我国突发环境事件应急法制法律原则的探析

法律原则对法律制度的建立、发展和完善起着尤为重要的指导作用。我国突发环境事件应急法制还处于起步阶段,相关法律研究也存在欠缺和不深入的问题。本文在比较几种相关概念的法律原则的基础上,总结环境应急法制法律原则的特征,试提出我国环境应急法制所要遵循的几条法律原则。     

The draft articles on the law of international watercourses adopted by the International Law Commission: an overview and some remarks on selected issues

In 1994, after more than twenty years of work, the International Law Commission of the United Nations adopted a set of thirty-three draft articles on the Law of the Non-Navigational Uses of International Watercourses. In the same year, the draft articles were submitted to the General Assembly with a view to the adoption of an international convention. The present paper analyzes and comments upon some of the major issues dealt with in the draft articles, devoting special attention to the substantive legal principles governing the utilization of international rivers and the protection of related ecosystems. Various questions still remain open for consideration by the Working Group convened by the General Assembly in 1996–1997 for the elaboration of a definitive convention. In spite of this, the draft articles adopted by the International Law Commission stand as an important achievement in the effort at codification of the law of international water resources. The present article was written within the framework of the research project "Technical aspects of the international law of the sea" which is being carried out at the Faculty of Law, University of Milan, Italy.     

Environmental Aggression in the Context of Contemporary International Law

The interpretations of international law vary according to its history and context. Rethinking the concept of international aggression, based on the historical evolution of international law and the teleology that moves the United Nations, it is possible to interpret the environment not only as a cause and effect of aggression, but also as a weapon. This article explores the evolution of international environmental law and the recognition that deliberate harm to the environment during acts of aggression are now considered potentially illegal actions against populations and their economic security.     

The completion of the preparatory work for the UN Convention on the Law of International Watercourses

This article deals with the debate of the UN General Assembly on the establishment of a framework convention on the Law of the Non-Navigational Uses of International Watercourses. The debate took place in two sessions, held in October 1996 and March/April 1997, with the final voting and adoption of the Convention on 21 May 1997.
The present article concentrates on the second part of the negotiations and the finalization of the text. Salient aspects are analyzed, such as the normative function of the Convention, the two important principles of "equitable utilization" and the "no-harm rule", as well as peaceful settlement of disputes. The preparatory work concerning these provisions is examined, and some general consideration is given to the results achieved.
The present article is a sequel to the account by the same author, published in NRF 21:2, which deals with the first part of the debate and outlines the main legal and political issues at stake. The original text of the ILC articles is also included in the Special Issue on Transboundary Waters.
Although the author was a member of the Italian Delegation to the Working Group, the opinions expressed in the present article are his own and do not necessarily reflect the views of the Italian Government. The author apologizes for any inaccuracies in the presentation of the views of other delegations in this article.     

国家发改委要求降低小火电机组上网电价

为促进小火电机组关停工作，国家发改委近日下发了《关于降低小火电机组上网电价促进小火电机组关停工作的通知》（以下简称“通知”），要求逐步降低小火电机组上网电价。“通知”同时提出，小火电可向高效率机组转让发电量指标，对转让发电量指标并确保关停的小火电机组不再降价。     

A Paradigm of International Environmental Law: The Case for Controlling the Transboundary Movements of Hazardous Wastes

The production of large quantities of wastes globally has created a commercial activity involving the transfrontier shipments of hazardous wastes, intended to be managed at economically attractive waste-handling facilities located elsewhere. In fact, huge quantities of hazardous wastes apparently travel the world in search of “acceptable” waste management facilities. For instance, within the industrialized countries alone, millions of tonnes of potentially hazardous waste cross national frontiers each year on their way for recycling or to treatment, storage, and disposal facilities (TSDFs) because there is no local disposal capacity for these wastes, or because legal disposal or reuse in a foreign country may be more environmentally sound, or managing the wastes in the foreign country may be less expensive than at home. The cross-boundary traffic in hazardous wastes has lately been under close public scrutiny, however, resulting in the accession of several international agreements and laws to regulate such activities. This paper discusses and analyzes the most significant control measures and major agreements in this new commercial activity involving hazardous wastes. In particular, the discussion recognizes the difficulties with trying to implement the relevant international agreements among countries of vastly different socioeconomic backgrounds. Nonetheless, it is also noted that global environmental agreements will generally be a necessary component of ensuring adequate environmental protection for the world community—and thus a need for the careful implementation of such agreements and regulations.     

