海底可燃冰开发环境风险多元共治之论证与路径展开

有效规制海底可燃冰开发伴生的多种类型生态环境风险,是保障可燃冰产业健康发展的内在需求。本文的主要目的即在中国现行法律体系规定的多元共治的环境法治理念和制度框架下,研究海底可燃冰开发环境风险多元共治的理论基础、现实必要性及其制度路径。文章主要运用类型化方法来梳理与归纳海底可燃冰开发引致环境风险的具体类型;运用理论分析与价值分析方法,论证海底可燃冰开发环境风险多元共治的必要性;运用法教义学分析、比较分析与系统分析方法,检视与剖析我国传统行政管制模式下的制度体系在规制海底可燃冰开发环境风险中的绩效与利弊,归纳与展开海底可燃冰开发环境风险多元共治的制度路径。本文的基本结论是,传统环境管制模式难以有效治理海底可燃冰开发引致的新型环境风险,当前我国所创新的环境多元共治模式,可以矫正政府单维管制海底可燃冰开发环境风险中的缺陷、弥补"监管之法"在规制海底可燃冰开发环境风险中的疏漏、克服单一行政命令方式在规制海底可燃冰开发环境风险中的困境,系统构建海底可燃冰开发环境风险多元治理体系。在完善行政监管和推进私人治理两个层面对海底可燃冰开发环境风险多元共治的基础上提出具体建议。在完善行政监管层面,我国《环境保护法》《海洋环境保护法》等法律规范经过拓展解释适用,仍然因为规制路径的间接性、零散性而产生内生弊端,亟待专门立法;在推进私人治理层面,多元共治机制分为多元主体参与机制与诉讼机制,应重视通过鼓励环保公益组织、可燃冰行业协会与私人等多元主体采取多元参与和私益诉讼方式,以发挥其在规制海底可燃冰开发环境风险中的综合效用。     

A conceptual framework for analyzing deltas as coupled social–ecological systems: an example from the Amazon River Delta

At the nexus of watersheds, land, coastal areas, oceans, and human settlements, river delta regions pose specific challenges to environmental governance and sustainability. Using the Amazon Estuary-Delta region (AD) as our focus, we reflect on the challenges created by the high degree of functional interdependencies shaping social–ecological dynamics of delta regions. The article introduces the initial design of a conceptual framework to analyze delta regions as coupled social–ecological systems (SES). The first part of the framework is used to define a delta SES according to a problem and/or collective action dilemma. Five components can be used to define a delta SES: social–economic systems, governance systems, ecosystems-resource systems, topographic-hydrological systems, and oceanic-climate systems. These components are used in association with six types of telecoupling conditions: socio-demographic, economic, governance, ecological, material, and climatic-hydrological. The second part of the framework presents a strategy for the analysis of collective action problems in delta regions, from sub-delta/local to delta to basin levels. This framework is intended to support both case studies and comparative analysis. The article provides illustrative applications of the framework to the AD. First, we apply the framework to define and characterize the AD as coupled SES. We then utilize the framework to diagnose an example of collective action problem related to the impacts of urban growth, and urban and industrial pollution on small-scale fishing resources. We argue that the functional interdependencies characteristic of delta regions require new approaches to understand, diagnose, and evaluate the current and future impacts of social–ecological changes and potential solutions to the sustainability dilemmas of delta regions.     

Changing institutions for environmental policy and politics in New Era China

ABSTRACT

The evolution of Chinese environmental policy and politics can be better understood in the broader context of institutional changes that have taken place since the late 1970s. In this study, an analytical framework was established to analyze how overall institutional changes were reflected in the roles of relationships between governmental and non-governmental actors engaged in environmental governance. Institutional changes were observed at three levels: informal institutions (cultural traditions, and political ideology); formal institutions (the polity, political system, property rights, and judiciary); and governing mechanisms (structures, regulatory approaches, and incentives). This analysis of interactions between institutional changes and the changing environmental process explained not only the drives and constraints behind China’s environmental policy evolution so far but also shed light on future challenges and opportunities.     

