Implications of the ban on organotins for protection of global coastal and marine ecology

Organotin-based antifouling paints are highly effective against most fouling organisms, and their application results in a large amount of savings for the shipping industry. On the other hand, TBT (tributyltin) in antifouling paints is described as the most toxic substance ever introduced into the marine environment. Consequential environmental impacts of TBT led to its regulation in many countries, although concerns were raised regarding the complete prohibition of organotin-based compounds in antifouling paints. Serious concerns were also raised regarding the complete banning of organotins. After long deliberations, the AFS Convention (convention to control the use of harmful antifouling systems on ships) was adopted on 5 October 2001. The Convention, which prohibits the use of harmful organotins in antifouling paints used on ships, will enter into force on 17 September 2008. In view of the concerns raised against the prohibition of organotin-based compounds in antifouling paints, this paper focuses on a review of the AFS Convention, with a gap analysis on the difficulties in implementation of the Convention. It also offers some recommendations for improved policies.     

论海洋污染的国际法规制

海洋环境保护是国际环境保护的重要组成部分,而国际社会的合作是构建海洋环境保护国际法制的有效路径。本研究梳理了海洋环境保护立法的历史演变,分析了《联合国海洋法公约》在海洋环境保护中的意义,从陆地来源、船舶、倾倒、远洋油气和矿产资源开发造成海上污染的四个方面着重论述了海洋环境污染与国际法保护问题,最后总结了国际海洋环境保护立法中的教训。     

Environmental management aspects for TBT antifouling wastes from the shipyards

Tributyltin (TBT)-based antifouling paints have been successfully used for over 40 years to protect a ship's hull from biofouling. However, due to its high toxicity to marine organisms, the International Maritime Organization (IMO), in 1990, adopted a resolution recommending governments to adopt measures to eliminate antifouling paints containing TBT. High concentrations of TBT are detected in the vicinity of ports and shipyards. TBT is also usually detected in the sediment, in which it accumulates. This study reviews recent literature for the best management practices (BMPs) in order to minimize the environmental effects of TBT. The paper focuses on the evaluation of the available techniques for the removal of TBT from shipyard wastes and from the sediment. The most effective treatment methods are highlighted. BMPs include recycling of abrasive materials, use of cleaner abrasive materials, reuse of spent abrasive materials, substitution of hydroblasting by vacuum blasting or containment or ultra-high-pressure water blasting and confinement of pollution by enclosure and containment systems. The treatment of the TBT wastes by conventional biological wastewater treatment processes is probably not suitable, because the concentrations of TBT found in shipyards' wastewaters are toxic to microorganisms. Advanced technologies such as activated carbon adsorption and dissolved air flotation, in combination with filtration and coagulation-clarification, photodegradation and electrochemical treatment, are required to remove TBT. However, advanced methods should be further optimized to meet the regulatory limit of 200 ng/L. To date, only one published work examines the efficiency of incineration for the treatment of solid sandblast wastes. Regarding the treatment of sediment, land deposition of the less polluted fraction of sediment is a feasible option. Such treatment must take into account the risk of contamination of groundwater and the surroundings, and it requires extended areas of land. Other treatment methods, such as thermal and electrochemical treatment, are promising options but due to the large amounts of dredged material, they have high capital and operational costs.     

Ecological risk assessment of TBT in Ise Bay

An ecological risk assessment of tributyltin (TBT) in Ise Bay was conducted using the margin of exposure (MOE) method. The assessment endpoint was defined to protect the survival, growth and reproduction of marine organisms. Sources of TBT in this study were assumed to be commercial vessels in harbors and navigation routes. Concentrations of TBT in Ise Bay were estimated using a three-dimensional hydrodynamic model, an ecosystem model and a chemical fate model. Estimated MOEs for marine organisms for 1990 and 2008 were approximately 0.1-2.0 and over 100 respectively, indicating a declining temporal trend in the probability of adverse effects. The chemical fate model predicts a much longer persistence of TBT in sediments than in the water column. Therefore, it is necessary to monitor the harmful effects of TBT on benthic organisms.     

