like that.” “sorry.”

- will be your shoulder to cry on and just listen if you need to rant (even if you’re being unreasonable)

- offers to let you hold his teddy bears for support

- you want him to come over? he’s knocking on your window not even 5 minutes later. you want to go over? of course! you want to be alone? no problem, just let him know if you need him.

- he really just can’t stand to see you in pain or sad. (or angry)

- “I know it hurts…it’s ok, Raph’s got you.”

- asks April for advice

Donnie

- Obviously he at least knows what a period is, just not all the gory details. Who do you take him for? Leo?

- He does his research when he starts dating you so he can be prepared

- He’s really trying not to think about the fact that you bleed 24/7 for a week every month of every year. All that blood- he just can’t do it. It’s not by any means a comfortable subject for him.

- Being comforting is not his strong suit, but he tries his best (sort of)

- keeps some extra pads and tampons in his lab for you (and April) if disaster ever struck

- also has a stash of pain killers (big forehead = big headaches JK I LOVE HIM I SWEAR)

- tracks your cycle. and dreads the couple of days leading up to and of your period.

- ^ “By the way, ugh…you’re gonna start menstruating tomorrow.”

- Yes, he refers to it only as menstruation.

- “Don’t be like that, Y/N.” “Be like WHAT?” “Wait, no..that’s not what- I didn’t mean- please don’t cry-“

- he is stressing

- ^ “Y/N, I can’t know what you want unless you tell me!”

- makes hot tea for you

- claims he could come up with and invent something to “take away all your pain” but tbh I wouldn’t trust that if I were you

- pats and rubs your back for support w/ cramps

- “Donnie, it hurts so baaaaad.” “Shhh, I know it does. Just relax.”

- massages your lower stomach pt.2 not as surprisingly, he is good at it but he’s just skilled with his hands in general (NOT IN A FREAKY WAY YOU FREAKS)

- He will 100% come over and lay with you in your bed if that’s what you ask for

- Sigh. Will let you cuddle in his bed if you swear on your mother you’re not going to leak on him or his bed

- Asks April for advice (poor April)

Mikey

- BEST BF EVER <333

- Has heard of menstruation (mostly misinformation), but he’s never had to worry about it until you started dating

- will let you explain exactly what it is and why it happens

- “Wait- a whole week?! You don’t just bleed it all out at once?” my sweet, sweet boy

- very sympathetic and open about it. He can’t deny it’s a little icky, but it’s your body’s natural function and it’s not like you can help it at all so he’s very understanding

- recognizes your PMS very well. whether you get really irritable, energetic, emotional, etc.

- after the first couple cycles he sees you go through, he starts to be able to read your needs to some extent

- cooks and bakes for you 👩‍🍳 really anything you’re craving as long as it’s within reason

- holds you anywhere and any way you want him to

- it’s like he can feel your pain

- “Shhhhh, it’s ok. I understand.” “..no, you don’t.” “you’re right.”

- gets you pain killers if you need some

- pretty good at handling your mood swings

- If you’re a crier on your monthly (like me) he wipes away your tears :(

- “Let it out, Y/N. You’re ok, I’m right here.”

- makes care packages for you with your favorite things (snacks, drinks, feminine products, stuffed animals, heating pads, etc.)

- if he comes to your house, he’ll offer to run a warm bath for you and wait for you to be done

- not necessarily scared, but definitely a little more careful with his choice of words towards you

- actually the sweetest I love him sm

- watching movies and shows if you don’t feel like getting up. or even just laying with you if you don’t feel like do anything but sleeping

- he’s very proud of himself for taking care of you

- “you’re the best, Mikey, thank you.” “Yeah, I know.”

[k-dokja]

Hey, I was wondering if you could write Owen and Vinny when you did. Be reader in a period of the month. No problem if you don't want sorry if it's bad language in England (I really love you and your blog) 💜

...I'm writing this on the assumption this meant reader having period.

"I know you're on your period so it's uter—"

Owen didn't even get the chance to finish his word before a fluffy pillow flew at his head at an alarming speed. He only managed to step aside and let the projectile sail past his head before he came to face your glare.

"Shut up," you groaned, "you're making my migraine worse."

He frowned, unable to connect the dot, "What does your aching stomach have to do with your brain?"

"I have no idea," you grumbled sourly before snuggling back further under the cover, "maybe the migraine is your fault."

Owen only pouted at your hurled accusation, "Such hurtful words to your boyfriend after I went out of my way to get you all of your favourite treats." He feigned pain by clutching his chest, the drama of it all escaped your notice effortlessly.

Immediately, that captured your interest, "You got me Honey Butter Chips?"

He couldn't help but feel a little proud of his ability to reel you back in that easily. After all, who else knew you as he did? No one, that was. "Of course, I got it in four flavours, even." Owen raised the bag of snacks he previously hid behind his back as a means to surprise you.

The way your eyes light up was almost good enough that he passed up the chance to get his reward. Almost.

As you reached out to grab the bag from him, Owen's lip curled into a grin before he showed his cheek to you. "I want to receive my thanks first~"

"You're too opportunistic, you know that?" You deadpanned but willingly complied with his demand anyway. Although, as soon as you did that, Owen turned over and met your lips with his instead. He grinned instantly and left you scarcely a moment to protest indignantly.

Soon as you recovered from the shock, he dropped the bag into your lap and hopped back, narrowly avoiding you swatting at him. When that failed, you grabbed another pillow, his pillow, to swat at him.

"Owen!"

With a parting wink, Owen began his retreat out of the room, his grin evident on his lips, "Oh, I think the water for your cocoa is ready~ I better go check it!"

"Owen! Come back here!"

Ah, the things he did for love.

"...Please spare me."

You stared at him, unflinching even while facing his depth of despair. Instead of mercy, you chose to deal the most grievous blow with complete seriousness. "I thought you love me."

And that was how Vinny was standing in the middle of the convenience store, hovering nervously at the feminine hygiene product aisle. Even while he hopped around, trying to figure out which was the one you wanted, Vinny felt a vague illness washed over him.

Deep down, he knew he was being overdramatic for no reason. Any good man would have toughened up and braved this without flinching. Yet, he couldn't help the uneasiness with dwelled at the pit of his stomach.

"Can I help you with something?"

Vinny jumped at the sudden presence by his side. It took him a moment to recollect himself and realize it was none other than one of the retail workers in the store. He breathed out a sigh of relief, but the mortification hadn't stopped.

"No—" He snapped reflexively before it dawned upon him that yes, he needed help. "Actually... do you know which brand this is?"

As he showed his phone screen to the worker, a creeping blush crawled up his neck at the embarrassment of it all. God forbids anyone he knew recognized him, he'd dig a hole and die down there.

"Ah, yes," the worker nodded mutely, "it'd be this one."

As soon as he received the packaging from them, Vinny all but bolted out of the aisle, but not without a muttering thank in his departure. Thankfully, the cashier was sensitive enough to put his purchase in a black plastic bag. Even then, he had half the mind to shove it under his shirt to hide the thing altogether.

But instead of acting upon his ridiculous impulse, he only fastened up his step and returned home as fast as possible. The door slammed behind him with a resounding crack the moment he stepped into his room.

His grand entrance immediately got you turned up to look at him, your phone playing the drama you've been into recently. Somehow, the leisureliness of your current position annoyed him a little. He went all that length only for you to sit around, doing nothing.

Maybe he was whipped. Ugh. "I almost died out there," Vinny grumbled before stalking towards the deeper in the room and tossing you the purchase. With your slow reaction, the bag flopped helplessly on your arms then bounced down to the floor.

"I asked you to go buy pads, not sending you to the front line." You frowned in confusion, already getting up for a change.

"Still."