Institutional challenges of adopting ecosystem-based adaptation to climate change

In view of past environmental degradation and anticipated climate change impacts, we assessed the potential for ecosystem-based adaptation in the Murray-Darling Basin, Australia. In a workshop with staff from three Catchment Management Authorities (CMAs) who had jurisdiction over three sub-basins, as well as technical experts, nine adaptation options were identified that ranged from environmental flows, restoring river channel habitat, reoperating infrastructure and controlling invasive species. A Catchment Adaptation Framework was developed and used to assess and compare these adaptation options with each of the CMAs, drawing on interviews with their key stakeholders, to identify the risks, benefits and costs. We found that ecosystem-based adaptation can augment catchment management programs and requires investment in a suite of different but complementary measures to lower risk. Our research found institutional challenges in implementing this approach, including the complexities of multi-agency management, constricting legal requirements, narrow funding arrangements, under-developed institutional capacity, difficulties of implementing catchment-scale programs on private property and the need to adhere to community expectations. These institutional issues are ubiquitous internationally and point to the wider issues of providing sufficient management capacity to support adaptation. The Catchment Adaptation Framework presented here enables river basin managers to systematically assess the adaptation options to better inform their decision-making.     

硬绿还是软绿:关于环境产权的理论论争

环境治理上硬绿和软绿的争议反映了不同环境产权形式的理论论争。本文对环境产权相关理论作了综合梳理和系统分析。揭示环境产权研究对环境规制问题的理论启发和现实意义。进而提出了对环境问题进行制度研究的建议。     

环境规制、省际产业转移对污染迁移的空间溢出效应

目前我国正在积极地探寻经济增长高质量发展,生态环境与经济持续、稳定的和谐发展至关重要。虽然政府制定了相关的环境治理政策,但我国环境治理整体效果仍然欠佳。自从分税制改革以来,地方政府为了获得较高经济效益,会放松对环境管理,导致环境治理高投入低成效。同时,由于区域经济发展不平衡导致政府在制定相关环境治理政策时带有区域性特点,迫使高污染高能耗企业迁移至环境规制相对薄弱的地区,由此产生污染迁移的现象。基于此,对2003—2017年30个省区市(港澳台和西藏除外)环境污染总指数的空间溢出效应进行探讨,构建动态空间杜宾模型研究环境规制、省际产业转移对污染迁移的影响。研究结果表明:①环境规制总体上对环境污染具有显著直接效应且存在正向空间溢出效应,当某省环境规制强度增加,环境污染总指数会降低,从而引起污染向相邻省份转移,造成相邻省份的环境污染总指数上升。②省际产业转移整体上对环境污染具有显著直接效应且存在负向空间溢出效应,当某省的产业转移到相邻省份时,会缓解本省环境污染,却加重相邻省份的环境污染程度。这就需要中央政府加强对于各省区市的环境管控,统筹各区域的联防联治机制。产业转移承接省份在招商引资的过程中不仅要考虑本省环境承载能力和环境治理能力,还要考虑入驻企业自身污染排放处理能力,并将污染排放指数纳入筛选条件。同时,产业转移承接省份要引入企业的生产工艺、技术、研发团队等,运用技术溢出效应提升区域环境治理水平。     

From comparative risk assessment to multi-criteria decision analysis and adaptive management: recent developments and applications

Environmental risk assessment and decision-making strategies over the last several decades have become increasingly more sophisticated, information-intensive, and complex, including such approaches as expert judgment, cost-benefit analysis, and toxicological risk assessment. One tool that has been used to support environmental decision-making is comparative risk assessment (CRA), but CRA lacks a structured method for arriving at an optimal project alternative. Multi-criteria decision analysis (MCDA) provides better-supported techniques for the comparison of project alternatives based on decision matrices, and it also provides structured methods for the incorporation of project stakeholders' opinions in the ranking of alternatives. We argue that the inherent uncertainty in our ability to predict ecosystem evolution and response to different management policies requires shifting from optimization-based management to an adaptive management paradigm. This paper brings together a multidisciplinary review of existing decision-making approaches at regulatory agencies in the United States and Europe and synthesizes state-of-the-art research in CRA, MCDA, and adaptive management methods applicable to environmental remediation and restoration projects. We propose a basic decision analytic framework that couples MCDA with adaptive management and its public participation and stakeholder value elicitation methods, and we demonstrate application of the framework to a realistic case study based on contaminated sediment management issues in the New York/New Jersey Harbor.     

