论水污染物排放许可证制度的法律规制——《中华人民共和国行政许可法》在水污染防治中的作用

我国部分地方规定了水污染物排放许可证制度,由于此类法律文件法律效力的低层级性,制约着水污染防治的司法与执法实践。提高设定该制度法律文件效力位阶,不仅可以解决调整该制度法制不统一状况,而且为其进行法律规制提供了直接、具体的法律依据。对促使排污主体科学、合理排污将起到积极作用。     

Tackling the issue of rural–urban water transfers in the Ta'iz region, Yemen

The Ta'iz region of Yemen is facing serious water problems. Total water use has become unsustainable. While agriculture places a heavy demand on the region's water resources, supplies for the fast growing city and the industrial sector are severely rationed despite their much higher willingness-to-pay for water relative to the returns on most agricultural uses. The article considers several decentralized management options for enhancing sustainability and improving intersectoral water allocation. These include, taxing groundwater extractions, taxing inputs used in pumping groundwater, and implementing a tradable water rights regime. The first two options could lead to resource conservation but are politically difficult to implement and may not necessarily result in better intersectoral water allocation. The tradable water rights regime has potential for achieving the twin objectives of resource conservation and improved intersectoral resource allocation. If farmers' de facto water rights were legitimized, this option would be more acceptable to them. However, the following additional conditions need to be met for making the option viable: (a) a set-aside allocation is made for lifeline supplies for the poor; ( b) the water law provides for separation of water rights from land rights; and (c) community organizations are involved as co-managers of the region's water resources.     

The Worldwide Availability of Fluorspar

This paper reviews a recent assessment of fluorspar reserves and resources for 13 market economy countries and the People's Republic of China, and how they relate to the overall availability of fluorspar on the world market. Current world production, consumption and world trade issues are discussed.
Nearly 5 million tonnes of fluorspar were produced in 1985, and approximately 60% of that enters the world export market. In recent years world trade has started to shift away from the acid, metallurgical and ceramic grades of fluorspar, as ore-producing countries look towards higher-value downstream products.
Total potentially recoverable fluorspar from 52 major producing mines and deposits is estimated at nearly 95 million tonnes (as of January 1985). The Republic of South Africa accounts for 31% of the reserves, with Mexico and the People's Republic of China each contributing 18%.
The average total cost and availability of fluorspar is evaluated. Approximately 75% of acid-grade fluorspar evaluated is potentially available at or below a 1985 constant-dollar cost of US$110 tonne⁻¹. Nearly 94% of metallurgical grades are potentially available at costs of US$75 tonne⁻¹ and below, and virtually all of the ceramic grades could be produced at costs below the 1985 reported market price of US$103 tonne⁻¹.     

论我国《海域使用管理法》的修订

《海域使用管理法》对中国海洋法制建设具有重要意义。该法施行以来,我国海域使用管理配套法规体系日趋完善,海洋功能区划、海域有偿使用等制度日臻成熟。《海域使用管理法》实施已逾15年,我国经济社会生活发生了巨大变化,中国特色社会主义法律体系不断完善,该法暴露出来的问题日益增多,亟待修订:首先,立法理念应由"重发展,轻保护"向"海域资源和海洋环境保护优先"变革。其次,应完善海域使用权制度,突出海域使用权的物权性,强化该法的私权色彩,将海域使用权的成立时间修改为"完成登记之日"。在围填海管理方面,应理顺围填海建设项目的审批程序,提高行政效率;建立填海造地指标管理制度。最后,在法律责任方面,应明确"恢复原状"的适用条件;修改罚款的计算方法,对于具有持续性的严重海域违法行为可以引入"按日处罚"制度;增加刑事责任条款;赋予海洋行政执法机构必要的行政强制手段。     

新时期基层环境监察执法理念转变的探讨

通过对广元市环境监察执法工作从传统环境监察执法向新时期环境监察执法转变的思考,认识到新时期基层环境监察执法应从接受新思想、新事物、新监察手段、新执法范围和新执法模式上转变,使新的执法理念满足新时期经济发展要求。     