[3d-wifey]

Hiiii, hope you’ve been doing well!! If requests are open, can I have hcs of Rock Lee, Mirio and Tanaka (haikyuu) with a pregnant s/o or as a expectant dads?? My baby fever came back and UGH I’m in love with these idiots sm 😩💕 (Also it’s hella obvious that I have a type™️ for loud idiots bskabskwnsj)

• He'd be the absolute best papa (that's what his kids call him 🥺)

• Mirio absolutely loves kids, so he'd be over the moon when you tell him you're pregnant

• Just like, grinning and calling everyone he knows to tell them you're pregnant

• The type of expecting father who would want to go to all those birthing, pregnancy, and parenting classes

• Would probably go through sympathy pregnancy, which is when the dad takes on some of the symptoms the mom has (i.e. bloating, nausea, cravings) but would take it like a champ

• He would want to get one of those Empathy Bellies so he can "know what you're going through" (he handles the fake contractions like a champ)

• You'll probably be getting one of those fake babies too so you can "be prepared"

• He'd study Eri and take notes in preparation

• Mirio: "So...what does your kind like to do? 👱🏻"

• Eri, who just wanted to go to the park: "🧍🏼‍♀️"

• He's a stickler regarding your diet which is hypocritical since he eats a singular (1) fruit every year

• "I know you want a soda, Sunshine, but think about the baby. The baby 🥺."

• We already know Tamaki's gonna be the godfather

• Your manservant

• He gets you whatever you need before you even knew you wanted it

• Talks to your stomach all the time. You'll end up setting up a time in the day for him to talk and of course, that's when the baby is most active

• He can't decide what he wants, so he makes a list of boy and girl names

• In the end, you end up having twins and you blame him for it

• Paints the nursery and puts together the furniture by himself (with Sir Nighteye giving him advice on the phone the entire time)

• His voice is all calm and level-headed when you go into labor, but his body has never been tenser. He has never been more excited and terrified in his entire life

• Mirio: "Deep breaths, Sunshine. We got this in the bag. 😁"

• Also Mirio:

• He is nowhere near passing out in the delivery room, he actually records the entire thing and he shows it to everyone. It's mostly your screams of pain and him trying to get you to do your breathing exercises

• Tears up when you tell him you're pregnant and makes a valiant effort not to start sobbing, but ends up crying the second he touches your stomach (sensitive boy 🥺)

• Guy-Sensei gives you an infant sized green jumpsuit with tears in his eyes (you burn it immediately)

• Another manservant

• You don't have to lift a finger for anything

• He'd wipe your ass for you if only you would let him 😔

• You feel cooped up in the house? He'll carry you outside on his back! No need to hurt your fragile ankles

• In fact, he'll make walking around the village with you on his back a part of his work out

• Sakura makes you the food pill equivalent of prenatal vitamins and Lee takes them with you so you don't feel alone (spoiler alert: they taste like ass because Sakura can't cook for shit)

• Lee asks Neji to be the Godfather and he plans the whole thing like he's asking for his hand in marriage (of course Neji acts like it's the last thing he wants to do but he still says yes because he's secretly honored Lee would trust him with this type of thing)

• He doesn't care what gender the baby is, he's just happy to have a new member joining the Lee clan

• However, he's very dead set on the name Metal for some reason

• He has drills set up where you practice what to do when your water breaks and he forces you to do them often and at random times

• Naturally, Lee ends up being on a mission when your water actually does break

• By the time he gets back you're already hours into your labor

• He almost passes out when he sees the baby's head coming out but he keeps it together (he makes sure not to look at it again tho)

• He'd freeze up when you tell him you're pregnant

• Like he'd be the stillest you've ever seen him, but not in a bad way, he just needs a second to process the situation

• And once it all sinks in, you'll see the biggest smile grace his face before he picks you up and spins you around

• He's the type of future dad that says you're both expecting ("We're pregnant. It's uterus, babe.")

• He'd, in all honesty, probably growl at anyone who tries to touch your stomach, even before you start showing. Like I'm being deadass.

• But nobody is more protective of you than his sister

• He's a personal trainer so he'd probably make you a regimen that'll take some of the growing strain off your body and make the pregnancy easier on you in the long run

• I say once again: Personal. Man. Servant. Whatever you need, he'll get it

• Whatever you don't need, he'll get it

• Knows you should probably eat healthily, but he can't deny you when your like that; waddling around with his baby in your stomach, teary-eyed because of the pain. And how could he say no when you look at him like it's his fault?

• He'd talk to your stomach and be convinced that the baby can hear him. Like, to the point that he'll put his hands on either side of your stomach before he curses like he's covering their ears

• You're having a volleyball themed baby shower and there ain't shit you can do about it because he's throwing it 😌

• Claims that he knows the gender of the baby even before it's revealed and he ends up being completely wrong

• Tanaka: "I know my baby girl is gonna be a looker, just like her daddy 😌."

• Baby: is a boy

• Tanaka: "😕"

• He and Noya both had to beg you to let Noya be the godfather

• He's terrified when your water breaks. He'd be running around like a chicken with its head cut off. It gets to the point that you have to calm him down

• Tanaka: "It's happening! I can't breathe, I can't fucking breathe! I'm freAKING THE FUCK OUT, BABE!"

• You, with a literal baby coming out of your vagina: "Please calm down, Ryuu. 🧍‍♀️"

• Actually passes out in the delivery room when he sees the baby coming out

[the-dyslexic-writer]

Defective

Why do I go to school?

Why get a job?

So I can join the drones pulling themselves from the tight embrace of their sheets to drag their tired feet to a nine to five?

I don't want to be torn from my sheets because they are the only thing warming my frozen body

Since I took an ice dagger to the heart

I'm falling and it is so hard to fight against gravity

So why should I even bother?

I can't help but point out the meaninglessness of it all

And you fucking stand there and criticize me for the way I was born

I’m sorry but that one’s on you

You chose to have another kid and yet here you are looking at me like I was no more than a uteral parasite

Maybe I am parasite

But its your fault so don't get all confused when I turned out fucked up

You chose me so tough fucking shit

It’s not like you’ll understand anyway

You’re parents loved you

Even your dillusional bipolar mother loved you

But here you are trying to fix me

I’m not fucking broken

My cement skin on my feather-light lungs makes it hard to breath sometimes

My skin shows the fissures I carry as battle scars

Sometimes my bones clank and my knees give out

But I’m not broken

Broken implies I can be fixed

You know it in your mind and heart that I can’t be fixed

I’m not broken, I’m defective

So stop trying to fix a piece that is missing

Stop trying to close the ever growing cracks on my skin

Stop trying to glue my thoughts back together after they have shattered

When something is defective, you just through it away

You need to give up

I’m not worth trying to salvage

Maybe they can use my parts as spares for kids who really deserve to live

Becasue my drivers license says “organ donor” and I can make that happen

I know it hard to think about

But every time I get behind the wheel I wonder which hill will let the car flip the most

I make a game out of sick thoughts

Coaxing my delusional side back off the ledge so that I can live one more miserable day

Because I lied

That day when you first found out and the psyc ward nurse asked if I had ever contemplated suicude

I look straight into his eyes and lied

Because I didn’t want to be the kid who got committed

I lied because the man who gave me half my chromosomes doesn’t need more things to think about at night

Because so far in life all I have been is a burden on those I love

And a pest to those I hate

I’m so done

I know you are too

I wish I could end it all

Take the easy way out

But would that be more pathetic, Mom?

I got in a fight with my mother because she keeps trying to "fix" my depression

[heartboudoir]

The nurse motions for both of them to sit back down, and she pulls up a chair herself, the vibe not as positive as Bakugou was hoping it’d be.

Hera is still in surgery. She’s had severe uteral hemorrhaging due to part of the placenta not delivering properly. She puts up a hand as soon as Shoto opens his mouth, it was completely spontaneous - there was absolutely nothing either of you did to cause it.

