《21世纪议程》:行动与展望

1992年,联合国环境与发展大会通过了《关于环境与发展的里约热内卢宣言》、《21世纪议程》和《关于森林问题的原则声明》3项重要文件。之后,国际社会为推动"里约精神"的落实做出了积极努力:联合国可持续发展委员会每年举行会议,审议《21世纪议程》的执行情况;许多国家制定了国家和地方层面的《21世纪议程》或可持续发展战略;相关国际组织以可持续发展能力建设为主的活动也十分活跃。人类把发展与环境相协调作为行动准则,各国依据国情制定了促进环境与发展相协调的优先事项,使人类在实现可持续发展的进程中取得了积极进展:全球经济实现了大幅增长,发展中国家在全球经济格局中的地位不断上升;在消除贫困等社会发展方面取得显著效果,全球开始进入城市化时代;全球能源资源供应呈现多元化,资源节约集约利用成效显著。中国在经济发展滞后、贫困现象较严重背景下,承担了全球实施《21世纪议程》的旗舰角色;并依据本国的具体国情,选择性地学习与借鉴,摸索创造出具有自身特色的发展模式和道路,增加了世界可持续发展方式选择的多样性。20年来,尽管各个国家在可持续发展方面采取了积极行动,但是"里约精神"尚未全面转化为行动,在相关国际承诺与公约的履行方面还需付出巨大努力,仍然面临着重大挑战。如:以气候变化为代表的重大全球性环境问题对人类生存构成的直接威胁加大;生态超载背景下的发展空间争夺更趋激烈;全球性民生问题凸显,可持续发展面临的社会风险加大,等等。我们期待:通过"里约+20"大会,使得相关国际制度安排不断形成和完善,可持续发展进一步向全球行动转化;科技创新步伐加快,进一步推动全球向绿色发展转型;加快全球治理体系调整,新兴发展中国家成为全球可持续发展的重要推动力;全球共同努力解决重大资源环境问题,可持续发展领域的国际关系呈现竞争性合作。     

环境公益诉讼的理论基础探究

环境不可能成为权利的对象,环境权论和公共信托理论都无法为环境公益诉讼提供理论支撑.多人利益意义上的环境公益诉讼以公民财产权、人身权等为根据,无须再虚构其他的理论根据.私人检察总长理论、私人实施法律理论是国家论、权力论,这种理论和我国法律中的公民检举权都以"积极公民"的存在为前提."积极公民"存在于个体与利益共同体关系中.国家、民族、自然环境决定的特定区域中的人的集合等都构成一个共同体.共同体成员对共同体的责任是公民担当"私人总检察长"、公益起诉人的理由.集体利益环境诉讼的理论基础是作为环境共同体成员的公民对共同的环境利益的责任.多人利益环境诉讼实际上是私益诉讼,只有集体公益的环境诉讼才是需要我们努力建设的环境公益诉讼.     

海洋环境公益诉讼的制度定位及体系完善

《海洋环境保护法》第89条第2款规定了海洋环境监管部门代表国家排他性提起损害赔偿的诉讼制度,为海洋环境公益提供了特殊的诉讼保护方式。因该项制度设计的粗疏以及关联政策、立法回应不足,造成对该条款规定的理论解释困惑和制度适用障碍,导致提起海洋环境公益诉讼的主体类型受限、海洋环境公益保护诉讼程序衔接不畅、海洋环境监管部门"两种角色"手段配合不当的突出问题,直接限制了环境公益诉讼制度在海洋环境保护领域的功能发挥。破解这一问题的关键在于阐明海洋环境公益保护背后的诉讼法律关系和应用法理,完善海洋环境公益保护诉讼制度体系,实现海洋环境保护的诉权利益调整和诉讼秩序优化。重点是打破现有研究的思维定式,避免将《海洋环境保护法》第89条第2款规定的诉讼类型推演为海洋环境公益诉讼并作为讨论前提,明确该条款规定为带有维护海洋环境公益特点的"准环境公益诉讼",将其与"私益诉讼""国益诉讼""环境公益诉讼"进行合理界分,为海洋环境公益诉讼的发展提供制度空间,理顺各类型诉讼和保护机制之间的关系。在此之下,完善海洋环境监管部门"两种角色"作用发挥的制度设计,保障环境行政手段与诉讼保护手段之间的衔接配合,理顺海洋环境公益保护各类型诉讼提起的顺位与程序,促进各类诉讼手段各归其位,形成与行政保护机制的合力,最终实现对海洋生态环境的整体性保护。     