ADAPTATION TO ARIDITY: WATER DEVELOPMENT IN SOUTH AFRICA1

ABSTRACT The Republic of South Africa, legatee of a three-century history of recurring drought, is firmly committed to a program of the optimum use of its water for the national benefit. Its water law encourages centralized planning in that water is held to be the property of the state and is assignable without requiring acquiescence by the basin or province of origin. Interbasin diversions from the Tugela River to the Vaal River Basin, from the Orange River to the Fish and Sundays River Basins, and from several basins to Cape Town are under construction as are facilities for water importation from Lesotho and Angola. For satisfaction of demands beyond the year 2000 the nation may depend increasingly on a shift of its power production and water-using industry from the coal fields of the central plateau to nuclear power development with associated desalination along its coasts. Alternatively, and preferably, it may cooperate in a co-prosperity bloc in Southern Africa aiding the economies of its neighbors by development for mutual advantage of the water and power resources of the Okavango and other northern rivers.     

基于RS/GIS技术的“十一五”期间塔里木河流域生态环境质量综合评价分析

"十一五"是新疆经济飞速发展的五年,同时也是重大生态保护工程十五实施期。本文采用国家环境保护部制定的《生态环境状况评价技术规范》(HJ/T192-2006)分别对新疆"十五"末与"十一五"末生态环境质量进行综合评价分析。结果显示:塔里木河流域生态环境质量总体处于较差水平,各县(市)生态环境质量以较差和差为主,二者面积总和在全区总面积60%以上;与"十五"末相比,全区生态环境质量保持稳定,无明显变化。呈现总体趋于稳定,局部区域有所改善的特征。     

财产保全法律制度浅探

关于财产保全制度我国民事讼诉法及最高人民法院的司法解释规定的不完善,有些制度应在立法上加以规定,并严格申请财产保全的条件,将司法实践中行之有效的财产保全的做法上升为法律规定,使我国的财产保全制度更加完善、科学。     

Toward an improved legislative framework for China's land degradation control

The Chinese government has recently been attaching increasing importance to the application of effective legal tools to tackle land degradation (LD) issues. Based on the concept of sustainable development, China began developing and reaping the benefits of environmental and natural resources legislation including LD control regulations in the 1990s. In the past three years, some central‐western provinces in China have been implementing a “ People's Republic of China/Global Environment Facility (PRC/GEF ) Partnership on LD Control of Dryland Ecosystems”, which is based on an integrated ecosystem management (IEM) approach. IEM is designed to achieve a balanced, scientific and participatory approach to natural resources management, which creates the potential to improve the quality of Chinese environmental law and policy procedures. The paper studies the existing Chinese national laws and regulations pertinent to LD control within 9 areas covering land, desertification, soil erosion, grassland, forest, water, agriculture, wild animals and plants, and environment protection in detail, against IEM principles and basic legal elements. The main objective is to identify problems and provide feasible solutions and recommendations for the improvement of the existing laws and regulations. The authors conclude that the development of an improved national legislative framework is essential if LD control is to be successfully achieved. The paper is partly based on Component 1 — Improving Policies, Laws and Regulations for Land Degradation Control under PRC/GEF Partnership on Land Degradation in Dryland Ecosystems (TA 4357).     