Bakugou leans over and clarified even further, it wasn’t your fault, man. His hand steady on Shoto’s shoulder. So, how’s she doing?? How much longer will it be?

The nurse gives the two of them a sorrowful look. I’m here because we need consent from Hera’s power of attorney.. which would be you, sir.. she nods towards Shoto. To save Hera’s life, and stop the bleeding, she needs a hysterectomy - complete removal of her uterus.

Shoto looks confused, all of this going over his head because he just wants you to be okay. Seeing this, the nurse clarifies, it means she won’t ever have children again, sir… but she will live. And the two of you will likely have a long, happy life with your twins.

-❄️🔥

It’s impossible to miss the pure devastation on shotos face as the information sets in, his whole body looking like it’s about to give up. “I…” he starts, fresh tears joining his old ones and staring to bakugo, desperate for some advice “w-what do I do…?”

“You can’t raise the twins alone without their mom man… she’ll forgive you in time for this, its this or she’s gone. Completely gone” shoto sniffs and nods, trying to take some deep breaths before turning back to the nurse who’s been waiting patiently. Breaking the news never gets easier.

“Do it. Please, save my world…” he sniffs, bottom lip starting to wobble as he thinks about it in more detail, totally overwhelmed and hiding his face in his hands. “She’s going to h-hate me…”

“No she won’t man, she can’t, ha saved her life” bakugo huffs and rubs his back comfortingly “id do the same for my wife. Any time.”

[ellanainthetardis]

Sorry for the delay, ff wasn’t working yesterday so I had to wait until they fixed it to post. I hope you enjoy this chapter! We have a guest star today! Let me know!

[ff] or [ao3]

52. 5 Months & 11 Weeks

“Haymitch!” Effie snapped as she crammed April’s rag doll in the diaper bag. She looked around the living-room to spot anything useful she might have forgotten. There was no answer from upstairs and her irritation increased. “Haymitch, we are going to be late!”

She rubbed her now slightly round stomach over her loose woolen sweatshirt. She always wore loose clothes nowadays because she was starting to show. The children were puzzled by that because she had always favored curve-hugging outfits but she had passed it off by claiming it was fashionable. Eileen was less fooled by her excuses and deflections, she believed, but her friend was good enough not to bring up the obvious symptoms.

She grabbed a plastic toy as an afterthought and tossed it in the bag, running a hand in her disheveled hair. The living-room was a mess and she felt the urge to give it a good scrubbing but she pushed it down. There was no time for this. They were in a hurry.

Snowball must have sensed her temper wasn’t at its best because he was hiding behind the armchair, almost out of sight, and was munching on his purple monkey while tracking her every move.

“Haymitch!” she shouted, not bothering to keep the irritation out of her voice.

“Yeah, I’m here. Hold your horses.” he grumbled, finally coming back downstairs with April bundled in a weather-appropriate outfit and her darling red coat. He was also waving a few diapers in his free hand. “Here.”

She snatched them from him and forced them into the diaper bag, so annoyed tears were burning her eyes. She blamed the hormones and the last few nights of not enough sleep.

“We already had to push it back once.” she muttered under her breath. “And now we will be late.”

“We’re still in time.” he sighed in a pacifying tone that did nothing for her ill mood. She didn’t like being patronized. “And it ain’t my fault, sweetheart, don’t go blaming it on me.”

She pursed her lips. He was right, of course. It wasn’t his fault. They had been forced to reschedule the ultrasound appointment because April’s teeth were starting to come out and the girl was in so much pain it had given her a light fever. Their attention had been on the baby and there had been no time to go trudging around the District – barely enough to catch a blink of sleep here and there. April had cried all night for four days straight, leaving them ragged and herself exhausted. It had been hell.

And now, when she was supposed to babysit for them so they could go to the clinic – not that she knew that, to be fair – Katniss had just cancelled on them because there had been sighting of a wild boar coming a little too close to the habitation area and the mayor needed her help to track it before it hurt someone or, more likely, because she was still somehow at odds with Haymitch. Peeta was swamped at the bakery and Eileen had her arms full with the coffee shop and her own daughters.

“I wanted this to be just us.” she sulked. She wasn’t thrilled about going to the clinic to begin with. She didn’t like bringing April there if she didn’t have to. And she had really wanted the first ultrasound to be something between Haymitch and her, without the baby to distract them.

“I know.” he offered, rubbing her shoulder. “Come on. Open the door, I’m gonna get the pram.”

The pram her mother had bought was difficult to get out of the house and for good reasons: it was the size of a small yacht. She relieved him from their daughter so he could have free hands to get the pram out and went to open the door…

… only to find her father on the other side of it, hand raised as if about to knock and luggage at his feet.

His eyebrows shot up in surprise. “Is this inconvenient?”

“Father!” she exclaimed in astonishment. “What are you doing here?”

Haymitch quitted trying to maneuver the pram to join her, automatically placing a hand on her hip before utering a greeting. “Tadius.”

“I hope you will forgive me for not calling first.” her father winced. “I was in Ten and I thought I would come and see how things are progressing here. It was all last minute. I was hoping you would not mind hosting me for a night. The study will do just fine.”

Effie was torn between pleasure at the unexpected visit and annoyance at not having been warned. Her house so wasn’t in any state to receive anyone – never mind someone from her family. It would go back to her mother who would insist on sending her a housekeeper…

“Come in.” Haymitch said when she remained mute. “It’s cold outside.” It wasn’t that cold, she wanted to protest. It was only October and it would get colder before long. “You can stay, of course, but we’ve got to go right now.”

“Oh.” Tadius frowned, a bit uncertain. “I would not want to impose. I could stay at the inn and…”

“Do not be ridiculous, Father, you are welcomed.” she cut in.

He searched her eyes for a moment before giving her a tentative smile and finally reaching for the baby in her arms. He stroke April’s cheek, his face softening. “She is so big now. She grew up a lot since the last time I saw her.”

“How about you two get some catch up time?” Haymitch suddenly suggested. “We could use a babysitter.” He plucked April from her arms before she could protest. “How about that, sweetheart? You want some grandpa time? Yeah? Awesome.”

Before either Effie or Tadius could protest, April was in her grandfather’s arms and Haymitch was giving him a short but to the point summary of what to do, not to do and how to calm her down if she started crying.

“I am not sure…” Effie panicked, right at the same time as her father protested with a “I cannot be left alone with a baby.”

Haymitch wrinkled his nose. “Look. She’s been fed, she shouldn’t need changing for a while yet and the house’s been baby-proofed. Just put her on the playing mat and make sure she doesn’t swallow anything she’s not supposed to. And she crawls away faster than you think if you don’t pay attention so keep your eyes on her all the time. We’ll be back in an hour or so.”

“Haymitch.” Effie insisted, not at all reassured by the terror on Tadius’ face. Clearly it hadn’t been the welcome the man had hoped for.

“It’s gonna be fine.” Haymitch promised, dropping a kiss on April’s head before snatching the pink coat from the rack and wrapping it around Effie’s shoulders. “Come on, Princess. Now we’re gonna be late.”

She wanted to protest some more, to grab her daughter and hold her close, but before she could tell what had happened, she was out the door and Haymitch was steering her down the street to the Village’s gates. She put her coat on properly, stealing glances behind her every two seconds.

“My father has never taken care of a baby, you realize.” she hissed. “It is one thing to leave her with one of the children where she will be safe but my father…”

“I trust him.” Haymitch shrugged. “April will be fine. And it’s like fate anyway. We needed a babysitter and there he was.”

“Which, of course, brings up the question: what is he doing here?” she sighed, looping her arm around his. She wasn’t quite reassured to know her father was alone with her daughter but she supposed an hour wasn’t enough time for disaster to occur. With any luck, April would fall asleep.

