试论土壤污染防治立法

土壤是一种不可或缺和不可再生的自然资源。土壤污染发展速度快,其危害日益严重,给人类生存和可持续发展带来了巨大压力。面对严峻的土壤污染形势,国外一些发达国家已积极立法应对,其中以美国、日本颇具代表意义。而在中国现行的法律体系中,关于土壤污染防治的法律基本是一片空白。因此,在借鉴国外先进经验的基础上,应尽快完善中国的土壤污染防治立法,对土壤污染防治作出专门的、系统的法律规定,从而有效地防治土壤污染。     

A comparison of biodegradable municipal waste (BMW) management strategies in Ireland and the Czech Republic and the lessons learned

In order to meet the recycling and recovery targets set forth by the European Union's (EU) Waste and Landfill Directives, both the Irish and Czech governments’ policy on waste management is changing to meet these pressures, with major emphasis being placed upon the management of biodegradable municipal waste (BMW). In particular, the EU Landfill Directive requires reductions in the rate of BMW going to landfill to 35% of 1995 values by 2016 and 2020 for Ireland and the Czech Republic, respectively. In this paper, the strategies of how Ireland and the Czech Republic plan to meet this challenge are compared. Ireland either landfills or exports its waste for recovery, while the Czech Republic has a relatively new waste management infrastructure. While Ireland met the first target of 75% diversion of BMW from landfill by 2010 and preliminary 2012 data indicate that Ireland is on track to meet the 2013 target, the achievement of the 2016 target remains at risk. Indicators that were developed to monitor the Czech Republic's path to meeting the targets demonstrate that it did not meet the first target that was set for 2010 and will probably not meet its 2013 target either. The evaluation reports on the implementation of Waste Management Plan of Czech Republic suggest that the currently applied strategy to divert biodegradable waste from landfill is not effective enough. For both countries, the EU Waste Framework and Landfill Directives will be a significant influence and driver of change in waste management practices and governance over the coming decade. This means that both countries will not only have to invest in infrastructure to achieve the targets, but will also have to increase awareness among the public in diverting this waste at the household level. Improving environmental education is part of increased awareness as it is imperative for citizens to understand the consequences of their actions as affluence continues to grow producing increased levels of waste.     

浅析环境利益保护视阈下《物权法》的完善

环境利益是人类从环境中获取的维持生命延续与自我发展的效用,以及能动地利用自然环境所形成的各种利益。在环境问题与环境危机的影响下,环境利益的实现必定受到阻碍。《物权法》规定了自然资源物权和环境保护相邻权,却忽视环境利益保护的理念,在物权客体范围与相邻关系等方面亦存在明显局限。应将"环境利益"纳入民事立法,尤其是《物权法》中,通过确立环境物权,丰富环境容量使用权、环境保护相邻权的相关内容,实现对《物权法》的完善,促进环境利益的民事法律保护与救济。     

论国内外资源安全立法趋势及我国立法模式的选择

资源安全问题是国际社会和我国所面临的一个重大问题，资源安全是在某种状态下资源供给与需求相均衡的一种状态。我国资源立法从上个世纪80年代开始，但并未确立资源安全的立法指导思想。资源是提升国家综合国力的重要因素，在经济全球化下，我国资源安全问题面临着严峻挑战，解决问题的关键是进行资源安全立法，构建资源安全法律制度体系。本文介绍了全球资源危机和我国所面临的资源安全形势，分析了国外资源安全立法动态，提出了我国资源安全立法的模式选择，并对资源安全（基本法）进行了框架结构设计。     

A statistical study of the quality of surface water intended for human consumption near Valencia (Spain)

Water quality in the European Union is subject to legislation through directives that are applicable in all Member States. The directives specify a set of physical and chemical parameters that should be regularly controlled using a network of sampling points, with sampling based on the intended use of the water. This paper presents the results of a statistical comparison of the quality of water intended for human consumption at two different locations (the Canal de Benagéber and the Canal Júcar-Turia) near the town of Valencia (Spain). These are currently the only canals that could supply Valencia and other nearby towns with drinking water. The parameters considered in this paper are the ones specified in the European directives for determining the quality of water intended for human consumption. These directives specify that the 95th percentile of the distribution of each parameter should be used to assess water quality, so accurate estimation of these percentiles was essential in this paper. We found statistically significant differences among locations in chlorides, sulfates, temperature, coloration, and manganese, but the results varied depending on the statistical tests that we used; parametric methods gave better results than nonparametric methods.     

