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。     

A conceptual approach to model sand–gravel extraction from rivers based on a game theory perspective

Sand–gravel mining is a significant parameter of economic development and social welfare function in modern societies. As demand for aggregate increases in construction industry, conflicts for the availability of the resource and environmental impacts become more intense. The present paper describes the contested status quo in riverbed sand–gravel mining activities with an example from Greece, as a case study. The scope is to propose a methodology about good governance of the mining sector that promotes a sustainable sharing of aggregate resource by securing environment and safekeeping revenues in the mining trade market.     

Public participation in municipal solid waste source-separated collection in Guilin,China: status and influencing factors

Currently, China is facing critical problems regarding the management of municipal solid waste (MSW). The failure of existing pilot programs in implementing MSW source-separated collection highlights the need to analyze the factors significantly influencing public participation in this activity. To this end, a comprehensive analysis of MSW source-separated collection in Guilin, which is representative of wider areas located in inland China and with a GDP around the national average, was conducted. The research consisted of in-person interviews involving a questionnaire and theoretical analyses in terms of public perception, public awareness, public attitude, and willingness to pay. The analytical results identify the status of waste source-separated collection and influencing factors in implementation, and provides exercisable suggestions for decision makers in both China and more generally in industrializing countries to design promotion programs and education campaigns.     

Implementing the European flood risk management plan

In response to the extreme flood events of recent decades, the European Union has released the Floods Directive (2007/60/EC), which requires the creation of flood risk management plans. These plans do not yet exist in practice, as water management agencies have until 2015 to put them into action. This contribution will discuss two questions regarding the European flood risk management plan: First, how is the new instrument integrated into the various member states, particularly with respect to the scenario approach? Second, how prepared are the institutions for the collaborative planning paradigm of the flood risk management plan, particularly with respect to the river basin districts approach? Citing examples from France, Germany, the Netherlands, and Great Britain, this paper offers both a pessimistic and an optimistic perspective on the implementation of the new flood risk management instrument.     

浅谈循环经济立法及再生资源产业化发展

论述了循环经济法制化发展的重要意义.以再生水为例,指出我国再生资源产业化发展潜力巨大,大力发展再生资源产业,对发展我国循环经济,建设循环型社会具有重要意义.     

基于系统安全观的道路交通安全立法体系重构研究

介绍和分析现代道路交通安全治理的3种思想。应用其中非常值得我国借鉴的系统治理思想对现行道路交通安全立法进行分析。现行道路交通安全立法仅围绕驾驶人的行为控制而设计,围绕道路交通安全管理部门的职能而展开,在很大程度上局限于道路交通秩序管理,在体系上存在缺失,影响道路交通安全治理的工作及其成效。基于当前形势分析,我国有必要也有条件借鉴道路交通安全系统治理的先进思想,重新构建道路交通安全立法的体系。该体系的重构需从道路安全保障、车辆安全保障、交通秩序管理、运输安全运营、交通事故处理等5个方面展开。     

从《矿山安全和卫生公约》剖析我国矿山安全卫生立法

国际劳工组织制定的劳工标准在国际上被认为具有高度的权威地位,日益成为各国制定法律法规的标准文书。176号《公约》的目的是为了促进各国在矿山职业安全和卫生方面采取行动,制定国家矿山安全和卫生政策、法规和实施制度,并要求政府、主管部门、雇主、工人承担各自的职责,确保矿山职工拥有安全与健康的工作环境和体面的工作,促进采矿业的可持续发展。通过我国矿山法律法规与176号《公约》的比对分析,本文提出了应进一步完善访协商机制,明确主管部门职责,以法律法规形式明确义务,赋予工人安全与已生权利和义务等方面完善我国矿山安全和卫生法律法规建议。     

Mitigating the Effect of Development on Bats in England with Derogation Licensing