“He said he was checking on the building progress, yeah?” he frowned. “You think there’s more than that?”

He had people for that and Effie was well aware of it. Certainly, Tadius had seemed very keen on traveling since the end of the war. The company was expanding to the Districts and she supposed, for someone who had never left the Capitol before, seeing Panem was an opportunity that was hard to resist. However, she highly doubted he would check on construction sites himself. He never had in the past.

Although to be fair, she had stopped helping him out with contracts deliveries and in person negotiation. She hadn’t been out of the house much since the incident with the Peacekeeper and she had stayed well away from the work crew and its foreman. The man seemed to judge her for what had happened, as if it was somehow her fault that he had lost an employee, as if she had made a fuss over nothing.

The story had gone all the way up to the hierarchical top, naturally. And her father had been incensed when he had learned what had happened. But… Effie wasn’t sure how she felt about the whole thing. She didn’t blame him naturally but she had been a bit reluctant to call home ever since.

The fact that she was hiding something and that her mother had a gift to smell secrets wasn’t exactly helping.  

“With my parents, there is always more than that.” she countered grimly.

Now Haymitch didn’t look that happy with his quick decision making. By the time they reached the Village’s gates, they had looked back so many times Effie was sure one of them would suggest going back to fetch their daughter.

“We’re being stupid.” Haymitch mumbled. “She’s fine.”

She wasn’t that confident. In her opinion, her daughter would only be fine with either of them there.

Still, she let him convince her to move along. She spent the whole trip to the clinic thinking up scenarios of what could go awry and then convincing herself she was being ridiculous. They were late in the end and, even though she apologized profusely, the nurse didn’t look entirely happy.

Effie felt mortified. She had always been a punctual person but having a baby had taught her that it was difficult to be on time with an almost six months old child.

They were ushered into the examination room and she was asked to lie down. Haymitch had barely helped her on the table when Larcher showed up, waving away all her apologies. The doctor asked about April and her teeth and he looked so genuinely interested that Effie gradually relaxed. She would never be comfortable in the clinic but Larcher was making it easier to be there.

“Any problems?” the doctor asked as he got everything ready.

Effie shook her head. “I am still a bit dizzy and nauseous at odd times of days. And I am still starving the rest of the time. It wasn’t like this with April.”

“Every pregnancy is different.” Larcher explained, smearing gel all over her stomach.

Haymitch grabbed her hand, perching himself on a nearby stool with obvious excitement. She grinned at him and he smirked right back, eyes sparkling in pure happiness. It wasn’t something she had ever thought she would see and she felt a pang for a second, because this, right then, was perfect.

Sometimes, she wished she could talk to the woman who had been cowering in a corner of a cell for months. She wished she could tell her to hold on because this was coming, because she would be happy, so happy she would think it would make her burst.

They exchanged a long stare and she knew he felt the exact same way. They didn’t need words to understand each other. She didn’t need to tell him she loved him and he didn’t need to hear it. Just like she didn’t need him to tell her. She knew.

“Here we go.” Larcher murmured for himself, placing the probe on her stomach and moving it around.

She listened to the familiar whooshing sounds with some anxiety, desperate to hear that the baby was right as rain but dreading a little that he wouldn’t be. She wanted to hope. She hoped. She didn’t let herself think about possible miscarriages or how difficult it would be to jungle two babies. She had carried April, her daughter had survived, and so would this one. She couldn’t let herself think differently.

“Sweetheart.” Haymitch breathed in just as the sound of small hooves started echoing in the room. The heartbeat was strong and steady and she laughed in relief, wiping the tears that ran down her cheeks. Haymitch’s jaw was clenched, he looked so emotional she squeezed his hand but he didn’t seem to be able to glance away from the screen. “Look.” he chided her a little.

So, she did.

Ten weeks ultrasounds were always difficult to make out but once Larcher helpfully pointed the baby out, she couldn’t tear her gaze away either.

“Hello, jellyfish.” she whispered.

“You have very aquatic nicknames.” the doctor teased, tapping on a few keys. To print pictures, probably. “Everything looks perfectly normal, Effie.”

“You’re sure?” Haymitch worried. “They’re both alright?”

“Perfectly so.” Larcher smiled, placing the probe back on its cradle and handing her some paper towel to clean the gel out. “We will have to run some tests, the same as last time. It is just routine so there is no need to be alarmed.”

“I remember.” she nodded, still smiling. As soon as she had gotten as much of the gel off as she could, she placed her hands on her stomach, simply feeling it. It wasn’t long before Haymitch’s hand joined her there. She looked up at him, beaming. “We are having a baby.”

The first ultrasound was always magical in her opinion. That was when it became… real.

“I noticed.” he smirked, his thumb rubbing soothing circle on her skin. “We’re starting to have quite the collection of them, you know.”

She laughed again, feeling a little high on happiness.

“I will print you a picture.” Larcher offered, tactfully retreating to the other room to give them some privacy.

Haymitch helped her straighten her clothes and stole a kiss once it was done. He rested his forehead against hers as he brushed his hand over her stomach again. “We’re having a baby.”

“I noticed.” she echoed, still grinning so hard it was starting to hurt.

The doctor made enough noise coming back that they moved apart but not quite enough that they weren’t still touching. Larcher gave them the picture that Haymitch immediately stashed in the inside pocket of his coat where hopefully nobody would come snooping.

“As far as term goes, I think we are looking at another April baby.” the doctor told them.

They were redefining the concept of April showers, Effie decided.

She was walking on a cloud by the time they were on their way back to the house. She almost forgot to worry about April. At least, until she spotted the Village’s gates. At that point she stopped prattling about how they should sort out April’s old clothes to see what they could reuse and what they should box to put in the attic to start asking Haymitch without pause if he thought their daughter was alright. Haymitch, who had humored her all the way back by nodding and humming at appropriate points without listening to a single word, seemed torn between prompting her to quicken the pace and making sure she didn’t overtax herself.

They had been wrong to worry.

While Tadius looked in over his head, obviously terrified of doing the wrong thing, April seemed just as happy as she had been lately – which was not a lot because her gums hurt. The first thing Effie did was scoop her daughter up from the playing mat to cuddle her close to her chest. She wanted to tell her about her little sibling but with her father there, she kept silent.

Haymitch outright laughed at Tadius’ exhausted face. “Need some coffee?”

“Coffee would not be amiss.” her father answered, a little stiff. “Thank you.”

Effie hid her smile in her daughter’s hair and took a seat on the couch, covering April’s face with kisses to make up for her short absence. Haymitch’s fingers combed her own hair, ending on her nape. The possessive but gentle squeeze made her look up in question.

“Tea for you?” he asked. “And something to eat, yeah? You’re a bit pale.”

She checked the clock on the wall and made a small face. If habits were to be trusted, morning sickness – that weren’t just in the morning – would hit in a half hour or so and she really didn’t want to throw up. “Crackers perhaps. And lemon in the tea, please.”

“Sure.” he smiled and dropped a kiss on her forehead, stroking April’s hand once before disappearing in the kitchen, followed by Snowball. The dog would want to be let out, she supposed.  

She blushed when she realized her father was staring.

“Thank you for watching April.” she offered after clearing her throat. “And, please, accept my apologies for the hectic welcome. If I had known you were coming…”

She let her voice trail off. If she had known he was coming she would have made sure the house was spotless and she would have cleared her schedule.

“No apologies needed. It was rude of me to come unannounced.” Tadius dismissed, studying her. “Is everything alright with you, Euphemia? You have not been… Well, you have not called as often. Your mother is worried you are somehow crossed with her.”

“Not at all.” she denied, fishing the stuffed elephant abandoned further down the couch to hold it in front of April to keep her occupied. Of course, as soon as her daughter spotted it, she tried to put it in her mouth. “I have been busy lately. April hasn’t been well and I had some work with… I told Mother about my professional projects.”