Organotin pollution in China: an overview of the current state and potential health risk

In recent years, considerable amounts of organotin compounds have entered the environment due to the wide industrial applications in China. Organotins were found in various environmental media. An overview of organotin contamination and distribution in China from various environmental samples, including waters and sediments, is presented to better understand the current state of organotin pollution in China and to improve environmental monitoring and management of organotin contamination. Exposure to organotin contaminated water and sediments induces accumulation of organotins in molluscs and biological effects such as imposex. Potential harmful effects on human health may also result from consumption of contaminated seafoods. Detailed information on distribution, impacts and assessment of risk to human health and marine ecosystems is discussed and monitoring of TBT using biomarkers is described. This review highlights the serious organotin contamination of coastal cities in China and emphasizes the need for long-term monitoring and the development of an effective regulatory program.     

论我国环境行政公益诉讼制度之构建

环境行政公益诉讼具有规范行政权力、保护公民环境权、完善行政诉讼制度的价值;在我国构建环境行政公益诉讼已具备了坚实的理论基础、观念基础、法律基础及司法基础.据此,应当着眼于现实国情,在立法上明确规定环境行政公益诉讼制度,同时,从拓宽原告资格、设定复议前置程序、引入禁令判决、以及设定律师强制代理等几方面着手细化环境行政公益诉讼的具体制度设计.     

Marine Conservation and Accession: The Future for the Croatian Adriatic

The European Union (EU) is the world’s largest trading bloc and the most influential supra-national organisation in the region. The EU has been the goal for many eastern European States, for Croatia accession remains a priority and underpins many of its national policies. However, entry into the EU requires certain commitments and concessions. In October 2003 the Croatian parliament declared an ecological and fisheries protection zone in the Adriatic. Under pressure the zone was suspended, finally entering into force in March 2008 exempting EU States. There are other marine conflicts between Croatia and the EU, particularly the contested maritime border with Slovenia, and the development of the Croatian fishing fleet in opposition to the Common Fisheries Policy. Conversely, attempts to harmonise Croatian Nature Protection with the EU Habitats Directive, facilitated by pre-accession funding, has galvanised conservation policy. Since 2005 two marine protected areas have been declared, significantly increasing the marine ecosystem under protection. Finally, the development of the Marine Strategy Framework Directive is the latest EU attempt to integrate environmental policy in the maritime realm. This will have an effect not only on member States but neighbouring countries. For marine nature protection to be effective in the region the Adriatic Sea needs to be viewed as a mutually important shared and limited resource not a bargaining chip. Negotiations of the EU and Croatia have been watched closely by the other Balkan States and precedents set in this case have the potential to affect EU expansion to the East.     

Managing the Use of Copper-Based Antifouling Paints

Copper is the biocide of choice for present-day antifouling (AF) paints. It is also a major source of copper loading in to the marine environment and, as such, might cause local copper levels to exceed water quality criteria. The present study is multifaceted and looks into the overall impact of copper-based AF paints on copper concentrations along a 64-km stretch of the Indian River Lagoon and at Port Canaveral, Florida. This preliminary study is one of the first to outline issues and present background evidence on the current status of copper and copper-based AF usage in Florida and to address the need for management. Previous measurements of copper levels in these waters show a history of copper contamination close to marinas, boatyards, and at Port Canaveral that often exceed state and federal water quality standards. Further, we estimate that the total annual copper input into the Indian River Lagoon is between 1.7 tons/year (sailboats) and 2.1 tons/year (powerboats) from boats in 14 marinas. We estimate the copper input into Port Canaveral to be about 1.4 tons/year from seven cruise ships. A brief survey of marina operators and boat owners revealed attitudes and practices associated with AF paint usage that ranged from excellent to inferior. Management recommendations are made for a proactive approach to improving AF paint selection and application, assessing the environmental status of copper, and redefining existing management practices for sustainable AF paint usage and environmental health.     

