Exploiting Abstract Possibilities: A Critique of the Concept and Practice of Product Patenting

Developments in biotechnology and genomics have moved the issue of patenting scientific and technological inventions toward the center of interest. In particular, the patentability of genes of plants, animals, or humans and of genetically modified (parts of) living organisms has been discussed, and questioned, from various normative perspectives. This paper aims to contribute to this debate. For this purpose, it first explains a number of relevant aspects of the theory and practice of patenting. The focus is on a special and increasingly significant type of patents, namely product patents. The paper provides three general arguments against the concept and practice of product patenting. The first argument briefly considers the claim that patents are legitimate because they promote socially useful innovation. Against this claim, it is argued that product patents may hamper rather than promote such innovation. The second and main argument concludes that product patents are not adequately based on actual technological inventions, as they should be according to the usual criteria of patentability. The principal moral issue is that product patents tend to reward patentees for inventions they have not really made available. The final argument proposes a method for patenting the heat of the sun. Assuming that granting this patent will be generally considered absurd, the argument exposes a further, fundamental problem of the concept and practice of product patenting.     

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.     

Transforming open mining pits into fish farms: Moving towards sustainability

The legacy of mining activities has typically been land ‘returned to wildlife’, or, at some sites, degraded to such an extent that it is unsuitable for any alternate use. Progress towards sustainability is made when value is added in terms of the ecological, social and economic well‐being of the community. In keeping with the principles of sustainable development, the innovative use of flooded open pits and tailings impoundments as commercial, recreational or ornamental fish farms should be considered in some locations, as it could make a significant contribution to the social equity, economic vitality and environmental integrity of mining communities. This article highlights the growing significance of aquaculture and explores the benefits and barriers to transforming flooded pits and impoundments into aquaculture operations. Among other benefits, aquaculture may provide a much‐needed source of revenue, employment and, in some cases, food to communities impacted by mine closure. Further, aquaculture in a controlled closed environment may be more acceptable to critics of fish farming who are concerned about fish escapes and viral transmissions to wild populations. Despite the potential benefits, aquaculture in flooded pits and impoundments is not without its complications — it requires a site‐specific design approach that must consider issues ranging from metals uptake by fish, to the long‐term viability of the aquatic system as fish habitat, to the overall contribution of aquaculture to sustainability.     

Hazardous wastes transboundary movement management: a case study in Taiwan

More than 50,000 tons of hazardous waste are imported and exported worldwide each year. Over 50% of hazardous waste is exported to Southeast Asia, of which leather waste is the major component. The exportation quantities of hazardous waste to Organization of Economic Cooperation and Development (OECD) countries are decreasing while they are on the increase to non-OECD countries. Some of these wastes are intended for recycling purposes but the usage of some others is not stipulated. The hazardous waste importation quantity kept fairly steady from 1997 to 2000, of which ash or residues containing copper or copper compounds were the major component. Under existing regulations and measures, the transboundary movement of hazardous waste cannot be effectively controlled and monitored. In order to ensure environmentally sound hazardous waste management, EPA-Taiwan revised the Waste Disposal Act in 2001 and cooperated with the Industrial Development Bureau (IDB) to promote industrial waste reduction and recycling projects. Strategies were proposed based on evaluation according to the 3Es Principles and the site investigation in this study.     

Effects of planned expansion of waste incineration in the Swedish district heating systems

Recent targets for reduced amounts of waste to landfills in Sweden will result in a large increase in waste incineration with recovery of energy, used primarily for district heating. The aim of this study is to investigate what changes in the usage of other fuels and technologies for district heat production would be caused by this increase. A questionnaire was sent out to the largest district heating companies, and simulations in an energy systems model were carried out. The analysis shows that increased waste incineration reduces the demand for other fuels, especially biomass, for district heat production. The effects include reductions in operating hours as well as the avoidance or postponement of investments in new plants for district heat production. Increased waste incineration will also lead to a greater use of district heating in Sweden.     