“Yes, she mentioned them.” her father hummed, not sounding very impressed. Elindra hadn’t been either. “I could help you with that if you so wished.”

“Thank you, no.” she replied quickly. “I do not need your money.” She would never accept money from her parents. Never. It always came with strings attached and more complications than she cared to deal with. Tadius looked hurt though so she hurried in clarifying. “It is something I want to do by myself. You do understand, don’t you?”

Her father was proud of the family company so he could certainly understand wanting to make one’s own way. At least, she hoped so.

“I wish you the best.” Tadius smiled and even though it was tense it also seemed genuine. “Effie…”

Haymitch came back with a tray and her father fell silent which he couldn’t help but notice. There was some awkwardness for a few seconds. Haymitch studied Tadius, Tadius avoided his eyes, then he looked at Effie who shrugged her ignorance… In the end, he shrugged back and lifted April up.

“Guess someone needs to be changed.” he mumbled, giving Effie a long stare. “You shout if you need anything, yeah?”

She rolled her eyes at his overprotective act. “I am not an invalid, you know.”

“You had a big day, you need to take it easy.” he countered firmly.

She pursed her lips, narrowing her eyes at him. “You are walking a very thin line telling me what I should or should not do.”

“Doctor’s orders.” he reminded her with an innocent shrug that made her roll her eyes again. He grabbed the mug he had obviously prepared for himself and disappeared upstairs. She could hear him talking to April all the way up and she smiled despite her annoyance.

“Is everything alright with you?” Tadius asked as soon as he was out of earshot. “You do seem a little pale, Effie. And what is this about a doctor? Have you been ill?”

That was a lot of questions and she made a small face, grabbing her mug and a couple of crackers, hoping that it would be enough to quell her sure to come nausea. “Not at all, do not concern yourself. Haymitch is simply… overprotective. I am fine. More than fine, really.”

She toyed with the idea of telling her father. After all… She was in the middle of the third month and everything was fine. They should start telling people…

“Are you quite certain?” Tadius frowned, taking a sip of his cup of coffee. “I doubt the medical technology is up to par in this part of the country. Perhaps you should go somewhere else to get checked if you are feeling out of sort. Perhaps not to the Capitol if you are still avert to the thought but I heard Four has excellent hospitals.”

She forced a smile. “I am fine. Truly.”

Her father studied her for a moment and then looked down at the cup of coffee in his hands. “Does it have to do with… the incident? I read a lot about your condition, Effie. All experts agree that such an event could trigger a setback and…”

“What condition is this exactly?” she cut him off, a little cold.

She knew what he was talking about naturally – or avoided talking about rather. The Peacekeeper he had unknowingly sent to Twelve to build himself another portion to his empire.

It was unfair to think like that, she knew, but…

“Post traumatic stress disorder.” Tadius said plainly. “It is completely natural for you to experience…”

“I know what it is natural for me to experience.” she interrupted again before he could launch himself into a recitation of various symptoms. Her father had always been a researcher. He could spend hours reading about something. She took a deep calming breath because Tadius looked uneasy and she didn’t think his aim was to cause her pain. He was just worried. “Father, I am… touched you are taking such an interest in me and what happened to me but…”

“Of course I take an interest.” he scoffed. “You are my daughter, Effie. And what was done to you was wrong. The fact that the Districts are refusing to acknowledge that Capitols were tortured too is…”

“But.” she insisted, clenching her teeth at the torture word. “I do not like being forced to talk about it or think about it just to satisfy your curiosity. You took it upon yourself to ask Haymitch about it… Unless I directly address the subject, I would thank you not to mention it. I would rather you didn’t but ask Haymitch if you must.”

She gulped down a few mouthfuls of tea, placing her free hand over her stomach as if to better protect her jellyfish from such conversations. She was glad April wasn’t in the room anymore. She didn’t want that sort of things discussed in front of her babies.

She felt a bit light-headed but that could have been the topic just as much as her pregnancy and she allowed herself to be proud that she had managed to talk about it without working herself into a panic.

“My apologies.” Tadius sighed sadly. “It is just… I do not want you to think for one second I knowingly sent that man here. The Peacekeepers were pardoned, as you know, and it is within their rights not to mention their past job on their resume. We have put more screening processes in place now.” He shook his head. “I like to believe we… mended our relationship. Your recent distance… Your Mother and I are concerned you are angry with us because…”

“I am not.” she denied. “Honestly, Father, I am not. There simply has been a lot going on and…” She rubbed small circles on her stomach, coming to a decision. Perhaps it was the wrong one but… She was so happy about it anyway. When she thought back to earlier, to the strong sound of the baby’s heartbeat… She could have burst with joy. “I will tell you what is going on but you have to swear to me you won’t tell Mother yet. Or anyone. I would like to wait a couple of weeks more before it becomes public knowledge.”

Tadius frowned in concern, clutching his cup of coffee hard between his fingers. “You are not ill, are you? You just said…”

“I am expecting.” she smiled.

She watched as a myriad of emotions washed over her father’s face and she was glad she had chosen to tell him right there and then just for this. Telling her parents on the phone wouldn’t have been the same at all. Perhaps she needed to invest in one of those phones with a screen that Elindra assured her were the latest rage and that would allow them to see April more often. Haymitch was reluctant but he might be convinced. And it would be worth it just to see that sort of things.

“Congratulations.” he offered at last, soberly but with enough suppressed emotions in his voice that she decided he was genuine. “That is marvelous news.” His face softened. “I am glad it is not something direr, we have been so worried, Euphemia… Your mother…”

“You cannot tell her yet.” she insisted. “We haven’t told anyone and I want to do it myself this time. Properly.”

Not because the newspapers had gotten a hint of the gossip but on her terms. With the drama between the children occupying the press, they had that luxury.

“My lips are sealed.” he promised, placing his cup of coffee back on the table to stand up. She stood up too, not quite knowing why or what was going on, and remained frozen in surprise for a moment when she was treated to a rare hug. The war had brought its lot of surprises but the deep changes in her parents’ behavior were the more astonishing to her. “I am happy for you, my dear. I am happy to see you so happy and I am happy you found a good man.” It was more than she had ever expected and she was grinning hard when he drew back from the hug. “Of course, now we can pretend what I brought you is a congratulation gift rather than a forgive me for my company’s shortcomings present.”

Her face lit up. “You brought me a present?”

She felt like a little girl suddenly. Her father had always bowed to Elindra’s wishes and had often granted his daughters’ requests but it had been rare for him to go and buy them something they hadn’t asked for first. Spontaneous gifts were special and they were the best.

“Of sort.” he smiled smugly with the apparent certainty that she would be delighted. “Actually, it is what decided me to visit you. I went to an auction while I was in Ten and… Well, it is easier to show you.”

She sat back down while he went to the hallway to rummage in his luggage. She nibbled on a few crackers, wondering how long Haymitch would hide upstairs and if he would be mad that she had told her father without him there.

Any thought of that flew out of her head when her father came back in the living-room with a violin case.

“You bought me a violin?” she asked, her mouth suddenly parched.

She finished her tea in a long mouthful, pretending she didn’t notice how shaky the mug was in her hand. She didn’t know how she felt about that. It was a thoughtful gift certainly but violins weren’t something she had contemplated in a long time. Her grandfather had taught her when she was still a little girl and she had kept up the practice after his death up to the Quell. After that… Well, her apartment had been ransacked so many times… She hadn’t been surprised to be unable to find her grandfather’s violin in the mess. It was expensive, probably the most expensive thing he had owned. A luxury for a man of his means. A precious one to be treasured and taken care of. Thinking about it was enough to make a lump appear in her throat. There were very few things she had truly been attached to: the violin, a music box full of mementos, some pieces of jewelries… The loss of them… She had always regretted having lost them to the war.

