Policy And Practice The Future Tenure of Rural Public Lands in Slovakia

The adoption of democracy and the market economy ideology in post-communist Central and Eastern Europe is encouraging changes in rural public land policy. A system of state public land is being partly dismantled, to be replaced by private ownership.This paper exploresthe present dynamics of the rural public land reprivatization process in Slovakia. In Slovakia approximately 40% of rural public land are being reprivatized. Evidence indicates that the reprivatization of public land is having a detrimental effect on the management of State Forests, National Parks and game management.The integrated, centrally planned public land system of the communist era is being fragmented by reprivatization. This paper argues that this process is creating barriers to the achievement of the sustainable management of the natural resources of rural Slovakia. Recent Governmentof Slovakia laws and policies on sustainable development and environmental management, and adherence to international environmental conventions may provide opportunities for enlightened change in the reprivatization process. A public land system in a democratic free market economy can be an effective mechanism to secure the protection and the sustainable managementof forests, farmland, game, outstanding landscapes and wildlife. This is an opportune time to debate the future of rural public land in Central and Eastern Europe in order that enlightened policy making may be fostered.     

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。     

Social and Environmental Justice in South African Cities: Including ‘Invisible Stakeholders’ in Environmental Assessment Procedures

In South Africa an intensive reform process to democratize policy, legislation and related institutions in the country commenced after the first democratic elections in 1994. While environmental law reform includes active public participation and equity principles, it is proposed in this paper that ecological modernization dominates current environmental assessment practice. This paper presents a Social Impact Assessment (SIA) of a proposed landfill on the periphery of Durban, where large informal settlements and peri-urban areas exist as a relic of apartheid planning. The methodology of the SIA was explicitly designed within a framework of social justice to include poor and marginalized people, who remain excluded from environmental decision making despite the promise of democratic equality. The study claims to deepen democratic practice by demonstrating that alternative methodologies can be designed to include the interests of ‘invisible stakeholders’ in environmental assessments despite the dominance of ecological modernization in the implementation of environmental law and policy.     

论环境犯罪的构成要件

文章从环境犯罪的概念入手,进一步阐释环境犯罪的构成要件。通过对四个构成要件逐个剖析,对进一步完善环境刑法提出了自己的看法。     

Evaluating the Effectiveness of Act 250 in Protecting Vermont Streams

Vermont's progressive land development and land use law (Act 250), now 30 years old, provides district and state control over major developments through the review of environmental and planning criteria. Although it is comprehensive in nature, the law is applied on a case-by-case basis, which can make the results inconsistent. Up to now, there have been no significant studies of the role of Act 250 in conserving water quality through stream buffers. This research uses four case-studies of stream buffer use along Vermont streams as a step toward understanding and improving the role of comprehensive land use regulation in protective buffers. Such a study, while directly applicable to Vermont, could be useful to other states that are interested in improving compliance with existing regulations or in adopting new land use legislation.     

The limitations of environmental management systems in Australian agriculture

The efficacy of government-supported programs to encourage improved management of land and water systems associated with agricultural land in Australia has been mixed. The broad approach of Australian governments is reviewed briefly. Evidence is presented from case assessments of a program to promote adoption of environmental management systems (EMSs) to improve environmental outcomes from agricultural practices. EMSs are systems implemented to manage the environmental impacts and ameliorate environmental risk associated with business activity. Data are presented on reported EMS activity and experience of four selected groups of farmers in Victoria, south-eastern Australia, representing broad-acre cropping, beef and dairy farming. The pro-environmental behaviours of farmers were mediated through voluntary adoption of government and industry sponsored EMSs, often with financial incentives and other support. Findings from the study were that adoption of EMS practices with sufficient public benefits is unlikely to occur at sufficient scale for significant environmental impact. Farmers more readily adopted practices which were financially beneficial than those which had a positive environmental impact. Although the focus on voluntary market-based instrument (MBI) type programs is popular in western countries, enforcing regulation is an important, but usually politically unpopular, component of land use policy. The comparative advantage of EMSs differed for the industries studied, but overall there were insufficient market drivers for widespread EMS adoption in Australia. Environmental outcomes could be more effectively achieved by directly funding land management practices which have highest public net benefits. Having a clear and unambiguous management objective for a particular land management policy is more likely to achieve outcomes than having multiple objectives as occurs in a number of international programs currently.     

