地方环境立法应遵循可持续发展原则

本文在分析地方环境立法形势的基础上 ,提出地方环境立法应遵循可持续发展原则 ,并从公平性、持续性、协调性、资源价值、公众参与和生态安全、区域性和发挥地方环境资源优势等几个方面进行了阐述     

Cumulative impact of marinas on estuarine water quality

The purpose of this work is to present a modeling approach for assessing and managing the cumulative impact of marinas on estuarine systems. In doing so, both a water-quality model and a planning and management model are developed. The water-quality model predicts biochemical oxygen demand (BOD) and fecal coliform (FC) loadings from marina sources in a hypothetical North Carolina estuary. By running the water-quality model repeatedly with varied loading input, impact coefficients are determined. These impact coefficients are used in the planning and management model, the output of which gives the sizes and locations of marinas in the estuarine system such that dissolved oxygen (DO) and FC water-quality standards are maintained.Five different estuarine development scenarios are considered. Each scenario is evaluated with respect to both maximum and uniform land development constraints. In addition, two alternative fecal coliform standards are used with each of the development options.     

The contribution of policy,law, management,research, and advocacy failings to the recent extinctions of three Australian vertebrate species

Extinctions typically have ecological drivers, such as habitat loss. However, extinction events are also influenced by policy and management settings that may be antithetical to biodiversity conservation, inadequate to prevent extinction, insufficiently resourced, or poorly implemented. Three endemic Australian vertebrate species—the Christmas Island pipistrelle (Pipistrellus murrayi), Bramble Cay melomys (Melomys rubicola), and Christmas Island forest skink (Emoia nativitatis)—became extinct from 2009 to 2014. All 3 extinctions were predictable and probably preventable. We sought to identify the policy, management, research, and other shortcomings that contributed to their extinctions or failed to prevent them. These included a lack within national environmental legislation and policy of explicit commitment to the prevention of avoidable extinctions, lack of explicit accountability, inadequate resources for conservation (particularly for species not considered charismatic or not of high taxonomic distinctiveness), inadequate biosecurity, a slow and inadequate process for listing species as threatened, recovery planning that failed to consider the need for emergency response, inability of researchers to identify major threatening factors, lack of public engagement and involvement in conservation decisions, and limited advocacy. From these 3 cases, we recommend: environmental policy explicitly seeks to prevent extinction of any species and provides a clear chain of accountability and an explicit requirement for public inquiry following any extinction; implementation of a timely and comprehensive process for listing species as threatened and for recovery planning; reservation alone not be assumed sufficient to maintain species; enhancement of biosecurity measures; allocation of sufficient resources to undertake actions necessary to prevent extinction; monitoring be considered a pivotal component of the conservation response; research provides timely identification of factors responsible for decline and of the risk of extinction; effective dissemination of research results; advocacy by an informed public for the recovery of threatened species; and public involvement in governance of the recovery process. These recommendations should be applicable broadly to reduce the likelihood and incidence of extinctions.     

A review on environmental distributions and risk management of phenols pertaining to the endocrine disrupting chemicals in Taiwan

Some phenols, including pentachlorophenol, dichlorophenol, alkylphenols (nonylphenol & octylphenol) and bisphenol-A, have been identified as endocrine disrupting chemicals (EDCs). These phenolic EDCs are extensively used in a wide range of household products, thus posing potential health risks for humans exposed to them. From the viewpoints of ecotoxicology, human health and regulations, it is urgent to restrict the emissions and releases of these estrogenic chemicals from the industrial processes and commercial products. This review article first focused on the physicochemical properties of phenolic EDCs and their industrial/commercial uses. Furthermore, their environmental distributions and regulatory frameworks for integrated risk management of these chemicals in Taiwan were conducted as a case study. Emphasis was thus put on the cross-ministerial joint venture (i.e., environment, health, agriculture, labor, and industry authorities), and the government policy on the risk management of EDCs. Finally, some recommendations for pollution prevention and toxicity reduction of phenolic EDCs were also addressed and analyzed to progress towards a sustainable society in Taiwan.     

古树名木保护地方立法评析与建议

对我国出台的15部古树名木保护地方性法规和规章出台时间、主要内容进行了归纳分析。结果发现:法规和规章中存在着管理体制不顺、权责利不对等、处罚标准不合理等问题。在研究基础上,提出完善古树名木保护立法的建议:加快推进古树名木保护国家立法,逐步完善地方立法,进一步理顺保护管理体制,建立古树名木保护补偿制度,加强科学研究与技术推广等。     

自然灾害防治综合立法研究:定位、理念与制度

近年来,国家高度重视防灾减灾救灾,发布了防灾减灾救灾系列重要文件,实施了应急管理体制机制重大改革举措。落实防灾减灾救灾新思想新理念新要求,契合国家发展改革的现实需要,应加紧推进自然灾害防治综合立法。自然灾害防治综合立法的定位是自然灾害防治的基本法、应急管理的特别法、公共安全的支撑法。自然灾害防治综合立法应在坚持以人民为中心理念、风险防范理念、综合防治理念、权利保护理念的基础上,确立自然灾害风险隐患排查、危险区避让及搬迁转移、自然灾害科普、自然灾害防治社会参与、自然灾害保险等制度,为推进我国自然灾害防治体系和防治能力现代化提供法制保障。     

“Guardianship” and the “Rural Workshop”—The First Quarter-century of U.K. Experience in Nature Conservation

In the U.K., the Countryside Act of 1968 represented the first “updating” of the pioneering National Parks and Access to the Countryside Act of 1949. Through the archival material that survives for the Ministry of Agriculture and Nature Conservancy, the paper commemorates that first quarter-century of post-war adjustment to the needs of farming and wildlife conservation. It does so through a case study of the documented discussion, both inter-agency and within separate counsels, of whether agricultural improvement grants should be paid for land scheduled as Sites of Special Scientific Interest (SSSIs). The post-war assumptions of both parties were shattered by clashes over the SSSIs of Cavenham Heath (Suffolk) and Waddingham Common (Lincolnshire). Characterized as a “cold” war, there was a point beyond which antipathy served no one's interests. Fully aware of the options available to policy-makers, both parties recognized the Countryside Bill as an opportunity to obtain greater protection for SSSIs without prejudicing the larger notions of guardianship of the rural resource and the importance that continued to be given to the countryside as the farmer's “workshop”.     

新旧水污染防治法的比较

《中华人民共和国水污染防治法》于１９９６年５月作了修改，修改的同容包括水环境保护标准制定权限，水污染防治管原则，水污染防治管理制度防止表水污染，法律责任等。比较研究所旧水污染防治法，将更好地推进新法的实施。     

安全法应成为一个独立的法律部门——安全法学初探之一

安全法是国隶制定并保证实施的法律规范。安全立法的根本目的是保障人类的安全与健康.促进社会和生产的发展。我国党和政府历来十分重视安全立法工作,国家制定的各种安全法律规范已达到了相当的程度,由于安全法有着自己的调整对象和自己的特点,同时社会经济发展和生产也需要,所以安全法应成为一个独立的法律部门。     

PROBLEM OF NONPOINT SOURCE AGRICULTURAL WATER POLLUTION: TOWARD A HYPOTHETICAL FEDERAL LEGISLATIVE SOLUTION1

ABSTRACT: A conceptual framework of politics is set forth in relation to the federal environmental legislative process. This framework for analysis is then related to a hypothetical public problem -ground water pollution from agricultural chemicals. The public problem from the perspective of political analysis is found to involve several different types of difficult issues with which the legislative process must deal if legislation is to be enacted.