论海洋污染的国际法规制

海洋环境保护是国际环境保护的重要组成部分,而国际社会的合作是构建海洋环境保护国际法制的有效路径。本研究梳理了海洋环境保护立法的历史演变,分析了《联合国海洋法公约》在海洋环境保护中的意义,从陆地来源、船舶、倾倒、远洋油气和矿产资源开发造成海上污染的四个方面着重论述了海洋环境污染与国际法保护问题,最后总结了国际海洋环境保护立法中的教训。     

美日环境保护对我国的启示

通过分析美、日两国环境保护的发展历程与环境保护在完善法律、加强环境教育、积极的政府引导与专门的政府投入等方面的特点,并结合我国实际,指出我国环境保护应在科学立法、完善环境教育体系、加强国际间合作与交流等方面作出努力,以实现经济与环境和谐发展。     

生态旅游与可持续旅游环境认证研究

旅游认证与生态标识是热点话题,同时也是较新的话题。首先对世界范围内的生态旅游与可持续旅游环境认证体系的进展进行了分析,并介绍了当今世界范围内主要的生态旅游与可持续旅游环境认证体系;其次对生态旅游与可持续旅游环境认证体系普遍遵循的认证过程进行了分析,呼吁我国尽快出台相关法律、法规以构建一套适合我国国情的生态旅游与可持续旅游环境认证体系,并培育出具有国际知名度的旅游生态标识。     

New view of environmental health: Toward an environmental research policy for international strategies

We are witnessing a growing concern with the global dimension of many environmental issues, reflected in the increase in the number and significance of international environmental organizations. Yet there is no internationally applicable strategy for environmental research which is management oriented. A new type of research policy, which integrates ideas derived from environmental and human ecology, is required in order to deal with cultural and ecological diversity and their interactions as reflected in the ecology of landscapes. The newly defined concept of environmental health is proposed to fill this gap. This concept integrates the latest developments in landscape evolutionary ecology and environmental health, bringing out a conflict between making the environment conducive to human health and increasing the available options for supporting the essential biological and ecological processes of the environment. Lessons derived from the evolution of human environments are used in order to illustrate how health may become un umbrella for developing an environmental research policy, which could also serve as a catalyst for international environmental projects.     

Rethinking the management of transboundary freshwater resources: a critical examination of modern international law and practice

Available freshwater stocks are being depleted and impaired on a widespread basis, with acute shortages an increasingly frequent condition in arid climates. In transboundary basins, water scarcity and pollution compound interstate tension and contribute to human suffering and ecological damage. This article provides theoretical perspectives on shared freshwater disputes and on the evolution of the international law of shared water resources. It argues that the UN Convention on the Non-Navigational Uses of International Watercourses (ratified by some countries, but not yet in force) is inadequate as a framework convention in terms of providing general obligations on the future parties or an institutional framework for future action. The paper suggests that three critical concepts be considered in future management of shared water resources: (1) the unitary character of watersheds (where the absence of extra-basin diversions allows); (2) joint or "communitarian" watershed management; and (3) the relevance of international trade to alleviating regional food stress, resulting from local water scarcity. Finally, it proposes the establishment of an international advisory body on shared water disputes, modelled after the Intergovernmental Panel on Climate Change (IPCC), whose role is codified in the Kyoto Protocol to the United Nations Framework Convention on Climate Change.     

国际环境法对我国环境保护的启示

介绍了国际环境法的内涵、基本原则和发展过程,报告了我国环境保护法律体系立法趋于逐渐完善但滞后性明显的现状,从立法和执法的角度分析了我国现阶段环境保护法存在执行不利的问题,建议以推进国际环境法的实施和完善为契机,制定明细的配套法规,强化执法力度;加强各行政机关间的交流与合作,统筹应对复杂的环保形势;发达地区扶持不发达地区发展环保事业,推进我国环保事业的进步。     

Two decades,three WEEE systems: How far did EPR evolve in Korea's resource circulation policy?

Extended producer responsibility (EPR) has become a dominant policy paradigm for the management of waste electrical and electronic equipment (WEEE) in the last two decades. In South Korea the principle has guided the evolution of the resource circulation policy even before its official introduction through a revision of the recycling law in 2002. Elements of producer responsibilities could be found in the producer-based deposit refund system (DRS) a decade earlier and they were strengthened through the enactment of a new resource circulation law in 2008. This article reviews the policy changes in South Korea for the management of WEEE during the past 20 years. The focus of the analysis is on the impacts of EPR and the producers’ responses that were expressed through the quantity and the quality of material flows in the society. The findings are discussed in light of international experiences in order to outline measures to improve the effectiveness of the EPR-based resource circulation policy that could have broader implications beyond the case study.     

Understanding the synchronisms and anachronisms of the Columbia River Treaty in relation to the principles of international water law

Based on the theory of the politics of international law and the hermeneutic theory for international relations, this paper aims to demonstrate how the history and contextual changes within the Columbia River Basin have affected the underlying principles of the Columbia River Treaty with those of international water law.     