碳中和背景下欧盟碳边境调节机制对我国的影响及对策分析

在全球碳中和的新形势下,欧盟委员会于2021年7月正式提出"碳边境调节机制"(CBAM)立法提案,并计划于2023年起实施。本文在总结立法提案关键要素的基础上,着重分析欧盟CBAM的合法性与合理性,研判可能对我国产生的潜在影响,并从国际国内层面提出对策建议。分析发现,欧盟采取"名义"碳市场的形式,初期将覆盖水泥、电力、化肥、钢铁和铝等5个行业,只核算产品生产过程的直接排放,暂不考虑间接排放,2023—2025年是过渡期,2026年开始正式实施。欧盟CBAM的合法性与合理性面临诸多挑战:不符合世界贸易组织国民待遇原则和最惠国待遇原则,但存在满足关税与贸易总协定例外条款的可能性;违反国际气候治理的共同但有区别的责任原则、公平原则和各自能力原则,也不符合公约关于国际贸易歧视或变相限制的条款;对解决碳泄漏问题和保护本土竞争力的作用有限;产品隐含碳核算和碳价确定是技术难点问题。影响评估发现,欧盟CBAM将使我国受影响部门的对欧出口总额降低11%~13%,出口成本增加1亿~3.05亿美元,其中约四分之三的成本将由钢铁行业承担,对贸易隐含碳的下降作用有待进一步考量;此外,欧盟CBAM将会影响多边国际气候谈判进程,也会对我国经济社会发展、国际贸易、产业转型、技术提升等方面产生间接影响。我国应在国际层面坚定在气候治理多边框架下解决碳泄露问题,探索提出中国方案;积极推进贸易自由化,提升我国贸易优势;加强中欧对话协商,避免CBAM成为中欧"绿色贸易壁垒"。在国内层面稳步加快全国碳排放权交易体系建设,夯实碳排放核算基础能力,加强科学研究与交流合作。     

Selecting agri-environmental indicators to facilitate monitoring and assessment of EU agri-environmental measures effectiveness

Since its introduction in the early 1960s, the EU Common Agricultural Policy (CAP) has demonstrated a capacity to adapt and change in the face of new challenges. The reformed CAP, under AGENDA 2000, encourages more environmentally friendly farming practices. In the context of their rural development plans, Member States are required to link policies on agriculture with protection of the environment and to ensure that farmers meet environmental standards. Additionally, Member States should maintain and restore the quality of both their aquatic and adjacent terrestrial ecosystems according to the Directive 2000/60/EU, 'Establishing a framework for Community Action in the field of Water Policy'. Within this framework, agri-environmental indicators play an important role in planning and implementing CAP guidelines. However, selection and use of the proper indicators remains unresolved, considering that ecosystem processes are complex and interactions in most cases not obvious. This paper proposes a methodology for assessing the environmental state and impacts of current land use and management when implementing agri-environmental measures of CAP. The proposed methodology includes a modified Driving forces-Pressures-Impacts-Responses (DPSIR) framework, identification of Zones of Specific Functional Interest (ZSFI), and criteria for selecting agri-environmental indicators, which assess the functional performance of each zone and meet existing legislation. The Mygdonia Watershed (Greece) is an example where through use of both the appropriate Minimum Data Set of agri-environmental indicators at the identified zones and the proposed modified DPSIR, the functioning performance of each ZSFI can be assessed to evaluate the applied agri-environmental measures.     

Aquatic organotin pollution in Taiwan

The current status of aquatic organotin pollution in Taiwan is reviewed. In freshwater sediments and biota, especially in rice-field related habitats, phenyltins (PTs) were dominant among the organotin pollutants, whereas butyltins (BTs) were usually predominant in marine environments. Among the marine habitats, contamination levels were found to be in the descending order of harbour and estuary>fish cultural site>coastal>offshore>coral reefs. Imposex snails were observed in all the sampling years (1990-2003). Meanwhile, organotin concentrations were greater in winter than those in summer, whereas proportions of PTs were much higher in summer than in winter. Due to the lack of continuous monitoring data, the effectiveness of the ban on TPT usage in agriculture in 1999 and the prohibition of TBT use on small boats in 2003 is still not known.     

