我国水事纠纷解决机制探析

水事纠纷解决机制是一系列水事纠纷解决方式所组成的整体,该机制是民事主体或行政区域水资源权利受到侵害,以及遭受水污染侵权损害的重要救济途径。虽然我国相关法律对水事纠纷的解决方式已作出规定,但是这些法律规定较为分散、不系统,还没有形成一个有机的整体,造成运用该机制解决水事纠纷的效果较差。为了保障水事纠纷及时、有效地得以解决,完善我国的水事纠纷解决机制已迫在眉睫。     

Social responsibility and resource extraction: Are Chinese oil companies different?

In order to meet China’s rapidly increasing demand for oil, Chinese oil companies have been investing in oil production around the world. This article addresses one specific aspect of the more generalized fears expressed about China’s increasing demand for natural resources which is the impact that its oil companies will have on the corporate social responsibility (CSR) movement. In doing so, it limits its analysis to the three main Chinese oil companies: the China National Petroleum Corporation (CNPC), the China Petroleum and Chemical Corporation (Sinopec) and the China National Offshore Oil Corporation (CNOOC) and their investments in sub-Saharan Africa.     

STATE WATER PLANNING: A FORUM FOR PROACTWELY RESOLVING WATER POLICY DISPUTES1

ABSTRACT: In the arid West, the development and implementation of water policy often results in disputes among water users, resource managers, and policy makers. Although significant attempts have been made to improve public involvement and dispute resolution in water resources planning, the traditional planning process has not historically played this role for a variety of reasons. Water resources planning can become a forum for proactively resolving water policy disputes by employing the principles of environmental dispute resolution. The purpose of this article is to explore the role of collaborative, consensus-building planning processes in resolving water policy disputes. The Montana State Water Plan is evaluated as an example of such a process, and a model state water planning process is outlined.     

新《水污染防治法》第二十八条之法律适用解析

由于水资源的流动性,水污染事故常常影响到上下游不同的行政区的生态环境,跨行政区域水污染纠纷几乎成了中国水污染治理的一项制度痼疾。2008年新修订的《中华人民共和国水污染防治法》第二十八条对跨行政区域水污染纠纷的解决做了原则性的规定,所以根据该条的规定对跨行政区域水污染纠纷的范围、解决方式的效力以及救济方式进行研究,有利于更好的解决跨行政区域水污染纠纷。     

China's offshore petroleum frontiers: Confrontation? Conflict? Cooperation?

Asia's offshore, from North Korea to Indonesia, is becoming an increasingly important petroleum frontier, one disputed by various littoral states. The People's Republic of China (PRC) intends to become a major petroleum producer, with the offshore playing a major role. The paper examines: (1) important jurisdictional disputes; (2) accommodations between disputants; and (3) third-party involvements, such as the USA. Recent progress towards dispute solution has occurred - establishment of a Japan-Korea Joint Development Zone and a PRC overture towards Japan for settlement of suzerainty in the Senkakus. PRC and Vietnamese disagreements seem less tractable. New US policies towards the two Chinas, along with the USSR's support for Vietnam, further complicate the region's offshore disputes.     

INTER-STATE WATER DISPUTES: A CASE STUDY OF INDIA1

ABSTRACT: During the last 27 years of independence, a large number of inter-state water disputes cropped up over the use of rivers. Surprisingly enough, more disputes developed in this short period than in the earlier 200 years of the development of irrigation and so far none of the disputes has been permanently solved. The major rivers of India are all inter-state rivers and this is one of the more important reasons why some of them are not yet fully developed for irrigation or power production. The Union Government has set up, so far, only three tribunals to adjudicate inter-state disputes. But the problems do not end simply by setting up the tribunals. In practice, it has also proved a dilatory process. None of the tribunals has been successful in settling any dispute in the long years of their existence. There is no codified law prescribing rights and the notion of “equity” has come to prevail restraining the upper states from drawing such quantities of water as would injure the interests of the lower states. Though the general principle of equitable apportionment had been advocated many times, in practice each contending state had given this principle an interpretation that suited it. The basic principle would be to harness the rivers not for the benefit of a particular state but for the maximization of agricultural, industrial, and navigational potential in the areas served by the rivers.     