OWNERSHIP OF INTERNATIONAL WATERS1

When the boundaries of nations cover the same watershed, who owns the border water? The answer to that question is the premise of this paper. A discussion of international water law is given. Implementing the law is portrayed in an outline for (1) administration, (2) a procedure for data collecting, and (3) a computer system for data processing and determining ownership of water for each country. Special situations are considered, and a conclusion developed. After international law between two countries has been established, determining the ownership of boundary water is both feasible and practical. A computer method is shown whereby this is accomplished. The unique aspect of the method is the fact that cooperation and mutual esteem between individuals of both countries are necessary in order to obtain results.     

Government policy and environmental protection in the developing world: The example of Nigeria

Environmental protection is a topical and controversial issue of contemporary Third World development. As a result of the growing crisis of environment and development as well as issues of global environmental balance, divergent views and proposals have been put forward by external governments, international agencies, and environmental groups in resolving the environmental degradation problems of the developing world. However, very little appraisal has been made of the efforts by indigenous Third World governments in facing up to their environmental conservation issues. This article examines the role of past and recent government environmental control policies and programs in Nigeria. The article analyzes three aspects of environmental protection: (1) the theoretical economic bases of environmental protection and the Nigerian approach to environmental protection, including traditional values and modern institutional control measures, the latter embracing nature conservation efforts; (2) environmental considerations in national development plans; and (3) the evolution of a federal environmental protection agency and a national policy on environment. Finally, the article discusses the future challenges and directions for environmental policy.     

Significant developments in sustainable development law and governance: A proposal

This article develops a practical proposal for progress on sustainable development law. It examines the prospects for an international sustainable development law to provide a framework for more effective, coherent governance. Sustainable development law is briefly defined and an analytical framework is provided. Different degrees of integration between economic, social and environmental law are described. Certain principles of international law related to sustainable development are also highlighted. It is argued that these principles may serve to guide law‐makers and jurists where social, economic and environmental law and policy conflict or overlap. Continuing, underlying questions of sustainable development governance are addressed and its global frameworks analysed. The article also focuses on the 2002 World Summit on Sustainable Development, held in Johannesburg in August‐September 2002, and its specific mandate for the United Nations Commission on Sustainable Development (UNCSD) to take related legal developments into account. The article advances a proposal: that governments, economic, social and environmental intergovernmental organizations and other actors establish a ‘network of inquiry’ with members from relevant groups, including legal and academic organizations, and other expert groups, in order to follow, research, analyse and debate legal developments in a balanced way.     

应对气候变化法的立法探究

为了实现碳排放达峰目标和碳中和愿景,明确应对气候变化的法律地位、工作目标和法律要求,规定部门职责及温室气体排放权的法律属性与交易机制,分解工作目标并开展评价考核,彰显国家应对气候的法治决心,亟须制定综合性基础法律——应对气候变化法。该法的制定已具备充足的研究起草基础和下位法支撑,建议尽快纳入全国人大常委会立法计划,并启动《环境保护法》等相关法律的修改。本文建议,将低碳发展和碳排放达峰、碳中和等纳入立法目的,设立总则、规划与标准、气候变化减缓、气候变化适应、管理和监督、国际合作、法律责任、附则八章,合理设立规范重点。健全统一监管与部门分工负责的体制和基金筹集、市场交易、社会共治等机制,全面构建国内应对气候变化管理制度体系,部署国际协商与合作措施,设置地方政府工作目标责任,对违法行为规定罚则。     

The Establishment of Marine Protected Areas in Senegal: Untangling the Interactions Between International Institutions and National Actors

International institutions, understood as sets of rules contained in international agreements, are aimed at orienting national governments towards specific policy options. Nevertheless, they can determine a change in national policies and practices only if states are willing and capable of incorporating international obligations into their national legislations and ensuring their application and enforcement in areas that follow completely under national jurisdiction. The establishment of marine protected areas promoted by international agreements as a tool for the protection of marine resources represents an interesting case for revealing the complex interactions between international institutions and national actors. Particularly, the establishment of these areas in Senegal shows the salience of domestic constellations of actors who may support or undercut national commitments to international regimes: political elites, bureaucracies, the general public and target groups. By anchoring the empirical analysis to an actor-centred institutionalist perspective, the article explains how dynamic constellations of actors can distort the penetration of international objectives in the national policy framework. Different constellations of national actors can indeed bend international institutions at different moments: during the formulation of a new law in line with international obligations; in the definition of its implementation framework; and in the enforcement of national policies.     