河流污染综合治理优化规划探讨

本文探讨了河流污染综合治理的概念,优化规划模型和程序,介绍了“节点开放试探法”的求解技术,并以四川省鉴溪河流综合治理为例,应用上述优化规划方法和求解技术。求出了综合治理最优解。结果表明优化规划方案比一般非劣解和未规划的方案可节省巨额污染控制费用。     

Incompatible Land Uses and the Topology of Cumulative Risk

The extensive literature on environmental justice has, by now, well defined the essential ingredients of cumulative risk, namely, incompatible land uses and vulnerability. Most problematic is the case when risk is produced by a large aggregation of small sources of air toxics. In this article, we test these notions in an area of Southern California, Southeast Los Angeles (SELA), which has come to be known as Asthmatown. Developing a rapid risk mapping protocol, we scan the neighborhood for small potential sources of air toxics and find, literally, hundreds of small point sources within a 2-mile radius, interspersed with residences. We also map the estimated cancer risks and noncancer hazard indices across the landscape. We find that, indeed, such large aggregations of even small, nondominant sources of air toxics can produce markedly elevated levels of risk. In this study, the risk profiles show additional cancer risks of up to 800 in a million and noncancer hazard indices of up to 200 in SELA due to the agglomeration of small point sources. This is significant (for example, estimates of the average regional point-source-related cancer risk range from 125 to 200 in a million). Most importantly, if we were to talk about the risk contour as if they were geological structures, we would observe not only a handful of distinct peaks, but a general “mountain range” running all throughout the study area, which underscores the ubiquity of risk in SELA. Just as cumulative risk has deeply embedded itself into the fabric of the place, so, too, must intervention seek to embed strategies into the institutions and practices of SELA. This has implications for advocacy, as seen in a recently initiated participatory action research project aimed at building health research capacities into the community in keeping with an ethic of care.     

建立网络生态水库系统实现城市河流的可持续发展

城市河流在城市及周边地区经济发展和生态保护中地位十分重要。网络生态水库系统可以克服我国水资源时空分配不均的弊端,优化水资源配置,满足各城市生产生活需要,实现可持续发展。     

推进排污口管理改革 深入打好碧水保卫战

<正>加强和规范入河入海排污口（以下简称“排污口”）监督管理,对改善水生态环境质量,促进绿色发展,保护和建设美丽河湖、美丽海湾具有重要作用,是深入打好碧水保卫战的有力抓手,是推进生态环境治理体系和治理能力现代化的重要举措。20世纪80年代以来,水法、环境保护法、海洋环境保护法、水污染防治法等法律对排污口管理作出规定。河道管理条例、自然保护区条例等法规进一步明确了排污口设置审批、监督管理的具体要求。水利部、原国家海洋局、     

Relationship of Water Quality and Pollutant Loads to Land Uses in adjoining watersheds1

ABSTRACT: The Grand and Saugeen Rivers in southern Ontario were chosen for study as pilot watersheds under the Pollution From Land Use Activities Reference Group (PLUARG) study. The pilot watersheds have adjacent headwater areas and are physically similar in geology, physiography, and climate. Significant differences in water quality between the watersheds at their outlets are attributed to land use and population differences. The major pollutant sources in the two pilot watersheds were identified as trace elements from urban runoff and point source discharges; phosphorus from agricultural and urban runoff and private waste disposal; chloride from transportation corridors; and sediment and nitrogen from agricultural runoff. Yields at the watershed outlets were similar for suspended sediment and two to three times as high in the Grand River for phosphours, nitrogen, chloride, and lead. The higher phosphorus and nitrogen levels were attributed to larger point source inputs and the higher proportion of agricultural activity, comprising 75 percent of the Grand River basin compared to 64 percent in the Saugeen River basin. Similarly, the higher chloride and lead levels were attributed to an order of magnitude larger population and three times as much urban land in the Grand River basin compared to the Saugeen River basin.     