Take Action Now: Motivational Framing and Action Requests in Climate Advocacy

This article explores similarities and differences between Internet-mediated climate change advocacy organizations and their legacy counterparts. It relies on a content analysis of advocacy emails produced by Environmental Defense Fund, Natural Resources Defense Council, Sierra Club, Greenpeace USA, League of Conservation Voters, Climate Reality Project, 1Sky, and 350.org. The study finds differences and similarities in strategic Internet use, including greater emphasis by climate groups on high threshold, offline actions; greater emphasis by legacy groups on low threshold, online actions; and high reliance by both framings that demand accountability from political elites. Implications for Internet-mediated and climate advocacy are discussed.     

On the Plaintiff’s Subject Qualification for Environmental Public Interest Litigation Instituted by People’s Procuratorates

Although it is not the main duty for the People’s Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People’s Procuratorate instituting environmental public interest litigation, the plaintiff’s subject qualification for environmental public interest litigation instituted by the People’s Procuratorate is still in question. In order to propel the People’s Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People’s Procuratorate instituting environmental public interest litigation.     

Greenwashed sports and environmental activism: Formula 1 and FIFA†

ABSTRACT

Formula 1 motor sport and the Men's World Cup of association football, two major sporting events on our calendars, are indirectly and directly responsible for environmental despoliation. They serve as advertisements for heavy industry, are designed for elite as much as mass consumption, and provide sponsors with dubious social licenses to operate. This occurs through the very mechanisms of the events themselves (engines in Formula 1, tourism in the World Cup) as well as their promotional externalities. I look at greenwashing claims made about these two sporting events and examine counter-discourses, then investigate economic and ecological citizenship. I suggest that a progressive agenda can be forwarded if Greenpeace, which runs campaigns related to these sports, works with its fellow elites, in the case of Formula 1, and with fans in the case of football. Doing so may be more effective than business-as-usual direct action.     

National Discussions,Global Repercussions: Ethics in British Newspaper Coverage of Global Climate Negotiations

There is convincing evidence that the media have been responsible for questionable coverage on climate change, which has been blamed for undermining public consensus on the issue. However, less is known about the way in which the media communicate the key values, or ethical dimension, surrounding the debate over climate change and its global effects. It is generally argued that a strong notion of cosmopolitanism rather than narrow national self-interest will be fundamental to the achievement of a comprehensive international agreement on climate change. The media provide a crucial forum for discussing such challenges. The study examines how climate ethics form part of the debate on climate change in three British national newspapers leading up to, during, and following two key United Nations conferences. Through a quantitative and qualitative content analysis of climate change coverage, this article examines how the values of cosmopolitanism and communitarianism underpin the debate on climate ethics in the respective newspapers. This article argues that the possibility of reaching a fair climate agreement partially depends upon the ability of media to inform citizens of the inherent injustices of climate change and the importance of taking bold action. It is concluded that a more cosmopolitan perspective in the media could be useful in helping sway public opinion in favor of effective climate action.     