Predicted concentrations of biocides from antifouling paints in Visakhapatnam Harbour

The concentrations of biocides leached from antifouling coatings are monitored in most of the developed countries. However, in India and many other developing countries, there is very little data available on the concentrations of biocides in ports and harbours. The first step was to obtain the order of magnitude levels of concentrations of biocides in the marine environment of the Visakhapatnam Harbour, and the MAM-PEC (Marine Antifoulant Model to Predict Environmental Concentrations) model was used to predict these values. The Visakhapatnam Port lies on the eastern coast of India, roughly halfway between Chennai and Kolkata, and is the largest port in India. This port is a natural harbour; the long and narrow outlet to the open sea makes it a 'poorly flushed' harbour. Predicted concentrations of tributyltin (TBT), copper, dichlofluanid, seanine, irgarol, diuron, tolylfluanid, and zinc pyrithione were computed. The results of the computations indicate that the levels of these biocides are comparable to those in many western countries. This gives credence to the fact that persistence of TBT and some other biocides is a global problem that cannot be ignored.     

中国当代环境法制之传统文化障碍——基于制度运行之现实反思

环境法制的发展,对中国多年来环境领域取得的成就功不可没。中国当代环境法制不仅存在体制矛盾,还受文化制约。环境法制的突出问题主要包括:立法质量不高,授权立法和部门立法色彩浓厚,监管体制发挥作用有限,环境司法救济滞后,环境外部成本难以内化以及公众参与不足。针对上述矛盾,从文化视角分析和解构,充分认知矛盾本身。     

TBT contamination of remote marine environments: ship groundings and ice-breakers as sources of organotins in the Great Barrier Reef and Antarctica

Remote marine environments such as many parts of the Great Barrier Reef (GBR) and the Antarctic are often assumed to be among the most pristine natural habitats. While distance protects them from many sources of pollution, recent studies have revealed extremely high concentrations of organotins in areas associated with shipping activities. Sediments at sites of ship groundings on the GBR have been found to contain up to 340,000 microg Sn kg(-1). Very high concentrations (up to 2290 microg Sn kg(-1)) have been detected in nearshore Antarctic sediments adjacent to channels cut through sea ice by ice-breaking vessels. In both cases, the bulk of the contamination is associated with flakes of antifouling paint abraded from vessel hulls, resulting in patchy but locally intense contamination of sediments. These particulates are likely to continue releasing organotins, rendering grounding sites and ice-breaking routes point-sources of contamination of surrounding environments. While the areas exposed to biologically-harmful concentrations of leached chemicals are likely to be limited in extent (1000-10,000 m(2)), deposition of antifouling paints constitutes a persistent ecological risk in otherwise pristine marine environments of high conservation value. The risk of contamination of GBR and Antarctic sediments by organotins needs to be considered against an important alternative risk: that less effective antifouling of ships hulls may increase the frequency of successful invasions by non-indigenous species. Additional options to minimise ecological risk include accident prevention and reducing organotin contamination from grounding sites through removal or treatment of contaminated sediments, as has been done at some sites in the GBR.     

中美欧跨区域大气环境监管比较研究及启示

近年来,酸雨、灰霾和光化学烟雾等跨区域大气环境问题日益突出,严重威胁广大人民群众的健康和环境安全。美国和欧盟在跨区域大气环境监管中都取得了丰富的经验。本文通过对中美欧跨区域大气环境监管在组织机制、法律法规、机构建设和监管手段等4个方面比较分析,结合我国国情,试图为我国跨区域大气环境监管的完善提供一些有益的启示。     

How is Shrimp Aquaculture Transforming Coastal Livelihoods and Lagoons in Estero Real,Nicaragua?: The Need to Integrate Social–Ecological Research and Ecosystem-Based Approaches

Ecosystem-based approaches to aquaculture integrate environmental concerns into planning. Social–ecological systems research can improve this approach by explicitly relating ecological and social dynamics of change at multiple scales. Doing so requires not only addressing direct effects of aquaculture but also considering indirect factors such as changes in livelihood strategies, governance dynamics, and power relations. We selected the community of Puerto Morazán, Nicaragua as a case study to demonstrate how the introduction of small-scale aquaculture radically transformed another key livelihood activity, lagoon shrimp fishing, and the effects that these changes have had on lagoons and the people that depend on them. We find that shrimp aquaculture played a key role in the collapse, in the 1990s, of an existing lagoon common-property management. Shrimp aquaculture-related capital enabled the adoption of a new fishing technique that not only degraded lagoons but also led to their gradual privatization. The existence of social ties between small-scale shrimp farmers and other community members mitigated the impacts of privatization, illustrating the importance of social capital. Since 2008, community members are seeking to communally manage the lagoons once again, in response to degraded environmental conditions and a consolidation of the shrimp industry at the expense of smaller actors. This research shows that shrimp aquaculture intersects with a complex set of drivers, affecting not only how ecosystems are managed but also how they are perceived and valued. Understanding these social–ecological dynamics is essential to implement realistic policies and management of mangrove ecosystems and address the needs of resource-dependent people.     