Design for environment: A new framework for strategic decisions

For most of its history of environmental protection, U.S. policy has concentrated on a pollution control strategy based on single medium emissions: air, water, or land. Efforts to mitigate environmental impacts to one medium often resulted in greater impacts to others. While much environmental improvement has occurred via this system over the last quarter-century, it is generally recognized that alternative strategies which address environmental impacts across all media in an integrated manner will be necessary for continued improvement. Increasingly, regulatory strategies that result in only passive compliance will be insufficient to meet these demands. This article demonstrates why new strategies which encourage proactive behavior are necessary. A new framework for making strategic decisions—design for environment—concerning the relation between our actions and environment is necessary to ensure a sustainable future.     

Environmental protection in Hong Kong amidst transition: Is Hong Kong ready to manage its environment by law?

Within the context of political democratization, this article explores environmental protection in Hong Kong since the government lauched a ten-year program to “save the environment” in 1989. Examining environmental management by law from a social-choice perspective, it argues that the government has yet to reach an integrative policy orocess. Hence the preconditions for an integrative set of environmental legislation are absent. Institutionally, without a comprehensive green policy, the current arrangements lack a vision as an integrative force to promote effective coordination among various sectoral environmental coordination among various sectoral environmental programs. The dominant approach of policy and law enforcement through consultation has rendered impossible strict enforcement of environmental rules and regulations as local economic growth enjoys a priority over environmental protection. At a time of environmental awakening, the people of Hong Kong are not yet prepared awakening, the people of Hong Kong are not yet prepared to participate in environmental management in a strict legal manner. The overall observation is that Hong Kong has yet to see more mature political, legal, administrative, and social conditions for managing its environment within a legal framework.     

The integration of regional environmental planning and physical planning in the Netherlands

In the Netherlands various fields of policy planning and decision making are related to the environment, of which physical land use planning and environmental planning are the most important. In the last 20 years the environmental effects of production, mobility and consumption in this densely populated country have increased. The location and land use of economic activities have therefore become a main concern for environmental policy which has as its aim the improvement and conservation of the quality of the natural and human environment. The prospects for a better co‐ordination and integration of the two policy ‘tracks’ have become a matter of political, scientific and public concern. In some regions the government has started experiments with more integrated environmental policy and management. This paper discusses some of the possibilities and limitations of this regionally oriented policy against the background of a more effective environmental policy, especially in two cases—a rural area in the province of Gelderland and the region of Schiphol Airport.     

Economic and financial aspects of mine closure

Today, mine reclamation is a key component to a successful mine plan. Most of the industrialized nations have recognized the need to make mining activities relatively environmentally friendly, if they want to continue to benefit from the economic gains from mineral resource development. Countries such as the United States, Canada, Australia and South Africa are leaders in the field and have implemented relatively sophisticated legislation to ensure environmentally correct mine closure. These countries rely on a combination of strict control strategies and economic penalties to ensure compliance. Yet, from the firm's perspective, reclamation activities are counterproductive as they cut into profits. In order to attract economic development and earn much needed economic capital, most of the rest of the world, particularly the developing countries, lack effective mine closure legislation. The traditional command and control type of legislation that is sometimes used is either vague and therefore avoided, or not enforced appropriately, resulting in an undesirable level of environmental degradation. With the use of case studies from Brazil, this article shows that direct controls are effective in some instances and not in others. It proposes that economic and financial tools may be more effective than the traditional direct controls in getting firms to comply with environmental standards, particularly in developing countries where environmental compliance is more difficult to achieve. It explains the use of performance bonding as one type of economic incentive that has proven to be an effective environmental policy in mine planning and closure. The authors additionally push beyond the typical style of performance bonds to introduce a flexible bonding and insurance system that allows governments to maintain strict environmental standards but limits firms financial exposure during the mining process. Such a system learns from the successes of the industrialized countries that use performance bonding and is sensitive to the needs of developing nations to attract investment yet maintain environmental integrity.     