区域龙头企业对地方政府环境规制影响研究

当政府基于公共利益对企业实施规制,政府所代表的公共利益与龙头企业的经济利益冲突时,政府的规制行为与规制效率是否会受龙头企业影响?已有的研究较少涉及这一公共管理的重要问题。本研究从环境规制视角出发,基于1999—2013年的中国31个省级层面的面板数据,结合工业企业数据库微观数据,在省级层面实证检验了当存在利益冲突和规制能力约束时,区域环境规制水平是否会受到龙头企业以规模衡量的能力影响;如是,其方向和机制又是什么。本文研究发现:(1)龙头企业规模越大,区域环境规制水平越严格;(2)龙头企业规模对区域环境规制的影响主要通过两种路径实现,一是龙头企业所在行业的区域经济地位,行业的区域经济地位越重要,越容易引来政府的环境规制关注;二是龙头企业在所在行业的经济地位,某企业在行业的比重越高,越容易引来政府的环境规制关注;(3)龙头企业规模与区域环境规制水平间关系是政府有限环境规制能力有效运用的结果,当政府规制能力不足时,政府在规制中会"抓大放小",重点加强对龙头企业的环境规制;随着政府规制能力上升,企业规模与区域环境规制水平的正相关关系不仅回归系数会逐步下降,而且会在统计上不再显著;最终,当政府掌握充分的环境规制能力后,企业的规模可能会在降低区域环境规制水平上发挥一定作用。本文的研究结果证实当政府与企业存在利益博弈时,政府的利益首先得到满足,仅当政府的利益得到满足后,企业才可能利用其实力影响政府规制以获取规制利益最大化。本文的研究一方面消除了"政商勾结"污染环境的忧虑,另一方面也提示要严格限制政府这只"看得见的手"的利益诉求范围。     

绿色旅游产业发展模式与运行机制

通过介绍国外绿色旅游产业发展的指导方针及非政府组织的行为．结合苏格兰酿酒工业旅游与北京蟹岛生态农业旅游中发展绿色旅游的经验总结．分别提炼出绿色工业旅游的运作模式和绿色农业旅游的发展模式。在此基础上．提出要通过构建由观念、牡会经济体制与科学技术三个层次形成的保障体系．来保证绿色旅游经济的正常运转。最后．从绿色旅游产业地域与行业选择、绿色保障制度体系建立、赢利机制构造和绿色旅游消费者培育等四个方面提出了我国绿色旅游产业发展的行动纲领。     

Assessing the human health impacts of exposure to disinfection by-products — A critical review of concepts and methods

Understanding the public health implications of chemical contamination of drinking water is important for societies and their decision-makers. The possible population health impacts associated with exposure to disinfection by-products (DBPs) are of particular interest due to their potential carcinogenicity and their widespread occurrence as a result of treatments employed to control waterborne infectious disease.We searched the literature for studies that have attempted quantitatively to assess population health impacts and health risks associated with exposure to DBPs in drinking water. We summarised and evaluated these assessments in terms of their objectives, methods, treatment of uncertainties, and interpretation and communication of results.In total we identified 40 studies matching our search criteria. The vast majority of studies presented estimates of generic cancer and non-cancer risks based on toxicological data and methods that were designed with regulatory, health-protective purposes in mind, and therefore presented imprecise and biased estimates of health impacts. Many studies insufficiently addressed the numerous challenges to DBP risk assessment, failing to evaluate the evidence for a causal relationship, not appropriately addressing the complex nature of DBP occurrence as a mixture of chemicals, not adequately characterising exposure in space and time, not defining specific health outcomes, not accounting for characteristics of target populations, and not balancing potential risks of DBPs against the health benefits related with drinking water disinfection. Uncertainties were often poorly explained or insufficiently accounted for, and important limitations of data and methods frequently not discussed. Grave conceptual and methodological limitations in study design, as well as erroneous use of available dose–response data, seriously impede the extent to which many of these assessments contribute to understanding the public health implications of exposure to DBPs. In some cases, assessment results may cause unwarranted alarm among the public and potentially lead to poor decisions being made in sourcing, treatment, and provision of drinking water. We recommend that the assessment of public health impacts of DBPs should be viewed as a means of answering real world policy questions relating to drinking water quality, including microbial contaminants; that they should be conducted using the most appropriate and up-to-date data and methods, and that associated uncertainties and limitations should be accounted for using quantitative methods where appropriate.     