Environmental impact assessment in the People's Republic of China

Environmental impact assessment (EIA) procedures have been in existence in the People's Republic of China over the last decade. The impetus for China's introduction of EIA was provided by the Environmental Protection Law of the People's Republic of China, which was adopted by the Fifth National People's Congress in 1979. The EIA process, which is administrative and not statutorily mandated, has been applied primarily to construction projects. Four stages are typically involved in an EIA investigation: design of the investigation, evaluation of background environmental quality, prediction of environmental impacts, and an assessment and analysis of the environmental impacts. A variety of approaches is used for predicting and analyzing environmental impacts, ranging from ad hoc methods to fairly sophisticated mathematical models. The results of the EIA investigation are compiled in an environmental impact statement, which is used as the basis for decision making by personnel in environmental protection departments. The EIA process does not include provisions for citizen notification or involvement. Views differ concerning the effectiveness of the EIA program in protecting China's natural, social, and cultural environments. Some hold that the EIA program has brought about improvement in environmental protection, while critics contend that the program has had little effect in the prevention of pollution. However, most, if not all, observers seem to feel that the program should be continued and improved. A major avenue for improvement is to place the evaluation of a particular project in a regional context. An earlier version of this paper was distributed at a workshop on Environmental Assessment Development Planning held in conjunction with the VII Annual Meeting of the International Association for Impact Assessment, Brisbane, Australia, July 5–8, 1988.     

Land use and management in the People's Republic of China

Widespread disregard for essential principles of sound environmental management and protection during the three decades of Communist rule prior to 1980 have exacerbated traditional shortages of good arable land and productive forest cover in the People's Republic of China. The government's policies have also drastically reduced valuable freshwater surfaces, caused extensive grassland deterioration and soil erosion, and brought about many local and regional climatic changes. However, new policies put into effect recently are attempting to reverse these trends with a sound ecosystemic approach to land management.     

环境行政公益诉讼中检察机关与公众的合作机制研究

《中华人民共和国行政诉讼法》的最新修改增加了检察机关提起行政公益诉讼的规定。从此前试点情况看,生态环境和资源保护案件在行政公益诉讼案件中占比最大,加之"生态文明"入宪,此类案件在今后一段时间依然会是行政公益诉讼的重点。制度虽已建立但落实千头万绪,检察机关面临诸多困境。在党的十九大提出的构建"全民共治"的环境治理体系框架下,基于此类诉讼的公益性,寻找公众与检察机关之间的合作空间,可以实现多赢。     

论独立环境监察执法体制与机制的建构

通过实证考察可知,目前我国环境监察执法体制有自身的特点,同时也存在一些缺陷,制约了生态环境执法的有效性。独立环境监察执法体制是应对执法困境的良药,该体制具有特殊的内涵,其既具有理论基础也具有政策依据。在分析域外环境执法的经验基础上,针对我国环境执法体制存在的问题,独立环境监察执法体制与机制的建构应当遵循以下路径。首先,独立环境监察执法体制与机制的建构应当遵循合法、效能与环境执法特殊性相契合的原则。其次,建议通过保障组织机构的独立,扩充环保部门的权力,加强环境执法的财政保障以及确立环境执法的独立责任等措施构建起独立环境监察执法体制。再次,通过规范的程序机制、确立综合协调机制、强化责任追究机制、协调激励和制约机制、优化公众参与机制、探索建立环保警察制度等措施完善环境监察执法机制。最后,独立环境监察执法体制与机制需要法律保障。     

Are consumers willing to pay for conservation agriculture? The case of white maize in the Democratic Republic of the Congo

Throughout the low-income world, agricultural producers have a motivation to slash-and-burn rainforests as they cannot afford inorganic fertilizers. Farmers in the Democratic Republic of the Congo (DRC), who are predominantly women, are often forced to walk long distances to cultivate more productive lands, when fertility near their villages is reduced. On their way and while working away from home, women become targets for rape. Adopting conservation agriculture (CA) could help mitigate deforestation and potentially create a safer environment for women. Limited knowledge about the benefits of CA across countries in Sub-Saharan Africa (SSA) has hindered its adoption. Taking these impediments into account, we estimate if consumers in the DRC are willing to pay (WTP) a premium for CA, using maize flour as the medium. By means of a double-bounded dichotomous choice valuation method, 600 consumers in Bukavu, DRC, were surveyed about their willingness-to-pay for CA-produced maize. Our study finds that only those consumers who identify themselves as farmers are WTP a premium. This study indicates that if CA adoption is to spread in the DRC, it will likely need to happen via increased yields or reduced costs before the farm gate and not premiums after the farm gate.     

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.     