“Not just a violin, dear.” he protested, lying it out on the couch next to her. “The case is new but the instrument… I recognized it as soon as I saw it.”

She gasped when she saw it. So familiar… “Impossible.”

“And yet…” Tadius chuckled gently. “It had been sold quite a few times since the war, not always to its true value. Why, I had it for half its price. It hasn’t always been well cared for but I had it tuned. Cords are new and it has been polished… The bow is new too. I am afraid the original was lost.”

She laid a tentative hand on the gleaming wood, feeling her eyes well up with tears she didn’t try to blink away. There were so many memories attached to that violin… So many hours spent with her grandfather… So many carefree afternoons… So many lonely nights after she had become an escort and the music had seemed like a worthy escape for a while…

The violin hadn’t indeed been well-cared for. She cradled it on her lap, ran her fingers along the deep scratches…

“They could not erase them.” her father winced. “I am sorry. I would buy you another but I know how much this one means to you. When I saw it… Well, truth be told, I am not one to believe in such nonsense but it felt like destiny.”

“No.” she whispered, her sight getting blurry. A few tears fell on the wood and she hastily wiped her cheek. “It is perfect. So perfect… Thank you.”

And then she was sobbing. Openly grossly sobbing. She clutched the violin to her chest and gasped for air, not even looking up when she heard Haymitch’s hurrying down the stairs or her father’s panicked clumsy attempts at comforting her. She was vaguely aware Tadius was explaining the situation to a bemused Haymitch and ended up with his arms full of his granddaughter for his trouble. April was wailing too, that much she knew, but she still couldn’t stop crying.

“You need to calm down, sweetheart.” Haymitch chided her firmly, wrapping his arms around her until she relaxed against him. He pressed a kiss against her temple and another against her forehead. “It’s no good for the baby to get that upset.” He looked up hastily at her father, clearly realizing his blunder. “I mean… The shrimp.”

“I told him.” she stuttered between two sobs.

“Oh.” he frowned. “Good then. Alright. Still need to calm down, Princess.”

“I can’t help it.” she gasped. “Hormones.”

She distinctly heard him roll his eyes.

It took a few minutes before she finally managed to stop crying. Time enough for her father to offer congratulations and for Haymitch to accept them. Time enough also for April to calm down and start munching on her cat rag doll.

She laid her violin back on her lap when Haymitch let her go to fetch her a glass of water. She stroke the wood lovingly under her father’s watchful eyes. She took a few sips of water and muttered an apology, a bit embarrassed by her behavior. Being so emotional wasn’t something about being pregnant she had missed.

Haymitch shrugged it off and handed the cold plastic ring he had fetched from the freezer to April. The baby was much happier with that in her mouth. It soothed the pain in her gums. It was left to Tadius to pick it up every time she tossed it on the couch. One of her favorite games. She liked to do that with all her toys, Effie suspected that had a lot to do with Snowball always carrying them back to her.

“Well, let’s hear it then.” Haymitch demanded, dropping in the corner of the L shaped couch, between her and her father – close enough that he could reach April if need be. “Never knew you played.”

“Oh, no!” she protested, shaking her head. “I haven’t practiced in years and…” She looked at her hands and winced. “I broke a few fingers since then. I wouldn’t remember.”

They had broken a few fingers, she meant. Perhaps they had known her hobbies included music, perhaps it had been another form of torture. Or perhaps they hadn’t known and it had just been a lucky guess for them.

“Muscle memories, sweetheart.” Haymitch insisted. “Try it out. Nobody said you have to play like Mozart.”

She placed the violin under her chin all the same, the position so familiar it hurt. The pain wasn’t all emotional though. The shoulder that had been so badly injured it had needed surgery ached and she wasn’t sure she would be able to keep playing long. The angle was too awkward for it.

The moment the bow hit the cords, she closed her eyes and let her memories guide her.

It was odd at first. Clumsy. Out of practice. It took almost two whole minutes before she managed to get something smoother out of the instrument, before she managed to make it sing like she wanted it to.

It left her exhausted and she gently placed it back in its new case, rolling her shoulder a few times, blushing under the praises she didn’t deserve. Still, watching her father make April clap was a cute sight – not one she would ever have thought she would see – and it made up for her lack of skills.

She let herself be persuaded to play again after dinner that night, because the children could be convincing – and because she was desperate to put an end to the bickering between Katniss and Haymitch.

She played something light and quick that didn’t sound as good as it was supposed to. Yet everyone was laughing and clapping and she let herself forget about imperfections.

The violin was scratched beyond repairs.

So was she.

But they could still produce music all the same. 

[loyallogic]

Transboundary Harm in International Law

In this article, Siddharth Jain discusses the concept of Transboundary Harm in International Law.

That large scale modern, agricultural, and technical activity, directed in the domain of one nation, can cause adverse impacts in the region of another nation or to territories of the worldwide commons is in no way, shape or form a novel issue in international law. Such transboundary harm has offered ascend to various speculations of State obligation, concentrating on remedial principles.

Transboundary Harm

In the midst of the overall interest for expanded environmental security, international law specialists, scholarly and practicing, have again raised the subject of transboundary harm, encouraging progressively and stricter guidelines of worldwide risk for the “insurance of the environment”. Some contend that strict liability (liability without proof of fault on the part of the actor) should be recognized as a general principle of international law, applicable to all transboundary damage cases, as already accepted by many national laws and as adopted by some international treaties. But actual practice, as witnessed in the aftermath of the Chernobyl nuclear catastrophe, has not sustained such normative claims.

The discrepancy between theory and practice raises basic questions. First of all, as the tragedy of the Chernobyl accident unfolded, international lawyers asked what kind of responsibility a State should bear under international law to prevent and remedy damage caused to other States. If the law is to impose strict liability on States, what legal mechanisms are required? Should these only be specified on an ad hoc basis, in particular contexts, by treaty? Or should customary rules be recognized as applicable on a more general basis, by analogy with the general practice of States at the domestic level in the field of civil liability?[1] Such questions are being raised vociferously as current situations hint the lack of strict rules and the presence of only “soft laws”.

“Transboundary harm” means harm caused in the territory of or in other places under the jurisdiction or control of a State other than the State of origin, whether or not the States concerned share a common border.[2] In practice, this harm can be easily understood by glancing at the much illustrious Trail Smelter case. Almost all discussions of international environmental law and liability take as their foundation the Trail Smelter arbitration, among the earliest expressions of the principle that a state has responsibility for environmental damage extending beyond its territorial limits.

The Trail Smelter arbitral tribunal stated in dicta that, under principles of international law: “No State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or person therein, when the case is of serious consequence and the injury is established by clear and convincing evidence.” This sic utere tuo concept has become the core rule of international transboundary pollution, and is often known (not entirely accurately) as the “Trail Smelter rule” or “Trail Smelter principle”.

Convention on Biological Diversity and the ILC Draft Articles on Prevention of Transboundary Harm from Hazardous Activities 2001

Coming to the legal aspect, strictly confining the scope to transboundary harm, two laws rule this field, namely, the Convention on Biological Diversity and the ILC Draft Articles on Prevention of Transboundary Harm from Hazardous Activities 2001. While the former is forceful for its binding obligation on nation states, the paramountcy of the latter cannot be ignored, owing to the fact that it has been invoked and alluded to in a number of international cases as well as conventions.

Speaking about the Convention on Biological Diversity, it goes well beyond conservation of biological diversity per se and comprehends such diverse issues as sustainable use of biological resources, access to genetic resources, the sharing of benefits derived from the use of genetic material, and access to technology, including biotechnology. Article 1 sets out as the Convention’s three main objectives: (a) the conservation of biodiversity, (b) the sustainable use of its components, and (c) the fair and equitable sharing of the benefits arising from the utilization of genetic resources, leaving the details of law and policy required to achieve these to be subsequently developed, to the extent that this is not already provided for in existing international and regional agreements and national laws.