国家环保总局、国家发展改革委、国家统计局联合发布《2004年全国环境保护相关产业状况公报》

为全面掌握我国环境保护相关产业的发展现状，国家环境保护总局联合国家发展和改革委员会、国家统计局于2005年共同组织实施了以2004年为基准的全国环境保护相关产业基本情况调查。目前，调查工作已全部结束。国家环境保护总局、国家发展和改革委员会、国家统计局于日前联合印发了《2004年全国环境保护相关产业状况公报》，将调查结果向社会予以公布。     

日本电安法和电波法相应标准对电磁炉EMC测试要求

概述S-mark认证中的EMC要求及相关标准。以电磁炉为例,对日本电安法和电波法对EMC测试要求重新梳理了章节的测试条款,对标准规定不够详细的地方提出了解读意见,以供实验室检测和厂家认证参考。     

Source and Delivery of Nutrients to Receiving Waters in the Northeastern and Mid‐Atlantic Regions of the United States1

Moore, Richard B., Craig M. Johnston, Richard A. Smith, and Bryan Milstead, 2011. Source and Delivery of Nutrients to Receiving Waters in the Northeastern and Mid‐Atlantic Regions of the United States. Journal of the American Water Resources Association (JAWRA) 47(5):965‐990. DOI: 10.1111/j.1752‐1688.2011.00582.x Abstract: This study investigates nutrient sources and transport to receiving waters, in order to provide spatially detailed information to aid water‐resources managers concerned with eutrophication and nutrient management strategies. SPAtially Referenced Regressions On Watershed attributes (SPARROW) nutrient models were developed for the Northeastern and Mid‐Atlantic (NE US) regions of the United States to represent source conditions for the year 2002. The model developed to examine the source and delivery of nitrogen to the estuaries of nine large rivers along the NE US Seaboard indicated that agricultural sources contribute the largest percentage (37%) of the total nitrogen load delivered to the estuaries. Point sources account for 28% while atmospheric deposition accounts for 20%. A second SPARROW model was used to examine the sources and delivery of phosphorus to lakes and reservoirs throughout the NE US. The greatest attenuation of phosphorus occurred in lakes that were large relative to the size of their watershed. Model results show that, within the NE US, aquatic decay of nutrients is quite limited on an annual basis and that we especially cannot rely on natural attenuation to remove nutrients within the larger rivers nor within lakes with large watersheds relative to the size of the lake.     

Application of the ELOHA Framework to Regulated Rivers in the Upper Tennessee River Basin: A Case Study

In order for habitat restoration in regulated rivers to be effective at large scales, broadly applicable frameworks are needed that provide measurable objectives and contexts for management. The Ecological Limits of Hydrologic Alteration (ELOHA) framework was created as a template to assess hydrologic alterations, develop relationships between altered streamflow and ecology, and establish environmental flow standards. We tested the utility of ELOHA in informing flow restoration applications for fish and riparian communities in regulated rivers in the Upper Tennessee River Basin (UTRB). We followed the steps of ELOHA to generate univariate relationships between altered flows and ecology within the UTRB. By comparison, we constructed multivariate models to determine improvements in predictive capacity with the addition of non-flow variables. We then determined whether those relationships could predict fish and riparian responses to flow restoration in the Cheoah River, a regulated system within the UTRB. Although ELOHA provided a robust template to construct hydrologic information and predict hydrology for ungaged locations, our results do not suggest that univariate relationships between flow and ecology (step 4, ELOHA process) can produce results sufficient to guide flow restoration in regulated rivers. After constructing multivariate models, we successfully developed predictive relationships between flow alterations and fish/riparian responses. In accordance with model predictions, riparian encroachment displayed consistent decreases with increases in flow magnitude in the Cheoah River; however, fish richness did not increase as predicted 4 years after restoration. Our results suggest that altered temperature and substrate and the current disturbance regime may have reduced opportunities for fish species colonization. Our case study highlights the need for interdisciplinary science in defining environmental flows for regulated rivers and the need for adaptive management approaches once flows are restored.     

Economic and Ecological Consequences of the Disappearance of Traditional Practices Related to Chestnut Groves

Based on an interdisciplinary study of nine localities, the authors analyse the role of human and local factors involved in the disappearance of chestnut groves. This analysis enables us to understand the significant elements involved, causes, restricting factors, potentialities which explain today's situation, and to hypothesise upon the evolution of the chestnut groves and the Southern Cevennes in the years to come. These hypotheses emphasise the necessary changes in attitudes and the extra research required to lead a positive future action in order to manage this territory in a rational way.     

近40年来三江源区气候资源的变化

利用长江、黄河、澜沧江三江源地区18个气象台站1961－1999年的气象资料,统计并分析了降水、热量、光照以及蒸发量等气象要素近40年来的变化趋势、年代际变化特征,揭示了三江源区气候资源变化的实际情况,为该区生态环境建设工程提供基本数据和参考。