Sustaining the Gains Made in Ecological Restoration: Case Study Collingwood Harbour, Ontario

As part of the commitments made by the governments of Canada and the United States in the Great Lakes Water Quality Agreement, Remedial Action Plans (RAPs) are being developed and implemented at Great Lakes Areas of Concern. The Areas of Concern are specific places around the Great Lakes basin ecosystem where environmental quality is degraded to the point that certain beneficial uses (the ability of fish, wildlife and humans to thrive) are impaired. According to the United States and Canada Great Lakes Water Quality Agreement of 1987, the federal governments, in cooperation with state and provincial governments, are to ensure the public is consulted throughout the development and implementation of the RAPs. While not explicit in the Agreement, it is logical to posit that given the effort and investment in environmental improvements, community capacity to sustain the recovery of beneficial uses beyond the life of the RAP should be a product of the RAP. This report examines a case study to test the hypothesis that public ownership of the RAP process can result in the development of community capacity to sustain environmental recovery. The question is, were the principles of the RAP, 10 years after delisting, taken into account to ensure sustainability of growth along the waterfront and within the Town? To arrive at the answer it is important to explore the approach used in the Collingwood Harbour RAP process, and concepts and principles of sustainable cities and towns. This paper provides evidence that such principles are being applied in Collingwood and were nurtured during the development and implementation of the RAP.     

Indoor air pollution and public policy

In recent years, scientist have come to realize that contaminated air inside buildings is a major route of human exposure to certain air pollutants. While scientific interest in the problem continues to grow, efforts to measure indoor pollution concentrations, define exposure levels, and estimate health risks remain in their infancy. Within this arena, policymakers must deal with the question of how best to protect public health and safety in the face of incomplete and often contradictory information. In the past, official response to environmental pollution has traditionally taken the form of “control by regulation.” However, creation of a regulatory framework for indoor air quality poses special policy issues that suggest the need to explore alternative modes of intervention. Ambient outdoor air is a public good, in the sense that enjoyment by one individual in no way detracts from use or enjoyment by others. Indoor air, on the other hand, is not a public good, especially in private residences. Costs and benefits of maintaining adequate indoor air quality are internalized within households, suggesting the possibility of a private demand for clean indoor air. Promulgation of indoor air quality standards and other regulations must confront the fact that individuals are already making decisions about their own air quality. Regulations might or might not improve these decisions. Development of effective and reasonable policy requires an appreciation of the scope for private action and consideration of the likelihood that public intervention will foster improved private choices. Among the logical and relatively inexpensive modes of intervention are public information programs, development of simple warning devices, and product testing and labeling.     

Using GRADE to respond to health questions with different levels of urgency

Increasing interest exists in applying the Grading of Recommendations Assessment, Development and Evaluation (GRADE) approach to environmental health evidence. While ideally applied to evidence synthesized in systematic reviews and corresponding summary tables, such as evidence profiles, GRADE's correct application requires that “the evidence that was assessed and the methods that were used to identify and appraise that evidence should be clearly described.” In this article, we suggest that GRADE could be applied to evidence assembled from narrative reviews, modelled (indirect) evidence, or evidence assembled as part of a rapid response, if the underlying judgments about the certainty in this evidence are based on the relevant GRADE domains and provided transparently. Health questions that require assessing the certainty in a body of evidence to provide trustworthy answers may range from hours, to days or weeks, to a few months to scenarios that allow assessing evidence without short-term time pressures. Time frames of emergent, urgent or rapid evidence assessments will often require relying on existing summaries or rapidly compiling the available evidence and making assessments. Even without available full systematic reviews, expressing the certainty in the evidence can provide useful guidance for users of the evidence and those who evaluate certainty in effects. The ratings also help clarifying disagreement between organizations tackling similar questions about the evidence. Using the structured GRADE domains, narrative or other summaries of the evidence can be presented transparently.     

Monitoring, enforcement, and the choice of environmental policy instruments

How to choose among the dozen policy instruments available to environmental management agencies has been a matter of concern and debate among environmental economists for the entire life of the profession – nearly four decades. The ability, or lack of it, to measure the quantities or observe the actions made "enforceable" by particular policy instruments ought clearly to be central to this choice. However, all too often the monitoring problem has been assumed away. When it is reintroduced in realistic forms, we find, not surprisingly, that some favorite policy instruments, such as pollution charges, are not applicable to some important problems, such as runoff pollution from farms; that marginal subsidies, by changing the burden of proof, may no longer be symmetric with charges; and that the apparent freedom from monitoring requirements of the newly fashionable instrument involving the public provision of information about firms or products is "paid for" by our inability to say anything about its performance on other dimensions that are also of interest. Electronic Publication     

