论环境风险预防原则中的风险阈值

如何把环境风险预防原则确立为环境法的基本原则,一个重要的问题就是"环境风险"的界定。通过对法律意义上的环境风险进行分析,指出确立风险阈值的原因,即我国对"环境风险"的界定不清,环境风险的风险性缺乏法定依据以及不同种类的利益之间存在冲突等,进而从明确环境风险的类型、评估环境风险量度、明确责任归结三方面思考了风险阈值的确立问题。     

Putting Precaution to Debate – about the Precautionary Principle and Participatory Technology Assessment

Technology assessment (TA) as aninstitution was introduced nearly thirty yearsago as an instrument to render possible themaking of responsible decisions concerning newtechnological options. Another recentdevelopment however has been the introductionof participatory technology assessment (pTA),mainly connected to the growing insight thatthe evaluation of technological options withrespect to their risks and benefits, is not –only – a scientific question. This paper willfocus on the questions, to what degree theideas of technology assessment and thePrecautionary Principle are connected and how.Without naming it explicitly, the PrecautionaryPrinciple is put to debate in the``TA-arrangement on the cultivation oftransgenic herbicide resistant crops,'organized by the Science Centre, Berlin. Fromthe perspective of ethical clarification, someunique features concerning theconceptualization of the discoursive procedureand reconstruction of the argumentation processin order to come to results have to beanalyzed. Finally the performance and resultsof the pTA-arrangement are reflected in thelight of the Precautionary Principle andconclusions are drawn.     

Ethical and Value-based Aspects of the European Commission's Precautionary Principle

In February 2000, the EuropeanCommission adopted a Communication on theprecautionary principle. This states how theCommission intends to apply the principle andestablishes guidelines for its application. Thedocument is intended to inform discussions oninternational agreements. In particular, itprovides a defense of European Union (EU)precautionary policies in case of tradedisputes, for example, in case the EU isaccused of imposing unfair trade barriers onexports of genetically-modified (GM) productsfrom the United States under the rules of theWorld Trade Organisation. In the communication,the Commission emphasizes the scientificaspects of the precautionary principle, perhapspartly to counter claims from US officials thatthe EU's reluctance to accept GM imports is notbased on science but is politically-motivated.However, a principle is by definition a moralguide to behavior. In other words, it is anethic. The precautionary principle should beviewed as a complement to science, to beinvoked when a lack of scientific evidencemeans that outcomes are uncertain. Anyinterpretation of this principle needs to placeat least as much emphasis on its ethical andvalue-based aspects as on its scientificjustification. The Commission's interpretationrisks undermining the painstaking progress madeamong European Union member states inresponding to public concern about GM crops andfood by adopting increased precaution. Thispaper explores the balance between thescientific and ethical/value-based aspects ofthe precautionary principle as set out in theCommission's communication, to make the casethat it is the ethical and value-based aspectsrather than the scientific aspects of theguidelines that need strengthening.     

The Precautionary Principle for Environmental Management: A Defensive-expenditure Application

The Precautionary Principle has emerged in response to the need for an effective method for dealing with risks and uncertainties in environmental management. In essence, the Principle requires action to prevent serious and irreversible damage even before harm can be scientifically demonstrated or economically assessed. Proponents argue that the Principle should be applied in situations where both the probability and value of irreversible damage are unknown. The lack of these particular data prevent a full cost–benefit analysis, but permit application of the Principle through the defensive-expenditure approach. How much would the community be required to pay to fund alternatives to maintain the environment and so defend existing levels of utility? Through the application of risk analysis and the stochastic dominance technique, a range of options and outcomes can be examined incorporating the using available information within a framework consistent with economic rationality. An extended risk simulation is applied to an environmental issue where there is a risk of serious and irreversible damage to the environment, namely, protection of the Barmah-Millewa forest-wetland in Australia.     

The Precautionary Principle: Scientific Uncertainty and Omitted Research in the Context of GMO Use and Release

Commercialization of genetically modified organisms (GMOs) have sparked profound controversies concerning adequate approaches to risk regulation. Scientific uncertainty and ambiguity, omitted research areas, and lack of basic knowledge crucial to risk assessmentshave become apparent. The objective of this article is to discuss the policy and practical implementation of the Precautionary Principle. A major conclusion is that the void in scientific understanding concerning risks posed by secondary effects and the complexity ofcause-effect relations warrant further research. Initiatives to approach the acceptance or rejection of a number of risk-associated hypotheses is badly needed. Further, since scientific advice plays a key role in GMOregulations, scientists have a responsibility to address and communicate uncertainty to policy makers and the public. Hence, the acceptance of uncertainty is not only a scientific issue, but is related to public policy and involves an ethical dimension.     