Effect of selected and non-selected urban waste compost on the initial growth of corn

Brazil produces approximately 242,000 t of waste per day, 76% of it being dumped outdoors and only 0.9% recycled, including composting, which is an alternative still little known in Brazil. In search of a better destination for residues produced by domestic activities, composting stands as a feasible alternative. Organic compost from waste may be used for various purposes, among which are soil recovery, commercial production, pastures, lawns and reforestry and agriculture. However, the quality of the compost determines the growth and the development of plants. The effect of compost made from urban waste on corn plant (Zea mays L.) growth was investigated. Two types of compost were used: the selected compost (SC), produced from organic waste selectively collected; and the non-selected compost (NSC), taken from a 15-year-old cell from the Canabrava land-fill, located in Salvador, Bahia, Brazil (altitude 51 m, 12°22′–13°08′S, 38°08′–38°47′W). Corn was seeded in polyethylene pots, with soil-compost mixing substrate in the proportion of 0, 15, 30, 45 and 60 t ha⁻¹ equivalent doses. Chemical analyses of the compost and growth properties of the plant like chlorophyll content; height and stem diameter; aerial and radicular dry biomasses, were used to evaluate compost quality. Plants cultivated with SC presented a superior gain, being of 52.5% in stem diameter, 71.1 and 81.2% in root and stem biomasses, respectively. Chlorophyl content alterations were observed in plants from treatments using 30 t compost ha⁻¹ dose onwards. Conventional and multivariate statistical methods were used to evaluate these results. The beneficial action of organic compost in plant growth was confirmed with this research.     

NITROGEN AND ORGANIC MATTER LOSSES IN NO‐TILL CORN CROPPING SYSTEMS1

ABSTRACT: Intensive cropping systems based on mechanical movement of soil have induced land degradation in most agricultural areas due to soil erosion and soil fertility losses. Thus, farmers have been increasing fertilization rates to maintain an economically competitive crop yield. This practice has resulted in water quality degradation and lake eutrophication in many agricultural watersheds. Research was conducted in the Patzcuaro watershed in central Mexico to develop appropriate technology that prevents nonpoint source pollution from fertilizers. Organic matter (OM) and nitrogen (N) losses in runoff and nitrate (NO₃‐N) percolation in Andisols with corn under conventional till (CT) and no‐till (NT) treatments using variable percentages of crop residue as soil cover were investigated for steep‐slope agriculture. USLE type runoff plots were used to collect water runoff, while suction tubes with porous caps at 30, 60, and 90 cm depth were used to sample soil water solutes for NO₃‐N analyses. Results indicated a significant reduction of N and OM losses in runoff as residue cover increased in the NT treatments. Inorganic N in runoff was 25 kg/ha for NT without residue cover (NT‐0) and 6 kg/ha for the NT with 100 percent residue cover (NT‐100). Organic matter losses in runoff were 157 and 24 kg/ha for the NT‐0 and NT‐100 treatments, respectively. Nitrate‐N percolation was evident in CT and NT with 100 percent residue cover (NT‐100). However, NT‐100 had higher NO₃‐N concentration at the root zone, suggesting the possibility of reducing fertilization rates with the use of NT treatments.     

TRANSIENT RESPONSE FUNCTIONS FOR CONJUNCTIVE WATER MANAGEMENT IN THE SNAKE RIVER PLAIN,IDAHO1

ABSTRACT: Increasing demands on western water are causing a mounting need for the conjunctive management of surface water and ground water resources. Under western water law, the senior water rights holder has priority over the junior water rights holder in times of water shortage. Water managers have been reluctant to conjunctively manage surface water and ground water resources because of the difficulty of quantification of the impacts to surface water resources from ground water stresses. Impacts from ground water use can take years to propagate through an aquifer system. Prediction of the degree of impact to surface water resources over time and the spatial distribution of impacts is very difficult. Response functions mathematically describe the relationship between a unit ground water stress applied at a specific location and stream depletion or aquifer water level change elsewhere in the system. Response functions can be used to help quantify the spatial and temporal impacts to surface water resources caused by ground water pumping. This paper describes the theory of response functions and presents an application of transient response functions in the Snake River Plain, Idaho. Transient response functions can be used to facilitate the conjunctive management of surface and ground water not only in the eastern Snake River Plain basin, but also in similar basins throughout the western United States.     

太湖上游的水文特征及灾害分析

分析了1957～1988年太湖上游主要入湖河道的水位和流量变化规律及其与降水量的关系.基于年径流量,对太湖上游河流每年的丰枯等级进行了评价,讨论了太湖流域的洪涝灾害特征,提出了可根据本文所分析结果进行太湖洪涝灾害预测的结论.     

陕西佛坪、宁陕"6.9"山地自然灾害考察研究

2002年6月9日,陕西南部佛坪、宁陕等地因特大暴雨引发了极其强烈的泥石流、山洪等山地自然灾害.本文考察研究了这次泥石流、山洪等山地自然灾害产生的条件,分布与活动特点以及未来发展变化的趋势.