中国低碳城市发展模式与行动策略

建设低碳城市是促进节能减排和经济社会持续发展的重要战略举措,成为未来城市发展的重要导向和路径选择.从低碳城市发展重要性和紧迫性入手,在立足基本国情的基础上设计了低碳城市发展愿景.结合城市化快速推进预期和经济社会发展需求,分阶段提出了低碳城市发展目标.从总体模式、指导理念、基本思路、主要领域等对我国低碳城市发展模式进行了构想.在此基础上,提出我国低碳城市发展的实施步骤和行动策略.研究认为,我国低碳城市发展模式应选择“C”模式,以低碳发展为主导方向,以节能减排为发展方式,以低碳生产和低碳生活为主要方法.按照控源、减碳、增汇的基本思路,依靠理念创新、技术创新和制度创新,在低碳产业、低碳能源、低碳技术以及低碳生活等领域,通过构建低碳城市规划理论框架、建立低碳城市评价标准和体系、加快相关政策规章与制度建设、开展城市碳交易试点以及加强监督指导等措施,立足国情、统筹兼顾,分步骤、分阶段有序推进低碳城市发展.     

Changes of public environmental awareness in response to the Taihu blue-green algae bloom incident in China

Environmental problems are becoming increasingly severe in China with industrial discharges and household sewages being the main sources of water pollution in the country. For example, in the case of Taihu Lake, more than half of the total phosphorus in the lake comes from household sewage. While industrial pollution can be treated through technology innovation and controlled by environmental regulations and laws, decreasing household sewage relies entirely on residents. Raising public environmental awareness therefore is essential for ensuring effective environmental improvement and protection. A quantitative assessment of public awareness can inform policy and decision makers; however, not many such studies have been conducted. Changes in the awareness levels in response to a major environmental pollution incident are of particular interest because of the people’s first-hand experience of the triggered consequences. The present paper establishes a system of indicators for the assessment of public environmental awareness. Combined with a fuzzy matter-element analysis method, a model is set-up to quantitatively assess the public environmental awareness. The model is then applied to assess the environmental awareness of the residents of Wuxi City after its major lake Taihu suffered a severe algae bloom in 2007. This study examines whether this serious environmental incident affected people’s environmental awareness and to what degree. The findings show that the matter-element model is capable to resolve well the fuzziness of the ranking affiliation and classification of subjective perceptions, such as public environmental awareness. They show that this environmental incident has had significant positive impacts on the environmental awareness of Wuxi residents. The paper concludes with recommendations related to raising public environmental awareness.     

FORUM Communicative Action in Response to a Nuclear Crisis: Representations of Fukushima across Communication Contexts

The 2011 disaster at Japan's Fukushima-Daiichi nuclear power plant poses important questions for environmental communication scholarship and practice. This forum examines questions that were emerging one month into the Fukushima crisis, when a panel examined its implications as part of North Carolina State University's second annual research symposium on Communication, Rhetoric, and Digital Media (details available at http://crdm.chass.ncsu.edu/symposium2011/). Expanding those initial analyses, we identify implications across the contexts of environmental communication, expert-public engagement, public discourses of nuclear energy, uses of new media, risk and crisis communication, and organizational and institutional communication. The first essay (Kinsella) addresses some implications of Fukushima from the perspectives of constitutive communication theory, risk analysis, and risk communication. The second essay (Ionescu) examines an effort to foster dialog between technical experts and a concerned public audience, made by a nuclear energy institute in Germany. The third essay (Binder) explores uses of Twitter by people in the USA as a tool for following the rapidly evolving events at Fukushima. The final essay (Kittle Autry and Kelly) analyzes public discourse surrounding a proposed merger of two US energy companies with substantial nuclear operations, before and after the onset of the Fukushima disaster.     