Regulatory challenges to the implementation of carbon capture and geological storage within the European Union under EU and international law

Carbon dioxide capture and storage (CCS) is a relatively new technology in the context of climate change mitigation strategies, and its legal and regulatory implications are not yet broadly understood. This paper takes a brief look at international environmental law principles relevant to CCS, identifies key environmental and safety risks associated with the technology, and highlights significant legal frameworks that pose challenges to the implementation of CCS within the EU under EU and international law. It then notes continuing regulatory gaps that will need to be addressed for large-scale CCS to take place. The paper concludes that the clear inclusion or exclusion of CCS activities from the range of relevant legal frameworks will increase transparency, provide regulatory certainty and ultimately facilitate CCS in appropriate contexts.     

The draft articles on the law of international watercourses adopted by the International Law Commission: an overview and some remarks on selected issues

In 1994, after more than twenty years of work, the International Law Commission of the United Nations adopted a set of thirty-three draft articles on the Law of the Non-Navigational Uses of International Watercourses. In the same year, the draft articles were submitted to the General Assembly with a view to the adoption of an international convention. The present paper analyzes and comments upon some of the major issues dealt with in the draft articles, devoting special attention to the substantive legal principles governing the utilization of international rivers and the protection of related ecosystems. Various questions still remain open for consideration by the Working Group convened by the General Assembly in 1996–1997 for the elaboration of a definitive convention. In spite of this, the draft articles adopted by the International Law Commission stand as an important achievement in the effort at codification of the law of international water resources. The present article was written within the framework of the research project "Technical aspects of the international law of the sea" which is being carried out at the Faculty of Law, University of Milan, Italy.     

John Rawls’s Theory of Justice and Large-Scale Land Acquisitions: A Law and Economics Analysis of Institutional Background Justice in Sub-Saharan Africa

During the 2007–2008 global food crisis, the prices of primary foods, in particular, peaked. Subsequently, governments concerned about food security and investors keen to capitalize on profit-maximizing opportunities undertook large-scale land acquisitions (LASLA) in, predominantly, least developed countries (LDCs). Economically speaking, this market reaction is highly welcome, as it should (1) improve food security and lower prices through more efficient food production while (2) host countries benefit from development opportunities. However, our assessment of the debate on the issues indicates critical voices in both the media and academic discourse. This article aims to provide a philosophical law and economics analysis. We draw on John Rawls’s Theory of Justice, focusing on Rawls’s background institutions for distributive justice (§43) to evaluate LASLA form an ethical angle. Approaching LASLA into Sub Saharan LDCs as a socio-economic reform redistributing land from the local population of LDCs to investors, we acknowledge that they bear a highly desirable potential. Often, though, they cannot be regarded as ethically correct in practice as the insignificant improvements for local populations and sometimes even human rights violations contradict Rawls’s principles of justice. Then investigating whether and how international law can help overcome the shortcomings, we conclude that even though respective mechanisms exist in the current state of international law, it is hardly possible that it will produce more just outcomes in the near future.     

论环境权法律保障机制

随着人类环保意识的不断提高，环境法律体系经过不断发展和完善，最终成为一个独立的法律部门，环境权也逐步确立和独立化，成为一项独立的法律权利。为使环境权从应有权利转化为法定权利，进而切实地转化为实有权利，应建立对环境权的保障机制。完善的环境权保障机制是由环境实体法与程序法相互协调而构成的有机统一的系统，既有利于和谐社会的建立，也有利于环境法功能更好的发挥。     

Patience is a virtue: Problems of regulatory governance in the Indonesian mining sector

Mining investment in Indonesia has been at a standstill for a decade. Clearly. international mining companies regard the country as a high risk destination for capital. Yet Indonesia is one of the most highly mineralised countries in the world and has expressed a desire to increase investment in the sector in the coming years. As a first step in this direction the government has introduced a new mineral and coal mining law to replace the highly regarded Contract of Work system. The government argues that this new law will reinvigorate mining investment in the country. This paper suggests that the new mining law will do little to improve the situation. Indeed, it is unlikely that Indonesia will become a preferred destination for mining investment in the foreseeable future. Poor regulatory architecture, endemic corruption, and a lack of institutional capacity continue to be of concern to investors.     

水行政执法中违法建筑的探究与化解路径

强化水行政执法制度建设,推进河道违建专项整治旨在恢复水生态环境、促进水生态文明建设。河道违法建筑作为一种“顽疾”,破坏水生态环境、影响防洪排涝,存在严重的安全隐患。通过完善涉水法律法规,以河长办与政府部门协调联动执法为主,提升水行政执法人员执法水平与加大法治教育宣传力度为辅,确立司法强制为保障的多元方式,妥善地处理违法建筑,恢复和保护水生态环境。     

PRINCIPLES FOR INTERNATIONAL GROUND-WATER LAW (I)

International ground-water resources have not received their full share of legal investigation. This paper outlines some principles applicable to the development of international co-operation concerning this important resource, bearing in mind that ground and surface waters are the same resource. In the absence of positive international law covering ground-water resources, national laws are investigated to examine their suitability for adaptation to the international level. In a second paper, to be published in the next issue of the Forum , the interjurisdictional experience among federated states and among independent states will be reviewed.