新发展阶段中国矿山安全法规标准体系研究*

为充分发挥立法的引领和推动作用,不断完善中国矿山安全法律法规体系,分析我国矿山安全领域的立法现状,借鉴美国矿山安全立法经验及启示,立足于我国矿山安全监管监察体制革新的新形势和新要求,提出了以《矿山安全法》为基本法,以行政法规、部门规章、监察手册和强制性标准为支撑的新发展阶段矿山安全法规标准体系,为中国矿山安全领域立法提供参考。     

欧盟包装废物管理和总体产生特性分析

欧盟旱在1994年就颁布了包装和包装废物的指令,提出了包装废物管理的目标和管理内容,要求各成员国采取积极的经济和法律措施,建立自由流通的公平市场秩序。通过研究评估表明,包装和包装废物指令的实施产生了多方面的积极影响。统计数据表明,历年包装废物回收总量平稳增加,处置量平稳下降,单位GDP产值产生包装废物的系数基本保持稳定,但各国包装废物人均产生量存在较大差异。     

Optimization of the recovery of plastics for recycling by density media separation cyclones

Material recovery processes are presented as the optimum option for recycling plastic wastes as a means of recovering hydrocarbon resources. There exist a large variety of automated material recovery processes for recycling of such wastes but each with significant limitations. Of these, the separation based on differences in densities is advocated as the optimum process either for producing recycled products or preparing wastes for subsequent recovery processing.Density separation processes based on cyclone type density media separation (DMS) is presented as an important, potential method for increasing plastics recycling process capacities. It is demonstrated to have the capacity to separate a significantly larger range of particle sizes than those presently processed industrially. The mathematical relationship for the prediction of quality of typical LARCODEMS type density media separations by particle size and density as expressed by the Ecart Probable is presented.A proposed device configuration is presented for density media separation to optimize the recovery and purity of both density fractions produced. It is also suggested that to be economically viable, a large scale of operation is required for industrial plastics recycling operations recovering and producing a number of different plastics with a purity to be used as a substitute for virgin material.     

生态文明下的环境法制

生态文明建设的进程受到诸多因素的制约,如生态环境意识、环境立法、行政执法和司法缺陷、法律政策等,同时生态文明建设中面临诸多的难题,如公众参与、生态补偿、环境责任及环境纠纷等,应通过完善立法、执法及司法建设,以及完善公众参与机制、生态补偿机制、环境公益诉讼制度等保障机制来解决这些问题。本文首先通过比较分析生态文明与环境法制的关系,结合我国生态法制建设困境,提出了完善生态文明建设的一系列的环境法治保障措施,即从立法、执法、司法角度,从而实现科学发展观,构建和谐社会,最终实现环境—社会—经济协调发展的任务。     

Enhancing corporate compliance with worksite safety and health legislation

Introduction: A 2-year prospective study evaluated the effectiveness of a managerial training program to enhance corporate compliance with statewide worksite safety and health regulations. The program offered participants information about regulatory requirements and emphasized organizational and environmental strategies for reducing occupational injuries and illnesses. Objectives: To assess the effects of a train-the-trainer program on business managers' knowledge of statewide occupational safety and health legislation and on levels of corporate compliance with regulatory requirements. Methods: Forty-eight small- and medium-sized companies participated in the training sessions during the first year of the study. These firms were compared with 46 control companies that did not receive the training until the conclusion of the study. Results: Participation in the program was associated with higher levels of corporate regulatory compliance 12 months after the training sessions were held (controlling for baseline levels of corporate compliance with the regulations). Program effects on compliance levels were mediated by posttraining changes in managers' knowledge of regulatory requirements. Conclusions: The REACH OUT training program raised managers' awareness of and corporate compliance with statewide worksite safety and health regulations. Impact on Industry: Smaller companies face greater challenges than larger ones in developing and maintaining worksite safety and health programs. Barriers to regulatory compliance, especially in small- and medium-size companies, should be identified and removed to enhance the efficacy of these programs.     

化学品立法与环境保护

随着化学工业的快速发展,我国化学品的产量和贸易量呈逐年增加的趋势,因化学品所导致的环境污染也越来越严重.伴随着化学品贸易与环境管理的国际一体化趋势以及国内对环境保护的呼声越来越高,迫切要求建立、健全化学品环境管理法规.在对比分析了美国、欧盟、日本等发达国家或地区化学品立法特征的基础上,阐述了我国在化学品立法方面存在的缺陷,如预防预警、源头控制理念不足,缺乏优先管理和风险管理制度,监督管理环节薄弱,以及缺乏各部门之间协调配合的监督管理机制等;分析了我国化学品立法的必要性和紧迫性,提出了重点针对有毒有害化学物质进行管理的预防为主、源头控制、风险管理以及全过程管理的立法理念,并对立法管理对象以及需建立的管理制度和标准等主要内容提出了建议.      

