河北省构建低碳消费模式的法律途径研究

构建低碳消费模式,法律规制十分必要。河北省低碳消费法律规制步伐虽然已启动,但依然面临着缺乏统一法律体系,对企业相应行为规制和保障不力,对消费者低碳消费关注不够以及执法和司法体制不健全等诸多问题。在此背景下,为在河北省构建低碳消费模式,笔者借鉴国外先进做法,提出了在立法层面上构建统一的低碳消费法律体系,将消费者的环境权利和环境义务纳入法律框架;执法层面上完善执法机构,加强执法力度,健全执法机制,加大宣传力度;司法层面上提高认识,完善机构,健全司法程序;社会层面上在政府引导下,要求企业、非政府组织及消费者个人广泛参与的法律对策。     

Small-scale mining in Ghana: The government and the galamsey

This paper argues that the current formalization system for small-scale gold miners in Ghana has been undermined and the small-scale mining laws no longer capture the reality of the sector’s activities. The paper will examine the small-scale mining system and shows that registered and unregistered actors operate not only in parallel but are actually intertwined and highly dependent on one another. The paper shows that the perceived dichotomy of formal and informal actors in the sector does not actually exist. The sector has instead evolved into a highly intertwined group of semi-formal sectors operating with varying degrees of legal registrations. The paper concludes that political leniency and law enforcement corruption has resulted in a booming small-scale gold system under poor government control. The paper recommends that politicians move to enact reforms to regularize the small-scale mining sector and curtail ubiquitous environmental and occupational safety problems. Anti-corruption initiatives and law enforcement reforms are the most urgent. However, reforming the laws is also necessary to capture and regulate the technological innovations the sector is currently using.     

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。     

Farmer Premiums for the Voluntary Adoption of Conservation Plans

Programs that reimburse farmers for the cost of implementing more environmentally benign management practices are becoming increasingly popular in both the US and the EU. Utilizing the random utility and random profit difference approaches, the paper develops a theoretical model that explains why farmers may require a premium in excess of the decrease in profits to adopt a conservation plan, and may even require a premium in the case where adoption of the plan is associated with a mean increase in profits. This premium is estimated using a survey of farmers in conjunction with predictions of changes in production costs.     

Resource Use Among Rural Agricultural Households Near Protected Areas in Vietnam: The Social Costs of Conservation and Implications for Enforcement

This article examines the use of forests in a protected area by nearby agriculturalists in central Vietnam. Research indicates that the majority of rural farmers interviewed who lived near a state designated protected area were receiving both subsistence and cash incomes from forest-based activities, primarily from the collection of forest products. However, much of the collection of forest produce was officially illegal, as it occurred in state protected forests, and interdiction efforts were on the increase. Yet, little attention has been paid in Vietnam to the need for income substitution for households who lose access to forest produce as a result of conservation enforcement, particularly in the case of farmers who live near, but not in, protected areas; their resources use has been ‘invisible’ due to a lack of attention and research on the topic. This misunderstanding of the importance of forests to rural farmers has the potential to result in households facing adverse welfare and livelihood outcomes as protected areas boundaries are tightened, and local communities face increased opportunity costs due to stricter conservation enforcement. The article concludes that substitution for loss of income due to conservation activities would best be achieved through carefully targeted interventions to specific high-impact and high-dependency households. Additionally, investments in new sources of wage labor and other low capital-input activities, rather than in agriculture, would likely be of most benefit.     

Establishment of permit limits for mill effluent

Various governmental regulatory agencies are responsible for establishing regulations on the discharge of chlorinated organic compounds from pulp and paper mills. The procedures for setting permit limits are the basic topic of this article. Different methods of determining permit limits are set forth and discussed in a number of references, including documents of the Environmental Protection Agency. This paper discusses in detail the application of one particular methodology—the lognormal model approach. In this paper we utilize a real data set and include the necessary calculations required to set up permit limits. The basic tenets of the permit process are such that if limits are set too low, operators who are in full regulatory compliance will still be frequently cited, and if limits are set too high, operators who are not in compliance will seldom if ever be cited. Thus there is a great need for these effluent limits to be determined with great care, both to protect the environment receiving the wastewater and the industry producing the wastewater.     