Ecotoxicological Assessment of Sediment, Suspended Matter and Water Samples in the Upper Danube River. A pilot study in search for the causes for the decline of fish catches (12 pp)

Goals, Scope and Background Fish populations, especially those of the grayling (Thymallus thymallus), have declined over the last two decades in the upper Danube River between Sigmaringen and Ulm, despite intensive and continuous stocking and improvement of water quality since the 1970s. Similar problems have been reported for other rivers, e.g. in Switzerland, Great Britain, the United States and Canada. In order to assess if ecotoxicological effects might be related to the decline in fish catch at the upper Danube River, sediment, suspended matter and waste water samples from sewage treatment plants were collected at selected locations and analyzed in a bioanalytical approach using a battery of bioassays. The results of this pilot study will be used to decide if a comprehensive weight-of-evidence study is needed. Methods Freeze-dried sediments and suspended particulate matters were extracted with acetone in a Soxhlet apparatus. Organic pollutants from sewage water were concentrated using XAD-resins. In order to investigate the ecotoxicological burden, the following bioassays were used: (1) neutral red assay with RTL-W1 cells (cytotoxicity), (2) comet assay with RTLW1 cells (genotoxicity), (3) Arthrobacter globiformis dehydrogenase assay (toxicity to bacteria), (4) yeast estrogen screen assay (endocrine disruption), (5) fish egg assay with the zebrafish (Danio rerio; embryo toxicity) and (6) Ames test with TA98 (mutagenicity). Results and Discussion The results of the in vitro tests elucidated a considerable genotoxic, cytotoxic, mutagenic, bacteriotoxic, embryotoxic and estrogenic burden in the upper Danube River, although with a very inhomogeneous distribution of effects. The samples taken from Riedlingen, for example, induced low embryo toxicity, but the second highest 17β-estradiol equivalent concentration (1.8 ng/L). Using the fish egg assay with native sediments, a broad range of embryotoxic effects could be elucidated, with clear-cut dose-response relationships for the embryotoxic effects of contaminated sediments. With native sediments, embryotoxicity was clearly higher than with corresponding pore waters, thus corroborating the view that – at least for fish eggs – the bioavailability of particle-bound lipophilic substances in native sediments is higher than generally assumed. The effect observed most frequently in the fish egg assay was a developmental delay. A comparison of our own results with locations along the rivers Rhine and Neckar demonstrated similar or even higher ranges of ecotoxicological burdens in the Danube River. Conclusions The complex pattern of ecotoxicological effects caused by environmental samples from the Danube River, when assessed in an in vitro biotest battery using both acute and more specific endpoints, showed that integration of different endpoints is essential for appropriate hazard assessment. Overall, the ecotoxicological hazard potential shown has indeed to be considered as one potential reason for the decline in fish catches at the upper Danube River. However, based on the results of this pilot study, it is not possible to elucidate that chemically induced alterations are responsible for the fish decline. Recommendations and Perspective . In order to confirm the ecological relevance of the in vitro results for the situation in the field and especially for the decline of the grayling and other fishes, further integrated investigations are required. For linking the weight of evidence obtained by in vitro assays and fish population investigations, the application of additional, more specific biomarkers (e.g. vitellogenin induction, EROD and micronucleus assay) has been initiated in fish taken from the field as well as in situ investigations.     

论综合性自然资源立法

综合性自然资源立法是完善我国自然资源法制的最佳方案选择。本文以正确处理自然资源开发、利用、保护和节约之间的关系为基本内容,提出了以实现自然资源的优化配置和可持续利用为目标的综合性自然资源立法的基本原则,并对综合性自然资源立法进行了具体的框架结构设计。     

完善我国环境资源立法的若干思考

分析了我国现行环境资源立法中存在的一些问题 ,提出了完善的对策     

Tracer transport model at Japan meteorological agency and its application to the ETEX data

This paper describes the JMA tracer transport model and its sensitivity to model physics and initial conditions by using the ETEX data. Compared with observations, the model overestimates ground-level concentration in the early stage within about one day from the emission, possibly due to underestimation of vertical diffusion. In the early stage, the enhanced vertical diffusion effectively transports the tracer upward and decreases the ground-level concentration, while in the later stage, it enhances downward transports from the upper layer and increases the ground-level concentration. A conceptual model is given for understanding the vertical transport due to vertical diffusion. The horizontal diffusion introduced to the model has preferable impacts on forecasts especially in the early stage. Finally, we discuss the predictability of this model based on sensitivity to initial conditions of emission time and height.     

环境公益诉讼立法问题研究

随着社会生产力的飞速发展,环境问题日益突出。环境公益诉讼是解决环境问题,保护国家、社会和公众环境权益的基本形式和有效途径,也是最后屏障。从国内一起环境公益诉讼案件出发,借鉴国外特别是美国环境公益诉讼的经验,提出了建立我国环境公益诉讼制度的若干立法建议,旨在探索一条落实科学发展观的环境保护新思路。