Towards a framework for cross-scale and multi-level analysis of coastal and marine social-ecological systems dynamics

As the Anthropocene proceeds, regional and local sustainability problems are ever more likely to originate at multiple levels of the earth system. The rate of global environmental change is now vastly outpacing our policy response, and social-ecological systems analysis needs to support global environmental governance. To respond to this challenge, this paper initiates the development of a coastal social-ecological typology and applies it in an exemplary fashion to nine coastal and marine case studies. We use an explicit distinction between the definitions of scale and level and a problem or issue-specific approach to the delineation of social-ecological units. A current major challenge to social-ecological systems analysis is the identification of the cross-level and cross-scale interactions and links which play key roles in shaping coastal and marine social-ecological dynamics and outcomes. We show that the regional level is the best point of departure to generate sustainability-oriented cross-scale and multi-level analyses and offers the outline of a typology in which different disciplinary and other forms of knowledge can be integrated as both part of regionally grounded analysis and action which engages with global sustainability challenges.     

SUBSCRIPTION INFORMATION

<正>Chinese Journal of Population Resources and Environment,Print ISSN 1004-2857,Online ISSN 2325-4262,Volume 11,2013.Chinese Journal of Population Resources and Environment(www.tandfonline.com/tpre)is a peer-reviewed journal published in March,June,September,and December by TaylorFrancis,4 Park Square,Milton Park,Abingdon,Oxon,OX14 4RN,UK.     

Pedagogy for Sustainability Science: Case-Based Approaches for Interdisciplinary Instruction

Sustainability science represents a fundamental shift in the nature of research on environmental problems, calling for specialists to expand beyond their disciplinary perspectives in order to cooperate together to understand and address systemic problems. This shift demands a corresponding shift in education in order to equip students with the skills, theories, and methods they need to address contemporary challenges. We argue that case studies are a productive pedagogical approach to teaching about sustainability and teaching for sustainability. Case-based approaches equip students to encounter complexity, manage uncertainty, and generate innovative strategies. In laying out of the pedagogical challenges inherent in sustainability education, we highlight opportunities and demands for environmental communication scholars to contribute to the emerging discipline of sustainability science.     

The Green Economy: Reconceptualizing the Natural Commons as Natural Capital

The green economy is an emergent approach to sustainable development launched at Rio+20. Herein environmental decision-making is increasingly achieved through economistic processes and logic. The natural commons are quantified and managed as natural capital. This paper summarizes the trajectory of the project and its ideological framework. It examines various conceptualizations of economic approaches to the environment and considers philosophical, methodological, and political problems associated with the green economy project. In the face of very different definitions of what constitutes a green economy, environmental communicators face a situation characterized by discursive confusion as the complexity of natural capital accounting processes conceal new political configurations. Counter movements argue that the green economy program is performing ideological work that uses language of environmentalism to obscure an intensified agenda of neoliberal governance and capital accumulation. The concept now has contradictory meanings. Environmental communicators have an important role to play in exposing the contested nature of the project and in helping to define the emerging green economy.     

可持续发展治理的一个理论架构

治理作为实施可持续发展的基本途径和重要保障,受到了国际社会的广泛关注.但是目前对可持续发展治理的理解存在着很大程度的模糊性和混乱.本文在界定可持续发展治理内涵的基础上,提出了可持续发展治理的一个理论结构,对可持续发展治理的基本特征、要素组成、实施途径、操作模式以及制度安排进行了比较系统的讨论.可持续发展治理的可操作模式有社会伙伴关系模式、企业自调节模式和利益相关者契约模式;制度安排有兰个核心:制度的结构和功能层、治理功能及其组织、关键制度的规则.     

Climate change adaptation,flood risks and policy coherence in integrated water resources management in England

Integrated water resources management (IWRM) assumes coherence between cognate aspects of water governance at the river basin scale, for example water quality, energy production and agriculture objectives. But critics argue that IWRM is often less ‘integrated’ in practice, raising concerns over inter-sectoral coherence between implementing institutions. One increasingly significant aspect of IWRM is adaptation to climate change-related risks, including threats from flooding, which are particularly salient in England. Although multiple institutional mechanisms exist for flood risk management (FRM), their coherence remains a critical question for national adaptation. This paper therefore (1) maps the multi-level institutional frameworks determining both IWRM and FRM in England; (2) examines their interaction via various inter-institutional coordinating mechanisms; and (3) assesses the degree of coherence. The analysis suggests that cognate EU strategic objectives for flood risk assessment demonstrate relatively high vertical and horizontal coherence with river basin planning. However, there is less coherence with flood risk requirements for land-use planning and national flood protection objectives. Overall, this complex governance arrangement actually demonstrates de-coherence over time due to ongoing institutional fragmentation. Recommendations for increasing IWRM coherence in England or re-coherence based on greater spatial planning and coordination of water-use and land-use strategies are proposed.