Regulatory resistance to environmental law in rural Australia: land clearing,murder and the media

ABSTRACT

In 2014 an Australia public servant was killed in a confrontation over illegal land clearing. The perpetrator was a land holder with a history of non-compliance with environmental regulations and had been subject to a series of prosecutions. Political suggestions that the crime was somehow justified drew attention to the growing prevalence of law breaking linked to environmental law and policy in rural Australia. This paper investigated the social construction of both the crime and the community response through a qualitative media content analysis. Utilising the “Recipe for Criminalisation” framework developed by Amnesty International, the analysis identified a contest between media discourses of legitimacy in regards to the actions taken by the perpetrator, the public servant and ultimately, the regulatory framework itself. The analysis revealed that the link between media references to illegitimate legislation, excessive regulation, over-zealous compliance and strong social norms of rural independence and economic survival created a persuasive story of justified resistance to unwelcome environmental legislation in this case. Understanding how affected communities respond to instances of policy failure, civil and criminal law breaking and environmental compliance is a crucial factor in designing more legitimate and effective governance regimes. How media narratives are constructed, by whom and in whose interests remains an important analytic question for the study of resistance to environmental law and policy around the world.     

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...     

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。     

Comparative differences in Ontario farmers' environmental attitudes

This paper provides an analysis of a 1991 survey of the views of a stratified random sample of 1,105 Ontario farmers. Factor analysis, Kruskal—Wallis one-way ANOVA, chi-square and correlations were used to identify differences in farmers' attitudes toward rural environmental issues as a function of their demographic and farm characteristics. Younger, well-educated farmers, especially if female, were most concerned about the seriousness of rural environmental degradation. The largest operators expressed the greatest support for the use of agricultural chemicals, were most opposed to government conservation regulations and were least environmentally oriented. Such differences between Australian and Ontario farmers as the former's greater cautiousness about governmental regulation and receptivity to the Green Movement are a function of differing demographic and farm characteristics between Australia and Ontario.     

浅谈深圳市环境监督管理全覆盖移动执法系统的建设和应用

环境监督管理全覆盖移动执法系统,是利用现代无线通信技术、计算机技术等先进技术手段,利用手持终端(PDA)、手提电脑等设备,通过无线数字通信网的支持,实现在任何执法地点都可从后台业务系统中获取所需的业务数据、文字、图片、视频等信息,同时将现场执法的信息及时回传至后台系统中。本文介绍了移动执法系统的建设以及应用的情况。     

Air Regulation Requirements in the Marcellus and Utica Shale Region: Management Approaches and Case Study

Evolving air emissions regulation presents a serious compliance challenge for all oil and gas operators in the United States of America. In Appalachia, a legacy producing region, the rapid development of the Marcellus and Utica shales has led to a rapid expansion of operations across the states of Pennsylvania, West Virginia, and Ohio. Driven by this unprecedented development, increased public pressure, and lawsuits, new regulatory programs are being developed at both the state and federal levels. This article discusses the evolving air regulations impacting operators in the region and how operators can implement an air emissions management system to help them stay compliant.     

Evaluation of the impact of forest reserves on harvesting costs and provincial revenues in ontario

The establishment of forest reserves for the benefit of other resources and other land uses in areas where timber harvesting is taking place constitutes a significant withdrawal of wood fiber annually in Ontario.This article reports on a case study carried out on a representative forest area in northern Ontario where the primary land use is timber extraction. The results projected to the whole province show that the direct cost to the provincial economy of removing these forest lands from timber production is of the order of $2.5 million annually.     

Impacts of Public Policies and Farmer Preferences on Agroforestry Practices in Kerala,India

Agroforestry systems are fundamental features of the rural landscape of the Indian state of Kerala. Yet these mixed species systems are increasingly being replaced by monocultures. This paper explores how public policies on land tenure, agriculture, forestry and tree growing on private lands have interacted with farmer preferences in shaping land use dynamics and agroforestry practices. It argues that not only is there no specific policy for agroforestry in Kerala, but also that the existing sectoral policies of land tenure, agriculture, and forestry contributed to promoting plantation crops, even among marginal farmers. Forest policies, which impose restrictions on timber extraction from farmers’ fields under the garb of protecting natural forests, have often acted as a disincentive to maintaining tree-based mixed production systems on farmlands. The paper argues that public policies interact with farmers’ preferences in determining land use practices.     

Wetland Mitigation Compliance in the Western Upper Peninsula of Michigan

The Army Corps of Engineers (ACE) is generally responsible for the implementation of federal Clean Water Act wetland regulations. It therefore plays an important role in the protection of wetlands within the United States. Unfortunately, past evaluators of ACEs implementation of these regulations found low rates of regulatory compliance. However, the fact that two states have taken responsibility for the implementation of these regulations within their boundaries provided the opportunity to assess whether one of these states might be doing a better job of enforcement. This paper reports on compliance with some of these regulations within one Michigan region. We evaluated permittee compliance with paperwork filing requirements related to wetland mitigation projects. Sixty-seven percent of county road commission permittees were out of compliance with at least one filing requirement. Forty percent of private and non-county government permittees were out of compliance. Our results therefore suggest that serious problems exist with Michigans implementation of wetland regulations. They do not suggest that compliance in this state is significantly better than in states under ACE administration. We believe that increased agency monitoring and enforcement would improve compliance.     