Drying of salted silver jewfish in a hybrid solar drying system and under open sun: Modeling and performance analyses

This study investigated the thin-layer drying kinetics of salted silver jewfish in a hybrid solar drying system and under open sun. Ten drying models were compared with experimental data of salted silver jewfish drying. A new model was introduced, which is an offset linear logarithmic (offset modified Page model). The fit quality of the models was evaluated using the coefficient of determination (R²), root mean square error (RMSE), and sum of squared absolute error (SSAE). The result showed that Midilli et al. model and new model were comparable with two or three-term exponential drying models. This study also analyzed energy and exergy during solar drying of salted silver jewfish. Energy analysis throughout the solar drying process was estimated on the basis of the first law of thermodynamics, whereas exergy analysis during solar drying was determined on the basis of the second law of thermodynamics. At an average solar radiation of 540 W/m² and a mass flow rate of 0.0778 kg/sec, the collector efficiency and drying system efficiency were about 41% and 23%, respectively. Specific energy consumption was 2.92 kWh/kg. Moreover, the exergy efficiency during solar drying process ranged from 17% to 44%, with an average value of 31%. The values of improvement potential varied between 106 and 436 W, with an average of 236 W.     

Why Mami Wata matter: Local considerations for sustainable waterpower development policy in Central Africa

This paper is based on the author's fieldwork on the incorporation of local cultural understandings in the design of rural sustainability projects in the Democratic Republic of Congo. It explores several narratives about Mami Wata, mythological aquatic figures widely known in West and Central Africa, and their meanings for small-scale waterpower development projects, or micro-hydros. Careful examination of such narratives represents one way in which local conceptions and understandings can inform rural development policy, especially with regard to the social distribution of the benefits such projects aim to bring. When designing policies, development agents and agencies would do well to take these mythological and spiritual dimensions of local people's reality seriously rather than dismiss them as irrelevant, or simply as non-empirical phenomena and therefore without effects. The paper concludes with some concrete suggestions for policy action, paying special attention to how researchers and policymakers can work together to integrate local understandings more effectively into rural development strategies.     

Electrification of rural areas by solar PV

More than 2000 million people, mostly in developing countries, live in rural areas without access to grid connected power. Conventional approaches to supplying power, whether through extension of existing grids or through stand-alone 'minigrids' based on diesel generator sets, or even on renewable energy minigrids, require large investments which are unlikely to receive priority in competition with more economically and politically attractive investments in urban areas. Domestic PV lighting and broadcast reception kits (DLKs), comprising, typically, a 30–60 W panel, an automotive battery, a charge indicator, and dc fluorescent lamps can be furnished and installed for about $500. DLKs are now used in the Dominican Republic, Kenya, Sri Lanka and many other countries. DLKs provide a minimum essential service with low overheads. Given the necessary credit facilities, they can give better service at comparable costs in comparison with kerosene lamps and dry cell powered radios. They also permit a substantial degree of local manufacture, thus saving on foreign exchange. This movement is starting in many countries on a purely commercial basis. The process could be greatly accelerated if 'seed money' in the form of revolving funds could be made available.     

环境责任原则探析

环境法是一个新兴的部门法,对其基本原则的认定在学界观点颇多,没有形成统一的认识。环境责任原则在我国经历了一个从发展到完善的过程,体现了环境公平与正义的价值取向,反映了环境法可持续发展的本质特征,应该作为环境法的基本原则。同时,应通过法律制度的建设贯彻该原则,以发挥其对环境资源开发、利用、保护和管理等活动的指导作用。     

论服务理念在环境执法中的确立

在我国，环境执法主要是在强制理念的指导下进行，但是从执法效果来看，缺乏长期性、稳定性，因此，有必要借鉴新兴的环境管理理念和美国环境执法的经验，建立起以服务为理念的环境执法体系。首先应该确定服务对象，其次应当明确服务内容，最后应该建立环境执法中的服务体系，从而通过服务使得环境执法机关与企业、公民获得环保共识，减少环保执法压力，促进社会和谐发展。