Assessment of Compliance Performance of Environmental Regulations of Industries in Tuzla (Istanbul,Turkey)

Although environmental management in Turkey is evolving, its performance needs to be assessed in terms of the extent to which polluters and dischargers are complying with their legal obligations. In spite of this necessity, however, not a single study evaluating the effectiveness of command-and-control strategy of environmental management has been conducted. It is for this reason that it was decided to conduct an analysis of the impact of environmental legislation on a major industrial area in Turkey. Accordingly, Turkish environmental legislation was analyzed, and all relevant obligations and responsibilities of industry are identified. Based upon this appraisal, a questionnaire was prepared and used to conduct interviews in Tuzla, Istanbul. From the results, it can be concluded that environmental compliance performance of industry is low. The total of 92 parameters has been questioned. Fifty-three parameters have been found as satisfactory compliance, whereas 26 parameters have been classified as partial compliance and 13 as unsatisfactory compliance. The most important reason for inadequate performance is the lack of an effective national and local environmental compliance management system. The other leading reasons are found to be low-level environmental consciousness of the people, absence of environmental management system at the sites, inadequacies in environmental subsidies, and insufficiencies in public environmental infrastructure. Four recommendations are made to increase the effectiveness of compliance management: establishing an effective environmental compliance management system, accelerating public investment for environmental infrastructure, developing financial subsidies and incentive schemes for environmental investments, and encouraging voluntary initiatives.     

农村生态环境污染治理的法律思考

农村生态环境保护是乡村振兴战略的重要一步,但当前农村生态环境污染现状严重,亟待解决.运用案例分析和文献研究法对农村生产、生活现状进行分析.发现我国农村生态环境法制方面存在基本法律缺乏、执法不规范、农民环保意识淡薄的问题.而完善农村环境保护立法、强化农村环境保护执法、提高农民环境保护意识这三条路径能够有效解决农村环境法制...     

Golf Course Development in a Major Tourist Destination: Implications for Planning and Management

The planning and design of golf course developments is influenced by many factors. This paper focuses on the environmental ramifications of insufficient or lack of compliance with standard environmental and economic planning practices. Specifically, it looks at a tourist destination location that was under the influence of extensive land development and investment speculation. The Gold Coast in Australia was the focal point for large overseas investment due to changes in government legislation regarding foreign investment. Due to the economic climate in the second half of the 1980s many golf course resort developments were built, approved, or planned. Many of these circumvented normal business and environment planning processes. The result has been a dangerous concentration of golf facilities in environmentally sensitive areas and an oversupply of golf facilities. Both of these matters are discussed in terms of the general planning process and the potential economic and environmental impacts to the Gold Coast and similar destinations in other parts of the world.     

Reforming the National Framework for Environmental Policies in Saudi Arabia

The current framework for national environmental policies in Saudi Arabia suffers from overlapping authority, a slow decision-making process, gaps in legislation and implementation difficulties. The paper gives a brief assessment of the existing framework including: political culture; environmental decision making process; environmental institutions; and environmental awareness. This is followed by a proposal for reforming the current framework.The proposalcovers four main sectors: political culture and the public role; environmental decision making; environmental policies and laws; and institutional structure.     