How has a shortage of census and geological information impeded the regularization of artisanal and small‐scale mining?

There is growing consensus that a combination of laissez‐faire policies, ad hoc regulation and debilitating support services has perpetuated socio‐economic and environmental deterioration in the artisanal and small‐scale mining (ASM) industry. However, a lack of anthropological and geological information on ASM prevents many governments both from improving the policy environment of the industry, and from providing more robust extension services to its operators. This article aims to examine more precisely how a deficiency of baseline census and geological data has inhibited industry formalization and undermined many of the measures implemented to address pressing problems at ASM sites. Specifically, it is argued that insufficient knowledge of artisanal mining populations — including their demographic structure — and of areas suitable for ASM activities affects the ability of a government to regularize, as well as to improve, the organization of this largely informal sector of industry. Case studies of Ghana and Zimbabwe are used to illustrate how the undertaking of low‐budget projects in areas of geological prospecting and population analysis could improve the efficiency of ASM assistance.     

Communicative diagnosis of cost-saving options for reducing nitrogen emission from pig finishing

Reducing nitrogen emission from livestock production is usually perceived as costly. Nevertheless, production process related measures addressing the transformation of input(s) into output(s) may result in a cost-saving reduction of nitrogen emission. This paper explores the separate and combined use of traditional key performance indicators and an environmentally adjusted Data Envelopment Analysis (DEA) to reveal firm-specific cost-saving mechanisms for pig-finishing farms. Traditional key performance indicators are easy to communicate but have shortcomings when assessing benchmarks for comparative farm analysis. The environmentally adjusted DEA decomposes both cost and environmental efficiencies into technical and allocative efficiency components, separating the physical production analysis from price and nutrient content information. DEA makes efficiency benchmarks and improvement paths explicit, but the practical value of such efficiency scores is low. This paper proposes to take advantage of both methods: concrete benchmarks and eligible improvement paths are assessed using frontier methods, while the decision variables that steer farmers towards changes are described in terms of traditional key performance indicators. This leads to an improved diagnosis that is easy to communicate to farmers and may therefore facilitate decision support. Our pig-finishing case study shows that farms can achieve economic-environmental win–win situations through improving technical, cost allocative and cost efficiencies, which are mainly driven by feed conversion. Less technical efficient farms are found to require a lower delivery weight in order to minimize costs, which shows the farm-specificity of economic-environmental improvement advice.     

大数据在移动执法中的应用

移动执法系统是近年来部分地区用于现场执法的信息化系统。它在为现场执法提供便利的同时,亦收集了大量的一线原始数据。利用大数据,对移动执法系统积累的数据进行汇总、分析和加工,有利于提高环境监管执法的精准度。本文简要介绍了全国环境监察移动执法系统建设现状,提出了目前利用大数据在移动执法中的典型应用,并展望了未来的发展方向。     

Enforcement Lessons from the Vienna Übahn

/ This paper combines a review of recent publications on the effectiveness of environmental enforcement in the United States with new data to address the question of what type of enforcement activity is most productive. Using data on 39 state National Pollutant Discharge Elimination System (NPDES) programs, the measures of effort and cost typically applied to environmental enforcement and inspection activities were tested for relationships with compliance outcomes. No statistically significant relationships were found. In the absence of any improving trend in traditional measures of compliance, this lack suggests all enforcement systems presently used by states are failing. To work, an environmental enforcement system needs to include maintenance and restoration of compliance, real deterrence, mobilization of public opinion, minimal obtrusiveness, conformity with legal search requirements, cost-effectiveness for all parties, effective primary role for skilled inspectors, self-monitoring, compatibility with environmental management systems (e.g., ISO 14000), environmental auditing, robustness in the face of changing strategies by permittees, segregation of technical assistance from enforcement, team orientation, adaptability to multimedia, and, most difficult of all, disconnection from today's timely, appropriate, proportionate standard. These goals can be achieved through a proposed new environmental enforcement approach built on infrequent, random, but thorough inspections leading to fully documented enforcement actions resulting in high penalties. The enforcement system used by the Vienna übahn, or subway, can serve as a model for this type of environmental enforcement system. KEY WORDS: Enforcement; Deterrence; Environmental water quality; Discharge elimination systems     

公众参与环境执法角色关系探析

环境是公共的,环境利益具有公众性。在环境执法中积极吸纳公众意见,是国家民主管理社会的体现。公众参与环境执法的角色定位即：政府在环境执法中处于核心地位,拥有最终裁量权;企业是环境执法的对象;公众是环境执法的最终受益者。政府、企业与公众的沟通协调是公众参与环境执法的有效机制。