云南木本食用油料资源及其开发

食用油料木本化对我国具有重要的战略意义。云南具有丰富多彩的木本食用油料树种,本文记述了云南具有重要开发价值的３２ 科８４ 种食用油料树种,并提出了它的三个开发利用的方向。     

民事司法改革进程中环境纠纷行政处理问题探析

民事司法手段的局限性限制了司法手段在环境纠纷解决中的地位和作用。民事司法改革进程的深入发展和多元化纠纷解决机制的兴盛为环境纠纷的多元化解决途径带来了新的发展契机。环境纠纷行政处理的专业性、便捷性、可接近性决定了行政处理在环境纠纷解决中的独特作用和适用空间。在借鉴发达国家和地区环境纠纷行政处理的立法经验和灵活多样的纠纷解决途径的基础上,从环境纠纷行政处理专门立法、纠纷解决机构设置、纠纷解决方式、行政处理的纠纷范围、行政处理救济的程序保障等方面,提出完善我国环境纠纷行政处理制度的思考和建议。     

OIL EXPLORATION STRATEGIES FOR DEVELOPING COUNTRIES

This paper focuses on the roles of governments of developing countries in the oil exploration area; roles ranging from passive tax collectors to production sharers to full State ownership and control. The historical failure of governments to take full control of this key area is seen as partially due to myths: that only the big international oil companies have the necessary technology and capital and can afford the risk of oil exploration and development. Three case studies showing the large benefits to a developing country from full State control are examined: Mexico, India and Vietnam. It is concluded that only full State control can ensure that the riches of oil can be harnessed for a developing country, and governments are urged to develop greater knowledge both about the international oil industry and their country's potential resources.     

Game theory and environmental disputes

The courts have provided the traditional battleground for conflicts between environmental interest groups and those whose actions in some way have an adverse impact on the environment The judicial process is a time-consuming one in which all sides usually must concede to some points. Environmental disputes involve complex scientific issues which the court system is not set up to comprehend, so that the process gives the parties to a dispute the sense of having lost control of their own destinies. An increasing number of parties to environmental disputes are turning to negotiation, or mediation, as an alternative in which they can be active parties in the settlement-making process rather than the victims of a court-imposed solution When do the parties to a dispute choose a negotiated settlement over a court battle? To what extent does each party make the concessions necessary to reach an agreement? These questions can be answered by the game theory that provides a model for analyzing the negotiation process. This paper will apply game theory to two environmental conflict cases A series of questions pertinent to the analysis of all environmental disputes will be raised     

海上溢油应急处置技术探讨

海上溢油事故不仅给企业造成巨大经济损失,如果处置不当还将引发严重的环境污染事故。文章基于对大连"7.16"及BP"4.20"溢油污染事故处理方法分析,探讨了国内外海上溢油应急技术的发展概况,并结合中国石油企业海上溢油应急建设实际情况,探究了中国石油企业海上溢油应急处置的关键技术问题。为中国石油企业海上溢油应急管理建设和应急技术发展提供参考。     

采出水新型处理设备综述

介绍国外公司新开发的多种新型采出水处理设备的结构、性能和特点。这些新型的水处理设备投入生产后，使采出水水质得到提高并达到水质标准，其中有的设备已在国内油田引进，用于采出水处理，已经取得良好效果。     

回用锅炉的热采稠油采出水软化工艺

针对我国热采稠油油田所面临的采出水处理难的问题，对国内外热采稠油采出水的处理方法进行了广泛、深入、全面的调查研究。着重介绍了热采采出水作注汽锅炉给水的各种软化工艺及处理方法。     

装车油气回收技术的应用分析

结合我国"十二五"节能规划及石油消费情况,针对装车环节产生的油气浓度高、流量大的特点,从安全、环保、节能、经济效益几个方面阐述了油气回收的必要性和重要性,在此基础上,结合国内外的油气排放标准,重点对四种常用的油气回收技术—冷凝法、吸附法、膜分离法、吸收法从工艺特点、尾气排放浓度、投资、能耗、占地面积等几个方面进行了分析,并介绍了这四种油气回收技术的发展、现状及研究方向,从而进一步提出了油气回收技术的适用性建议。     

Evidence of hydrocarbon contamination from the Burgan oil field, Kuwait: interpretations from thermal remote sensing data

The paper presents the application of thermal remote sensing for mapping hydrocarbon polluted sites. This has been achieved by mono-window algorithm for land surface temperature (LST) measurements, using multi-date band 6 data of Landsat Thematic Mapper (TM). The emissivity, transmittance and mean atmospheric temperature were used as critical factors to estimate LST. The changes in the surface emissivity due to oil pollution alter the apparent temperature, which was used as a recognition element to map out oil polluted surfaces. The LST contrast was successfully used to map spatial distribution of hydrocarbon pollution in the Burgan Oil field area of Kuwait. The methodology can be positively used to detect waste dumping, oil spills in oceans and ports, besides environmental management of oil pollution at or near the land surface.     