Review of sustainability management initiatives within Finnish forest products industry companies—Translating Eu level steering into proactive initiatives

Sustainability has become a major focus area within forest products industry. The European operational environment and national environmental steering in EU member states highlight the importance of sustainable development and the development of associated new management approaches to promote sustainability. This article reviews some key elements of sustainability management, covering examples of both Finnish forest products industry initiatives and public environmental steering at the European level. An assessment is made of the current situation and an outline of a future outlook for sustainability management, with special emphasis on bridging the gap between industry initiatives and environmental steering in the form of legislation, policies and strategies at the EU level.This study applied a hybrid approach comprising a review of EU sustainability initiatives, a policy and legal review and a questionnaire survey of forest industry actors. The results of the future outlook indicate that energy efficiency is perceived to be the most important focus area in addition to e.g. environmental and waste management and recycling. Less than half of the companies aim at applying sustainability management. Life-cycle management is also considered to be important whereas product-based approaches, climate change and local industrial symbiosis receive very little attention. All responding companies aim to integrate the principles of sustainability into their operations and most companies consider that life-cycle thinking, management and assessment are useful for them. Energy efficiency is identified as the most important focus area with energy and materials efficiency seen as the most crucial factors for the achievement of responsible competitive advantage and building of sustainable value-added. The findings indicate that sustainability and life-cycle management are not receiving enough management focus at the moment and neither is the industry receiving enough guidance at either the EU level or via national steering and regulatory frameworks.     

Regulatory challenges to the implementation of carbon capture and geological storage within the European Union under EU and international law

Carbon dioxide capture and storage (CCS) is a relatively new technology in the context of climate change mitigation strategies, and its legal and regulatory implications are not yet broadly understood. This paper takes a brief look at international environmental law principles relevant to CCS, identifies key environmental and safety risks associated with the technology, and highlights significant legal frameworks that pose challenges to the implementation of CCS within the EU under EU and international law. It then notes continuing regulatory gaps that will need to be addressed for large-scale CCS to take place. The paper concludes that the clear inclusion or exclusion of CCS activities from the range of relevant legal frameworks will increase transparency, provide regulatory certainty and ultimately facilitate CCS in appropriate contexts.     

论可持续发展战略与我国的环境立法

可持续发展战略自从被提出以来立即成为了各个学科的焦点,环境法学也不例外,它集中地反映了环境法学的伦理价值取向.当前我国环境立法正进入以填补立法空白和法律制度的完善、创新为基本目标的新阶段.在新的历史时期应以可持续发展战略的思想为指导,完善我国环境立法.     

Cross-boundary management between national parks and surrounding lands: A review and discussion

Protecting biodiversity on public lands is difficult, requiring the management of a complex array of factors. This is especially true when the ecosystems in question are affected by, or extend onto, lands outside the boundaries of the protected area. In this article we review recent developments in the cross-boundary management of protected natural resources, such as parks, wildlife reserves, and designated wilderness areas. Five ecological and 11 anthropic techniques have been suggested for use in cross-boundary management. The categories are not mutually exclusive, but each is a distinct and representative approach, suggested by various authors from academic, managerial, and legal professions. The ecological strategies stress the collection of basic data and documentation of trends. The anthropic techniques stress the usefulness of cooperative guidelines and the need to develop a local constituency which supports park goals. However, the situation is complex and the needed strategies are often difficult to implement. Diverse park resources are influenced by events in surrounding lands. The complexity and variability of sources, the ecological systems under protection, and the uncertainty of the effects combine to produce situations for which there are no simple answers. The solution to coexistence of the park and surrounding land depends upon creative techniques and recommendations, many still forthcoming. Ecological, sociological, legal, and economic disciplines as well as the managing agency should all contribute to these recommendations. Platforms for change include legislation, institutional policies, communication, education, management techniques, and ethics.