Interpretation of fish biomarker data for identification,classification, risk assessment and testing of endocrine disrupting chemicals

Chemical induced changes in fish biomarkers vitellogenin (VTG), secondary sex characteristics (SSC), and sex ratio indicate modes/mechanisms of action (MOAs) of EAS (estrogen, androgen and steroidogenesis) pathways. These biomarkers could be used for defining MOAs and the causal link between MOAs and adverse effects in fish for the identification of endocrine disrupting chemicals (EDCs). This paper compiled data sets of 150 chemicals for VTG, 57 chemicals for SSC and 38 chemicals for sex ratio in fathead minnow, medaka and zebrafish. It showed 1) changes in fish biomarkers can indicate the MOAs as anticipated; 2) in addition to EAS pathways, chemicals with non-EAS pathways induced changes in fish biomarkers; 3) responses of fish biomarkers did not always follow the anticipated patterns of EAS pathways. These responses may result from the interaction of chemical-induced multiple MOAs and confounding factors like fish diet, infection, culture conditions, general toxicity and stress response. The complex response of fish biomarkers to a chemical of interest requires EDC testing at multiple biological levels. Interpretation of fish biomarker data should be combined with relevant information at different biological levels, which is critical for defining chemical specific MOAs. The utility of fish biomarker data for identification, classification, PBT assessment, risk assessment, and testing of EDCs in the regulatory context was discussed. This paper emphasizes the importance of fish biomarker data in the regulatory context, a weight of evidence approach for the interpretation of fish biomarker data and the need for defining levels of evidence for the identification of EDCs.     

基于集体行动逻辑的京津冀雾霾合作治理演化博弈分析

当前京津冀地区在雾霾问题上面临环境外部性困扰和集体行动困境,其根源在于地方政府作为雾霾合作治理集体成员的收益是不对称的,而割裂集体行动中收益与损失之间的联系是一种纠正环境外部性市场失灵的政府失灵。奥尔森集体行动的逻辑在京津冀三地政府执行雾霾合作治理规制行为上表现为私人理性与集体理性的动态重复博弈。针对京津冀地区大气污染联防联控执行状况,基于集体行动的逻辑视角,借助演化经济学研究工具,构建京津冀三地政府在雾霾合作治理执行策略的猎鹿模型、拓展模型的演化、随机和动态的博弈过程,探究地方政府执行雾霾合作治理集体行动的行为特征及其影响因素。根据复制动态方程探讨博弈主体行为演化特征和演化稳定策略,采用数值仿真方法分析不同情形下系统演化轨迹及演化均衡状态,考察随机因素对系统演化均衡状态的影响以及实现区域环境合作联盟的动态演化均衡机制。研究发现,京津冀三地政府在雾霾合作治理执行过程中的动态演化,很大程度上取决于本地区在区域整体中的环境偏好系数和搭便车收益与集体行动收益的比值。因此,中央政府要健全跨区域环境治理的制度建设,为京津冀地区建立一致的区域环境质量标准,有效降低地方政府在合作治理雾霾集体行动中的搭便车收益,以立法的形式对约束地方政府承担环境治理责任的强制和选择性激励措施加以确定。此外,将雾霾造成的经济损失作为重要指标纳入地方官员政绩考核体系,加强对地方政府雾霾治理执行情况的监管力度,实现合作治理雾霾集体行动责任落实的帕累托改进。     

Management of catchments for the protection of water resources: drawing on the New York City watershed experience

Primary purposes for catchment management are to establish a cost-effective allocation and use of its water resources and to most effectively apply measures to protect the quantity and quality of the water produced by the catchment. For the latter purpose, diffuse sources of contamination are the greatest difficulty. Diffuse (or non-point source) water pollution poses challenges for public policy and requires innovative management approaches. Solutions ultimately require behavioural change and a broad societal response, and must be flexible and adaptive to stochastic catchment conditions and to long-term trends. Internationally, new models of governance for difficult land and water resource management problems are developing. This paper reviews the characteristics of ‘wicked’ environmental management problems and the specific policy challenges posed by diffuse water pollution. A framework for action is derived and compared to the activities and outcomes of water protection in the New York City watershed. Successes to date in this case indicate that because land management and diffuse sources of pollution have a local basis, protection of water at source necessitates the fostering of local instruments for an adaptive and twin-track strategy of applied research and stakeholder deliberation, supported by multi-level partnerships and an enabling regulatory environment. Although long running, evidence from this case alone is insufficient to establish whether potential trade-offs between water protection and the economic vitality of catchment communities can be fully resolved.