高含硫化氢原油除硫技术研究与应用

针对新疆油田分公司采油一厂车89井区高含硫的问题,分别对硫化氢成因、转化机理及除硫方式进行研究,开展了化学除硫工艺技术、负压闪蒸除硫工艺技术以及催化曝气除硫工艺技术现场试验。试验结果表明:采用负压闪蒸除硫工艺、催化曝气除硫工艺及化学除硫工艺(HCS-4除硫剂加药浓度约1×104 mg/L、作用80s)处理后,可将车89井区原油中硫化氢浓度降至安全阈限值15mg/m3以下。     

滨州市沿海防潮工程的生态响应

地处黄河三角洲腹地的滨州沿海为风暴潮多发区,沿海防潮工程建设已取得了显著的经济社会效益,同时也带来了一些负面生态效应,主要表现在:海岸侵蚀、潮滩潮沟退化、贝壳堤岛部分丧失、鱼类回游通道截断和入海河流水质恶化等。建议今后应加强防潮工程生态影响监测与评价,海岸带生态修复和防潮工程技术研究,以充分发挥沿海防潮工程的作用。     

A case study of the opportunities and trade-offs associated with deproclamation of a protected area following a land claim in South Africa

Reconciling conservation and social justice imperatives is a major challenge facing many postcolonial states worldwide. Where historically disenfranchised communities have laid legal claim to protected areas, the typical resolution has been collaborative management agreements between the state and claimant communities. The real outcomes of such strategies for people and ecosystems have been seriously questioned, although alternative approaches are seldom explored. Here, we reflect on one such alternative that was pursued in a case in South Africa, where the land was handed back to the community and a replacement protected area created. Our objective was to explore the opportunities and trade-offs associated with this approach for communities and conservation agencies alike, and to compare these to typical collaborative management outcomes. Methods included key informant interviews, focus group discussions and household surveys. We find that, surprisingly, this approach created more benefits for the conservation agency than for claimant communities. Indeed, the community experiences bore a striking resemblance to those experienced in collaborative management settings: intra-community conflict, confusion over leadership and serious questions about the boundaries of the “community”. Processes aimed at redressing past injustice in disputes over conservation land, regardless of the approach adopted, must bring with them a strong commitment to building institutional and leadership capacities within communities, and pay serious attention to the ways in which equity and social justice can be fostered after the settlement of a land claim. Settlement agreements are frequently treated as the final step towards social justice, but are in fact just the beginning.     

油田冲砂清洁生产工艺的研究应用

针对传统的油井清砂方法易产生环境污染的现状,胜利采油厂对油田修井冲砂工艺进行了改进,通过改装设备;改进捞砂工艺等措施,自2000年1月至2001年11月,已经实施捞砂作业井417口,一次成功井373口,一次成功率为89.45%。工艺改进实施后,还节省了化学堵剂的使用;杜绝了油层污染;减轻了现场操作人员的劳动强度和冲砂事故发生率,初步实现了油田修井冲砂施工的清洁生产。     

The supply and demand outlook for energy in the Asia—Pacific region

Years of strong economic growth in the Asia—Pacific region have resulted in unprecedented increases in energy demand in the region, particularly for oil and gas. The supply of oil and gas to the region will become more problematic as the decade progresses. Already 50% dependent on imported oil, this figure will rise to nearly 65% by 2000. Because high rates of domestic oil demand growth among traditional petroleum exporters - Indonesia. China and Malaysia - will absorb exportable surpluses, the region will find itself dependent on the Middle East for at least 90% of its imported oil needs by 2000. Currently linked to oil, LNG prices cannot justify the investments needed to bring new greenfield projects on line. With demand expected to exceed 67 million tonnes (Mt) in 2000 and 100 Mt in 2010. over 50 Mt of new capacity will be needed; satisfying this demand will necessitate a new pricing structure for LNG, raising the price substantially above the relative price of crude oil.