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Article 14 of the same convention provides for the remedial measures and confirmed that environmental impact assessments are now required by general international law, particularly in respect of environmentally harmful activities which may have trans-boundary consequences, in order to meet a state’s obligation to ensure that activities within its jurisdiction and control ‘respect the environment of other States or of areas beyond national control’.

Moreover, the interpretations of the ILC, for “transboundary harm” can be regarded to encompass four major elements namely, first, the physical relationship between the activity concerned and the damage caused; second, human causation; third, a certain threshold of severity that calls for legal action; and lastly, transboundary movement of the harmful effects. In light of national limits, the term ”transboundary” stresses the component of border crossing as far as the immediate or prompt results of the act which the source State is considered culpable.

Major International Issues relating to Transboundary Harm

Coming to the issues related to the transboundary, they may be categorised into substantive and procedural issues. To start with the procedural issues, rules of international environmental law have developed within the context of two fundamental objectives pulling in opposing directions: that states have sovereign rights over their natural resources; and that states must not cause damage to the environment.[3]

The international community continuously witnesses a faceoff between outright territorial sovereignty and Limited Sovereignty. Outright territorial sovereignty, as the name suggests, is the hypothesis that a riparian state has full control over all resources existing in its region, and may use those resources without respect for the impacts on the downstream or co-riparian states. As opposed, limited territorial sovereignty is an international law analogous to the Roman law adage sic utere tuo ut alienum non laedas (utilize your property so as not to harm that of another).

Moreover, the substantive issues also ache the international body. As is unavoidable in this style of system arrangement, with expansive targets of especially wide degree, rising up out of exceedingly petulant transactions among spellbound gatherings, the Biodiversity Convention has numerous grey areas. Both its Preambular presentations and its substantive articles are communicated in wide terms, the necessities of which are often additionally debilitated by such extra qualifications. These include such phrases as ‘as appropriate’, ‘as far as possible’, ‘practicable in accordance with particular conditions and capabilities’, ‘taking into account special needs’, ‘likely to’, ‘grave and imminent’, ‘significant’, and such limited requirements as to ‘endeavour’, ‘encourage’, ‘promote’, and ‘minimize’.[4]

So far, it can be safely concluded that there are no substantive rules specific to the transboundary harm, except the ILC Draft Articles, which too have no binding force, thereby making it a part of those “soft law” conventions that are hardly referred back once signed. However, if we scratch to the surface of the ILC Articles, it seems an ideal law framework for transboundary framework, which not only defines the harm within a decent scope but also provides decent remedial measures after such harm has occurred. Moreover, invocation of state responsibility has also been provided in the same draft, making it exhaustive enough to cover all foreseeable situations.

Simply Put – Should strict global risk be forced on States for transboundary harm as a general guideline of international law?

In conclusion, we should maybe return to the exceptionally essential issue which started this examination: should strict global risk be forced on States for transboundary harm as a general guideline of international law? There is no basic ”yes” or ”no” response to this inquiry. Following three decades of legitimate advancement since the 1972 Stockholm Conference, the international group is presently like never before aware of its delicate living conditions, and more prepared to embrace stricter standards of direct for the insurance of its constrained common assets and environment. This motivating advancement likewise shows that transboundary harm is a pragmatic and relevant issue, requiring solid standards and standards, both procedural and substantive.

[1] Xue Hanqin, Transboundary Damage in International Law (Cambridge University Press, 2003, p 2).

[2] Draft articles on  Prevention of Transboundary Harm from Hazardous Activities 2001, art. 2(c).

[3] Philippe Sands, Jacqueline Peel and Adriana Fabra,Principles of International Environmental Law (4th Edn.,Cambridge University Press 2017) p 191.

[4] Among others, see the American Law Institute, Restatement of the Law Third: The Foreign Relations Law of the United States (St. Paul, American Law Institute Publishers, 1987), vol. 2, § 601, and comment (c), pp. 103—105.

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[juudgeblog]

Transboundary Harm in International Law

In this article, Siddharth Jain discusses the concept of Transboundary Harm in International Law.

That large scale modern, agricultural, and technical activity, directed in the domain of one nation, can cause adverse impacts in the region of another nation or to territories of the worldwide commons is in no way, shape or form a novel issue in international law. Such transboundary harm has offered ascend to various speculations of State obligation, concentrating on remedial principles.

Transboundary Harm

In the midst of the overall interest for expanded environmental security, international law specialists, scholarly and practicing, have again raised the subject of transboundary harm, encouraging progressively and stricter guidelines of worldwide risk for the “insurance of the environment”. Some contend that strict liability (liability without proof of fault on the part of the actor) should be recognized as a general principle of international law, applicable to all transboundary damage cases, as already accepted by many national laws and as adopted by some international treaties. But actual practice, as witnessed in the aftermath of the Chernobyl nuclear catastrophe, has not sustained such normative claims.

The discrepancy between theory and practice raises basic questions. First of all, as the tragedy of the Chernobyl accident unfolded, international lawyers asked what kind of responsibility a State should bear under international law to prevent and remedy damage caused to other States. If the law is to impose strict liability on States, what legal mechanisms are required? Should these only be specified on an ad hoc basis, in particular contexts, by treaty? Or should customary rules be recognized as applicable on a more general basis, by analogy with the general practice of States at the domestic level in the field of civil liability?[1] Such questions are being raised vociferously as current situations hint the lack of strict rules and the presence of only “soft laws”.

“Transboundary harm” means harm caused in the territory of or in other places under the jurisdiction or control of a State other than the State of origin, whether or not the States concerned share a common border.[2] In practice, this harm can be easily understood by glancing at the much illustrious Trail Smelter case. Almost all discussions of international environmental law and liability take as their foundation the Trail Smelter arbitration, among the earliest expressions of the principle that a state has responsibility for environmental damage extending beyond its territorial limits.

The Trail Smelter arbitral tribunal stated in dicta that, under principles of international law: “No State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or person therein, when the case is of serious consequence and the injury is established by clear and convincing evidence.” This sic utere tuo concept has become the core rule of international transboundary pollution, and is often known (not entirely accurately) as the “Trail Smelter rule” or “Trail Smelter principle”.

Convention on Biological Diversity and the ILC Draft Articles on Prevention of Transboundary Harm from Hazardous Activities 2001

Coming to the legal aspect, strictly confining the scope to transboundary harm, two laws rule this field, namely, the Convention on Biological Diversity and the ILC Draft Articles on Prevention of Transboundary Harm from Hazardous Activities 2001. While the former is forceful for its binding obligation on nation states, the paramountcy of the latter cannot be ignored, owing to the fact that it has been invoked and alluded to in a number of international cases as well as conventions.

Speaking about the Convention on Biological Diversity, it goes well beyond conservation of biological diversity per se and comprehends such diverse issues as sustainable use of biological resources, access to genetic resources, the sharing of benefits derived from the use of genetic material, and access to technology, including biotechnology. Article 1 sets out as the Convention’s three main objectives: (a) the conservation of biodiversity, (b) the sustainable use of its components, and (c) the fair and equitable sharing of the benefits arising from the utilization of genetic resources, leaving the details of law and policy required to achieve these to be subsequently developed, to the extent that this is not already provided for in existing international and regional agreements and national laws.

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Article 14 of the same convention provides for the remedial measures and confirmed that environmental impact assessments are now required by general international law, particularly in respect of environmentally harmful activities which may have trans-boundary consequences, in order to meet a state’s obligation to ensure that activities within its jurisdiction and control ‘respect the environment of other States or of areas beyond national control’.