Pragmatics of Policy: The Compliance of Dutch Environmental Policy Instruments to European Union Standards

Despite a general decrease in Dutch environmental emission trends, it remains difficult to comply with European Union (EU) environmental policy targets. Furthermore, environmental issues have become increasingly complex and entangled with society. Therefore, Dutch environmental policy follows a pragmatic line by adopting a flexible approach for compliance, rather than aiming at further reduction at the source of emission. This may be politically useful in order to adequately reach EU targets, but restoration of environmental conditions may be delayed. However, due to the complexity of today’s environmental issues, the restoration of environmental conditions might not be the only standard for a proper policy approach. Consequently this raises the question how the Dutch pragmatic approach to compliance qualifies in a broader policy assessment. In order to answer this question, we adapt a policy assessment framework, developed by Hemerijck and Hazeu (Bestuurskunde 13(2), 2004), based on the dimensions of legitimacy and policy logic. We apply this framework for three environmental policy assessments: flexible instruments in climate policy, fine-tuning of national and local measures to meet air quality standards, and derogation for the Nitrate Directive. We conclude with general assessment notes on the appliance of flexible instruments in environmental policy, showing that a broad and comprehensive perspective can help to understand the arguments to put such policy instruments into place and to identify trade-offs between assessment criteria.     

环境执法在环保垂改中的基本路径与主要任务

为积极稳妥推进全国省以下环保机构监测监察执法垂直管理制度改革试点工作,本文紧紧围绕《关于省以下环保机构监测监察执法垂直管理制度改革试点工作的指导意见》精神,以环境执法改革为主体主线,从环境执法的总体方向、基本路径、主要任务三个方面进行政策分析解读,给各地在环保垂直管理制度改革试点工作中有效推进环境执法改革,提供改革路径指引和参考。     

推进土壤污染防治立法奠定生态环境安全基石

面对我国日益严峻的土壤环境形势,加快推进土壤污染防治立法刻不容缓。加强土壤污染防治立法,是贯彻落实党中央、国务院重要决策部署的具体行动,是有效遏制土壤污染加重趋势的关键环节,是明确落实各方责任的客观要求,是提高公众土壤环境保护意识的现实需要。推进土壤污染防治立法,要坚持问题导向,突出重点环节,明确责任划分,处理好与其他法律的关系,加快建立以土壤污染防治法为统领、以国家政策标准为导向、以部门规章为基础、以科学技术为支撑的中国特色土壤污染防治体系,奠定生态环境安全基石,大力推进生态文明建设。     

Environmental problem-solving and land-use management: A proposed structure for Australia

A three-tiered structure of land-use and environmental management is here proposed for Australia. The structure is based on the idea that environment means the environment of people, and that environmental problems arise when a change in the interaction between people and their environment leads to conflicts about the use of land and resources. The heterogeneity of society means that a range of human aspirations and value systems must be satisfied by environmental managers. Existing methods of environmental management fail to achieve these objectives, due to inadequate perception of environmental problems by decision-makers, and the inability of currently available impact assessment techniques to resolve human conflicts associated with the use of land and resources. The main work of planning and managing land use and the environment would be carried out by regional authorities, supported by federal and state policy. Examples are given of moves towards regional administration in England and Wales, Western Australia, Australia and New Zealand. Community participation in the decision-making process is essential and can be achieved by electoral representation to the authoritative bodies and through procedures that ensure informed public comment on planning proposals.     

The Problem of Common Land: Towards Stakeholder Governance

This paper examines the current governance of common land with the intention of updating a story last examined in detail in studies in the late 1980s. In addition, the paper draws on recent conceptualizations of stakeholders and governance. A brief history of common land shows that governance systems are highly localized and dependent on custom and practice. Such a dependence suggests the need for governance which is based on the incorporation of stakeholders using consensus building approaches. The paper suggests that local governance systems are crucial to the successful implementation of sustainable management practices but that this may be overlooked by land managers and policy makers. Consequently, comprehensive national legislation for common land is not a viable option but legislation can play a valuable role in particular circumstances. The need to give further consideration to the role of legislation and an appropriate policy framework for commons within the context of stakeholder governance is particularly important given the significance of common land for agriculture, nature conservation, landscape, heritage and recreation across England and Wales.     

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).