流域立法视角下生态流量保障的制度供给--以长江流域为例

生态流量保障的重难点在于流域生态流量不足问题的妥善解决。生态流量不足基于产生的原因可分为“自然型”和“人为型”。“人为型”生态流量不足的根源在于《水法》第4条规定的三生用水关系未得到妥善处理,实质上是水资源分配和管理不合理所致。具体表现为水资源保护理念镶嵌在制度表层、生态流量缺乏核心制度保障、流域规划匮乏强效监督机制、流域水资源分配信息公开不足、末端行政考核制度偏重水质管控、生态用水制度顶层设计与地方实施间落差巨大等。流域立法作为立法体系的中间环节,对上位法具有填补协调功能,对地方立法具有引领指导作用。建议在流域立法过程中,通过制度设计解构流域生态流量保障现存的制度困境,主要包括以下几个方面:一是完成流域特有保护理念到实体制度的转型。二是基于流域生态修复、水资源生态红线管控制度的开展以及有效衔接规划环境影响评价制度的需要,建立生态流量管控指标制度体系不可或缺。三是基于流域规划对三生用水的初始分配性,将生态流量供给纳入流域规划体系中,从水资源分配初始阶段保障生态流量,同时强化流域水资源规划制度的监督机制,健全规划制定的程序性规范,明确科学考察和调查评价人员的构成规则、方式及模式。四是依法加深政府信息公开程度保障公众的知情权、参与权及监督权。五是完善行政考核制度体系强化对生态流量供给的考核。     

Effect-Directed Analysis of Key Toxicants in European River Basins. A Review (9 pp)

Background, Aim and Scope Extensive monitoring programs on chemical contamination are run in many European river basins. With respect to the implementation of the European Union (EU) Water Framework Directive (WFD), these programs are increasingly accompanied by monitoring the ecological status of the river basins. Assuming an impact of chemical contamination on the ecological status, the assignment of effects in aquatic ecosystems to those stressors that cause the effects is a prerequisite for taking political or technical measures to achieve the goals of the WFD. Thus, one focus of present European research is on toxicant identification in European river basins in order to allow for a reduction of toxic pressure on aquatic ecosystems according to the WFD. Main Features: An overview is presented on studies that were performed to link chemical pollution in European river basins to measurable ecotoxic effects. This includes correlation-based approaches as well as investigations that apply effect-directed analysis (EDA) integrating toxicity testing, fractionation and non-target chemical analysis. Effect-based key toxicants that were identified in European surface waters are compiled and compared to EU priority pollutants. Further needs for research are identified. Results: Studies on the identification of effect-based key toxicants focused on mutagenicity, aryl hydrocarbon receptor-mediated effects, endocrine disruption, green algae, and invertebrates. The identified pollutants include priority pollutants and other well-known environmental pollutants such as polycyclic aromatic hydrocarbons, polychlorinated dibenzo-p-dioxins, furans, and biphenyls, nonylphenol, some pesticides and tributyltin, but also other compounds that were neither considered as environmental pollutants before nor regulated such as substituted phenols, natural or synthetic estrogens and androgens, dinaphthofurans, 2-(2-naphthalenyl)benzothiophene, and N-phenyl-2-naphthylamine. Discussion: Individual studies at specific sites in a European river basin demonstrated the power of combined biological and chemical analytical approaches and, particularly, of effect-directed analysis. However, the available information on effect-based key toxicants is very limited with respect to the entirety of rivers possibly at risk due to chemical contamination and with respect to toxicological endpoints considered at a specific site. A relatively broad basis of information exists only for estrogenicity and aryl hydrocarbon, receptor-mediated effects. Conclusions: The development of tools and strategies for an identification of key toxicants on a broader scale are a challenging task for the next years. Since investigations dealing with toxicant identification are too labor and cost-intensive for monitoring purposes, they have to be focused on the key sites in a river basin. These should include hot spots of contamination, particularly if there is evidence that they might pose a risk for downstream areas, but may also involve accumulation zones in the lower reach of a river in order to get an integrated picture on the contamination of the basin. Perspectives: While EDA is almost exclusively based on measurable effects in in vitro and in vivo biotests to date, an increasing focus in the future should be on the integration of EDA into Ecological Risk Assessment and on the development of tools to confirm EDA-determined key toxicants as stressors in populations, communities and ecosystems. Considering these requirements and applied in a focused way, toxicant identification may significantly help to implement the Water Framework Directive by providing evidence on the main stressors and possible mitigation measures in order to improve the ecological status of a river ecosystem.     

Heavy Metals in Organs and Tissues of the European Black Vulture (Aegypius monachus): Dependence on Living Conditions

The distribution of Fe, Zn, Cu, Cd, Mn, Pb, and Ni in the organs and tissues (kidneys, liver, lungs, brain, heart, muscles, and feathers) of the European black vulture (Aegypius monachus) was studied. It was shown that heavy metals were not responsible for the mass mortality of these birds in southern Primorye in the winter of 2001–2002. The level of pollution with heavy metals of the range of European black vultures wintering in this region (northern China and western Mongolia) may be regarded as insignificant.     

A Report on the International Conference on Climate Policy after Marrakech: Towards Global Participation

The East-West Center convened the international conference on climate policy in Honolulu, Hawaii, on September 4–6, 2003. Sponsored by the Dutch Ministry of Housing, Spatial Planning and the Environment, the Japanese Ministry of the Environment, Industrial Technology Research Institute (Taiwan), and Institute for Global Environmental Strategies (Japan), this major event covered almost every important issue and featured perspectives from the most important parties and stakeholders in formulating and implementing climate policies and taking international climate negotiations further. It brought together a remarkable cross-section of world opinion on climate policy after Kyoto. This report provides a summary of each presentation and highlights discussions organized under the following six session headings: Session 1: Climate Change in Focus – From Science to Policy; Session 2: U.S. Climate Policy and Perspectives; Session 3: European Union Climate Policy and Perspectives; Session 4: Challenges for other Major Industrialized Countries; Session 5: Issues Related to Developing Countries; and Session 6: Panel Discussions: Where Do We Go from Here?.