Moreover, the interpretations of the ILC, for “transboundary harm” can be regarded to encompass four major elements namely, first, the physical relationship between the activity concerned and the damage caused; second, human causation; third, a certain threshold of severity that calls for legal action; and lastly, transboundary movement of the harmful effects. In light of national limits, the term ”transboundary” stresses the component of border crossing as far as the immediate or prompt results of the act which the source State is considered culpable.

Major International Issues relating to Transboundary Harm

Coming to the issues related to the transboundary, they may be categorised into substantive and procedural issues. To start with the procedural issues, rules of international environmental law have developed within the context of two fundamental objectives pulling in opposing directions: that states have sovereign rights over their natural resources; and that states must not cause damage to the environment.[3]

The international community continuously witnesses a faceoff between outright territorial sovereignty and Limited Sovereignty. Outright territorial sovereignty, as the name suggests, is the hypothesis that a riparian state has full control over all resources existing in its region, and may use those resources without respect for the impacts on the downstream or co-riparian states. As opposed, limited territorial sovereignty is an international law analogous to the Roman law adage sic utere tuo ut alienum non laedas (utilize your property so as not to harm that of another).

Moreover, the substantive issues also ache the international body. As is unavoidable in this style of system arrangement, with expansive targets of especially wide degree, rising up out of exceedingly petulant transactions among spellbound gatherings, the Biodiversity Convention has numerous grey areas. Both its Preambular presentations and its substantive articles are communicated in wide terms, the necessities of which are often additionally debilitated by such extra qualifications. These include such phrases as ‘as appropriate’, ‘as far as possible’, ‘practicable in accordance with particular conditions and capabilities’, ‘taking into account special needs’, ‘likely to’, ‘grave and imminent’, ‘significant’, and such limited requirements as to ‘endeavour’, ‘encourage’, ‘promote’, and ‘minimize’.[4]

So far, it can be safely concluded that there are no substantive rules specific to the transboundary harm, except the ILC Draft Articles, which too have no binding force, thereby making it a part of those “soft law” conventions that are hardly referred back once signed. However, if we scratch to the surface of the ILC Articles, it seems an ideal law framework for transboundary framework, which not only defines the harm within a decent scope but also provides decent remedial measures after such harm has occurred. Moreover, invocation of state responsibility has also been provided in the same draft, making it exhaustive enough to cover all foreseeable situations.

Simply Put – Should strict global risk be forced on States for transboundary harm as a general guideline of international law?

In conclusion, we should maybe return to the exceptionally essential issue which started this examination: should strict global risk be forced on States for transboundary harm as a general guideline of international law? There is no basic ”yes” or ”no” response to this inquiry. Following three decades of legitimate advancement since the 1972 Stockholm Conference, the international group is presently like never before aware of its delicate living conditions, and more prepared to embrace stricter standards of direct for the insurance of its constrained common assets and environment. This motivating advancement likewise shows that transboundary harm is a pragmatic and relevant issue, requiring solid standards and standards, both procedural and substantive.

[1] Xue Hanqin, Transboundary Damage in International Law (Cambridge University Press, 2003, p 2).

[2] Draft articles on  Prevention of Transboundary Harm from Hazardous Activities 2001, art. 2(c).

[3] Philippe Sands, Jacqueline Peel and Adriana Fabra,Principles of International Environmental Law (4th Edn.,Cambridge University Press 2017) p 191.

[4] Among others, see the American Law Institute, Restatement of the Law Third: The Foreign Relations Law of the United States (St. Paul, American Law Institute Publishers, 1987), vol. 2, § 601, and comment (c), pp. 103—105.

The post Transboundary Harm in International Law appeared first on iPleaders.

Transboundary Harm in International Law syndicated from https://namechangersmumbai.wordpress.com/

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Haven't you always dreamt of pushing the limits of fun and gaming experience and have in your game account tons of resources like Coins and Zombucks? The Zombie Castaways hack tool lets you do all of that. We made our Generator-based, very easy to use and user-friendly and 100% safe because we ed an epic features, but we will talk about that later.If you still have doubts we wrote down some guidelines that can help you for sure. It took some time to code this Generator for Zombie Castaways but totally worth it. We done it for you guys, that's why we offer this tool for free. We know how hard is to spend hours and try to farm Coins and Zombucks.

It not just makes your game easier but gives you the next level of gaming fun. Use the cheats for Zombie Castaways and you are sure to be the great winner. The app powers you to generate resources and enjoy the paid stuff for free. Gaming hacks and cheats have always been in the gaming industry. This innovation lets you unlock the true potential of the game. Who doesn't want to own tons of resources in a game for free.

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Easily access free Coins and Zombucks and other freebies

up unlimited resources to your gaming account

No jailbreak needed

Frequent up-dates

Anti-ban script

Compatibly works with android and iOS devices

Instructions:

As I said before this hack tool is online based so you no longer need to download the tool into your device. We ed support for both platforms ( iOS and Android ) so you don't need to worry about that, it's working for every phone. The GUI is very easy to use, just put your Zombie Castaways username, select between Android and iOS platforms and enable or disable the Encryption. As I said above we will talk more about this awesome feature. This option allows you to hack the Zombie Castaways with maximum protection. The script connects to a proxy server, so your data is encrypted and 100% safe, that's why we recommend to turn it ON.

Now the fun part, after your account is connected you can chose how many resources you want. Press the "Generate" button and let the script to do the hard work for you. Wait 5 minutes and you can sign in into your account and enjoy the free Coins and Zombucks.

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Do you love to play Zombie Castaways? You came to the right spot. Our programmers has created a hack Generator tool that was perfect to get expertise level, endless resources and other bonus features. Cheats work on all devices and mobiles, desktop comp-uters, tablets. Zombie Castaways hack and cheats doesn't need to download any software, simply use the Generator and directly receive the hack benefits.

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Haven't you always dreamt of pushing the limits of fun and gaming experience and have in your game account tons of resources like Coins and Zombucks? The Zombie Castaways hack tool lets you do all of that. We made our Generator-based, very easy to use and user-friendly and 100% safe because we ed an epic features, but we will talk about that later.If you still have doubts we wrote down some guidelines that can help you for sure. It took some time to code this Generator for Zombie Castaways but totally worth it. We done it for you guys, that's why we offer this tool for free. We know how hard is to spend hours and try to farm Coins and Zombucks.

It not just makes your game easier but gives you the next level of gaming fun. Use the cheats for Zombie Castaways and you are sure to be the great winner. The app powers you to generate resources and enjoy the paid stuff for free. Gaming hacks and cheats have always been in the gaming industry. This innovation lets you unlock the true potential of the game. Who doesn't want to own tons of resources in a game for free.

Features of Zombie Castaways Hack Tool:

Easily access free Coins and Zombucks and other freebies

up unlimited resources to your gaming account

No jailbreak needed

Frequent up-dates

Anti-ban script

Compatibly works with android and iOS devices

Instructions:

As I said before this hack tool is online based so you no longer need to download the tool into your device. We ed support for both platforms ( iOS and Android ) so you don't need to worry about that, it's working for every phone. The GUI is very easy to use, just put your Zombie Castaways username, select between Android and iOS platforms and enable or disable the Encryption. As I said above we will talk more about this awesome feature. This option allows you to hack the Zombie Castaways with maximum protection. The script connects to a proxy server, so your data is encrypted and 100% safe, that's why we recommend to turn it ON.

Now the fun part, after your account is connected you can chose how many resources you want. Press the "Generate" button and let the script to do the hard work for you. Wait 5 minutes and you can sign in into your account and enjoy the free Coins and Zombucks.

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Zombie Castaways Cheats Hack Unlimited is new program created to make the game easier for you. This app allows you to unlimited amount of: Unlimited Coins, Unlimited Zombucks, Unlimited Brains

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