The Convention on Biological Diversity has catalyzed worldwide awareness of threats to biological diversity and stimulated global conservation strategies. These have led to national and international legislation and have generated debate about the most effective conservation actions. Under the EU Habitats Directive, all member states are obliged to establish a system for strict protection of species listed in Annex IV(a), which includes all bats. In England, this obligation has resulted in legislation that allows for derogation from strict protection under license, provided activities are undertaken to mitigate any potential negative effects on bat numbers. We used an evidence‐based approach to assess the cost‐effectiveness of mitigation strategies and the English bat‐derogation licensing process as a whole. We analyzed data from 389 bat derogation licenses issued in England from 2003 to 2005 relating to 1776 roosts and 15 species to determine the nature and extent of development and mitigation activities and their effects on bats. Overall the effects of licensed activities on roosts were negative. Despite the level of protection afforded to bats, the majority (68%) of roosts for which derogation licenses were issued were destroyed. There were species‐specific differences in the probability of roosts being destroyed, and impacts on roosts did not reflect a species’ conservation status. Information provided by licensees was inadequate and inconsistent. Most licensees (67%) failed to submit postdevelopment reports, and postdevelopment monitoring was conducted at only 19% of sites. Despite a minimum of £4.13 million spent on mitigation structures for bats from 2003 to 2005, it was unclear whether the licensing process meets EU obligations. On the basis of our results, we believe there is a need to overhaul the licensing process, to establish a comprehensive, standardized postdevelopment monitoring system, and to demonstrate that mitigation is commensurate with Britain's legal obligations. Mitigando el Efecto del Desarrollo sobre los Murciélagos en Inglaterra con Licencias de Derogación     

Australia and Russia: How do their environmental policy processes differ?

This paper focuses on comparative review and analysis of the systems of environmental protection, national environmental strategies and fundamentals of environmental legislation in Australia and the Russian Federation. These countries have many socioeconomic similarities, such as low population densities and richness in natural resources which are largely exported. The main disparity between Australia and Russia is in the types of economy. This paper ‘continues’ the sequence of recent scholarly publications on comparison of various features of environmental policies in the countries from all over the world. Comparative analysis in this research has been based on examination of scholarly publications, legislation, government documents, mass media sources and NGO responses. The analysis has revealed a number of differences including top-down implementation of policies in Russia whereas in Australia, each State (Territory) implements policies with significant independence from the Commonwealth Government. At the same time, similarities between the countries have been identified: for example, in deficits in the budget of local environmental authorities and in the presence of contradictions in legislation at national and regional levels of government. Suggestions resulting from this analysis include further integration of sustainable development strategies at all levels of Australian government to encourage further protection of the environment and, for Russia, creating a separate Ministry of Environmental Protection. These approaches should assist facilitation of sustainable development for both nations. Readers should send their comments on this paper to: BhaskarNath@aol.com within 3 months of publication of this issue.     

Impact of European legislation on marketed pesticides — A view from the standpoint of health impact assessment studies

The very significant impact of European legislation (Directive 91/414/EEC) on the authorization of plant protection products is reviewed herein, which has resulted in withdrawal of 704 active substances (AS) out of 889 assessed so far. The list of currently approved 276 AS includes 194 AS “existing” in the market before 1993 and 82 “new” AS introduced during the last 15 years. Results of toxicity characterization of the approved AS are also summarized, utilizing several well-known databases. Although significant data gaps exist for a rather large part of the approved AS, it is found that 84 AS are positive for at least one health effect (after chronic and/or acute exposure) including carcinogenicity, reproductive and neuro-developmental disorders, as well as endocrine disruption. The toxicity characterization results of this study are compared to those of recent assessments by other organizations (KemI, the Swedish Chemicals Agency, and the Pesticide Safety Directorate of the UK), where interpretation and use is made of AS “cut-off” criteria foreseen in new EU legislation. These studies report a comparatively smaller AS number with positive toxicity characterization. The possibility of some additional AS withdrawal in the near future, combined with the rather small rate of new AS introduction (approx. 5 per year) suggest that the list of approved AS over the next 10–15 years may not change very drastically. Consideration of the above trends is necessary and instructive in evaluating results of existing health impact assessment (HIA) studies, as well as in planning new ones. Due to the very drastic change in the number and type of marketed AS, that took place within the past 8–9 years, it is suggested that new HIA studies (based on epidemiological data after year 2000) should focus on a rather short time frame and, therefore, on appropriate cohort groups, e.g. young children. For the same reason, results of epidemiological studies of the past (involving banned AS) should be carefully interpreted and used with caution.