     

“十三五”时期中国环境监管体制改革的形势、目标与若干建议

本文构建了包括监管的立法、组织体系、监管权力配置、监管工具与程序、问责机制、监管能力等要素在内的环境监管体制分析框架,从污染物排放趋势、国家制度建设等角度分析了"十三五"时期中国环境监管体制改革面临的挑战、目标和思路。"十三五"时期是中国生态文明建设的重要时期,完善环境监管制度是推进生态文明制度体系建设的重要内容。面对严重环境污染所带来的挑战,在此期间加快环境监管体制改革、提高环境监管有效性是切实实现治污减排的根本保证。完善环境监管体系、改进监管方式、创新监管手段是建立治污减排长效机制的基础和前提,也是完善环境治理体系的重要内容。按照市场经济条件下政府依法行政的要求,中国环境监管体制改革的目标,就是要按照合法性、独立性、透明性、可问责性、专业性和执法能力、可信性等原则建立和完善现代环境监管体制,为此必须从专门立法、组织结构、权力分配、问责机制、监管程序与工具、监管能力建设等各方面推进改革。本文提出了"十三五"时期环境监管体制改革的思路及若干建议,主要包括:加快修订环保法律法规,提高法律的可操作性,推进环境司法常态化、规范化和专门化,进一步提升环境监管法治化水平;从纵向、横向上优化环境监管组织结构,强化区域层级的监管与督查功能,强化中央层级环境监管机构对环境信息的获取能力;优化环境保护主管部门机构设置以及相关职能,建立并完善内部机构的协调机制;完善环境监管的内外部问责机制,把做实对监管者的监管机制作为优化环境监管体制的抓手;强化对监管工具的顶层设计,做实监管程序中关键环节,建立环境监管影响评估制度;加强环境监管能力建设,推进环境监管制度队伍职业化发展,保障各级环境监管机构具有充分履职的能力。环境监管体制的改革和完善,是国家治理体系和治理能力现代化的重要内容。     

Shifting drivers and static baselines in environmental governance: challenges for improving and proving water quality outcomes

Understanding the conditions that enable or constrain success in environmental governance is crucial for developing effective interventions and adapting approaches. Efforts to achieve and assess success in environmental quality improvement are often impeded by changes in conditions that drive outcomes but lie outside the scope of intervention and monitoring. We document how long-term changes in land use, agriculture, and climate act as non-stationary, shifting drivers of change that combine to render water quality management interventions less effective and increasingly difficult to assess. Focusing on the Yahara River watershed of south-central Wisconsin, USA, we ask how baselines influence program modeling, monitoring, and evaluation, as well as adaptation in governance approach. Through historical trend, GIS, and policy and qualitative data analyses, we find that changes in long-term land use and precipitation pattern dynamics exert tremendous pressure on water quality outcomes but are not captured in snapshot baseline assessments used in management planning or evaluation. Specifically, agricultural sector change related to the intensification of milk and manure production is increasingly challenging to address through best management practices, and flashier precipitation associated with climate change makes it difficult to achieve goals and establish a causal connection between management interventions and outcomes. Analysis of shifting drivers demonstrates challenges facing environmental governance in the context of climatic and social–ecological change. We suggest that goal setting, program design, and evaluation incorporate new modes of analysis that address slowly changing and external determinants of success.     

跨界大气污染治理体系和政策措施——欧洲经验及对中国的启示

大气污染具有明显的跨界特性,跨区域联防联治机制是大气污染治理的重要手段。欧洲跨界大气污染治理具有完整的治理体系和丰富的实践经验,取得了显著成就,充分借鉴和吸收欧洲跨界大气污染治理的经验,对提高中国大气污染治理的科学性和有效性、推动解决大气污染治理难题具有重要意义。本文深入分析了欧洲跨界大气污染治理的背景、制度演化、治理体系和政策措施,结果发现,欧洲跨界大气污染治理机制是以EMEP为基础、以CLRTAP为核心、八项议定书为补充的不断扩展治理领域和政策边界的动态过程,其治理政策的制定表现出明显的阶段性特征。从科学化定量体系和制度化保障体系两个维度总结了欧洲跨界大气污染治理的主要措施,结合中国实际,对中国跨界大气污染治理提出了政策建议:(1)建立健全大气治理立法及配套执行体系,并严格落实问责;(2)尽快建立和完善跨界大气污染监测评估系统;(3)科学划分大气污染治理区域,成立跨区域组织领导机构;(4)加快研究制定符合国情的跨区域生态补偿机制。     

Application of the City Blueprint Approach to assess the challenges of water management and governance in Quito (Ecuador)

In this paper, we provide an assessment of the challenges of water, waste and climate change in the city of Quito by performing the City Blueprint Approach consisting of three assessment frameworks: (1) the Trends and Pressure Framework (TPF), (2) the City Blueprint Framework (CBF) and (3) the water Governance Capacity Framework (GCF). The TPF summarizes the main social, environmental and financial aspects that may affect urban water management. The CBF provides a clear overview of sustainable urban water management performance and its bottlenecks in municipalities and regions. The GCF comprises nine governance conditions which each consist of three indicators. The GCF provides insight in the most effective improvements to increase the governance capacity to address the identified urban water challenges. Our results show that poor wastewater treatment and long-term drinking water security are Quito’s main water challenges that may be jeopardized given the city’s rapid urbanization and economic pressure. The GCF analysis reveals that cooperation between stakeholders, implementing capacity and citizens’ awareness are the most important conditions for further development to find adequate solutions for Quito’s long-term drinking water security. We also suggest that more attention should be drawn to the transparency, accountability and participation principles. The results of Quito show that the City Blueprint Approach can serve as an affordable quick-scan to facilitate cities in their strategic planning to reach their sustainable development goals.     

Irrigation canals as tools for climate change adaptation and fish biodiversity management in Southern France

This paper is based on the interdisciplinary research conducted in the south of France that analyses the different economic, social and environmental roles played by agricultural irrigation canals. We argue that beyond their productive role, which is to supply farmers with water, they fulfil other environmental services and play an important role in the context of future climate change to face challenges of adaptation. We point up several ecosystem services provided by such canals, e.g. replenishing the groundwater table, the development of riparian vegetation and wet areas in the Mediterranean zone, tools for regulating flooding and drought, the bases for new cultural approaches to nature. Moreover, they play an important role in the maintenance of an ichthyological biodiversity that is indispensable for the persistence of natural ecosystem. Functioning as an ecological corridor, they display interesting capacities as refuges for certain fish species under stress. Indeed, they can potentially connect upstream and downstream zones over a continuum of more than 300 km and thus covering very contrasted climatic zones (alpine versus Mediterranean). For now, most of these services remain largely unknown and underestimated. However, they serve as assets for territorial development since they combine economic, ecological and social factors whose remodelling is becoming increasingly necessary in the face of climate change.     

Towards better water governance in river basins: some lessons learned from the Volga

This article focuses on the problems of water governance at a river basin level, and on the role of institutional coordination, participation and partnerships between multiple stakeholders towards sustainable water management. Its approach presupposes that institutional capacity building, strengthening coordination between government institutions (vertical and horizontal), on the one hand, and broadening participation and consolidating partnerships between public, private and civil society actors, on the other hand, is among effective tools in integrated water resource management in river basins. It explores environmental challenges, problems, emerging trends and recent institutional innovations in the Volga basin in Russia—the largest river basin in Europe. Transfer and adaptation of good practices in good water governance between the EU and Russia are discussed. This article presents some research findings and lessons learned from practice by the EC international project ‘CABRI—Cooperation along a big river: Institutional coordination among stakeholders for environmental risk management in the Volga basin’, which is assessed as one of the selected success stories of the European research.’     

Methods for integrated assessment

Integrated assessment is an approach that seeks to involve all disciplines in policy-relevant assessment. The process aims to encompass environmental science, technology and policy problems. The aim is to establish an overview of the environmental issue in question that attempts to avoid the mistakes of the past associated with narrow, one-sided or unidimensional approaches. A number of methods are available for such assessments. However, they are also subject to a number of limitations, difficulties and dilemmas. Integrated methods are inherently complicated and the tradition is that only experts are involved. New more inclusionary procedures have to be devised in order to involve all stakeholders. They have to be involved in the framing of the issue and in the value judgements associated with the approach. The dilemmas cannot be solved by integrated approaches, but they can be mitigated via proper identification, analysis and evaluation of the gains and losses involved. In structuring the analysis the existence of ignorance has to be accounted for and communicated to the managers and the political decision makers. The ignorance/uncertainty aspects can be partially accommodated for via an intensification of feasible monitoring and research so as to minimise the risks of unpleasant surprises. Electronic Publication