The Moral Foundation of the Precautionary Principle

The Commission's recentinterpretation of the Precautionary Principleis used as starting point for an analysis ofthe moral foundation of this principle. ThePrecautionary Principle is shown to have theethical status of an amendment to a liberalprinciple to the effect that a state only mayrestrict a person's actions in order to preventunacceptable harm to others. The amendmentallows for restrictions being justified even incases where there is no conclusive scientificevidence for the risk of harmful effects.However, the liberal tradition has seriousproblems in determining when a risk of harm isunacceptable. Nevertheless, reasonable liberalarguments in favor of precaution can be basedon considerations of irreversible harm andgeneral fear of harm. But it is unclear whenthere considerations can be overridden.Within the liberal framework, the Commissionadvocates a so-called proportional version ofthe Precautionary Principle. This should beclearly distinguished from a welfare-basedapproach to precaution based on risk-aversiveweighing up of expected costs and benefits.However, in the last resort, the Commissiondoes seem to make a covert appeal to suchconsiderations.     

我国环境法确立风险预防原则的思考

环境风险预防原则是应对环境风险日益凸显的重要原则。通过对环境风险预防原则的分析,发现环境风险预防原则在我国确立中还存在着对其研究程度不够、混同于"预防为主,防治结合"原则以及仍惯于事后执法的传统思维等问题。面对挑战,应多措并举推进环境风险预防原则建设,例如确立环境风险预防原则作为环境法基本原则,转变举证责任主体的机制、建立信息公开等与风险预防原则相关的法律制度,拟采过错责任为风险预防的归责原则,从而预防和遏制环境风险的产生与扩散。     

The Introduction of the Precautionary Principle in Danish Environmental Policy: The Case of Plant Growth Retardants

In this paper, we investigate the Precautionary Principle (PP) in action. Precaution is a fairly new concept in environmental policy. It emerged back in the 1960s but did not consolidate until the 1980s, as it formed part of the major changes taking place in environmental policies at that time. The PP is examined in three contexts. Firstly, we look at the meaning of the concept and how it is disseminated through the media and public discourses to the political arenas of Denmark. Then we examine how the idea is adopted to the political level. Thirdly, we look briefly at the first Danish translation of the principle into a practical context, which includes translations into concrete scientific practices. It is concluded that if the PP shall be more than a simple “idea” or a frequently used “term,” emphasis must be put on the transformation of the concept into concrete practices, like e.g., the alternative testing regimes that we show in the case of plant growth-retarding pesticides presented in this paper.     

论环境污染的危害及其防治措施

论述了环境污染造成的危害性 ,分析了我国环境污染的特点 ,并在此基础上提出了保护环境和治理污染的相应措施。     

论预防性环境民事公益诉讼中"重大风险"的司法认定

针对"具有损害社会公共利益重大风险的污染环境、破坏生态行为"提起的民事公益诉讼是为预防性环境民事公益诉讼,有助于将预防为主环保原则落实于诉讼程序.但在司法实践中,作为核心要素的"重大风险"仍存在内涵模糊、认定主体错位、认定路径不清等认定困境.为此,应逐一做以下完善:通过界定基础对象和划定程度要求,进而明确内涵;矫正认定主体,澄清法院是唯一决定性认定主体,但同时为行政机关和专家辅助认定设计制度渠道;最后,还应适宜地构建具体认定路径.     

Taking risks with the precautionary principle: food (and the environment) for thought at the European Commission

Various parties relate to the precautionary principle with various understandings, claims and hopes. One of the ways to comprehend this multiplicity of meanings is to examine the composition of this problematic norm in the societal and institutional settings where it occurs. In this paper, I address its elaboration on the European Union institutional terrain with the European Commission's Communication on the Precautionary Principle. This effectuation of the precautionary principle embraces a number of issues of transnational or multilevel governance, expertise, legitimacy and sovereignty. The crucial matter that this paper engages in initially is that of risk analysis, the procedural framework that the precautionary principle confronts with its innovative articulations of science and policy-making, but to which I argue that it succumbs in part. Also explored, in turn, are further framings of the precautionary principle: science versus policy, a given policy domain—environment—in relation to others, as well as action versus inaction (whereas I argue that the precautionary principle ought to be about acting and doubting). These are further evaluated in the conclusions, together with the predicament of establishing a common understanding or defining the precautionary principle. I show that, complementary to drivers of divergence, one finds support for a common approach, though there is no radial symmetry in these tangled stakes, and any ‘diffusion’ of the precautionary principle has to be actively carried out for a shared understanding to be more widely shared. In this process, Europe, the European Commission, its Communication, and the precautionary principle are being shaped into diverse compositions of unity in diversity. Copyright © 2002 John Wiley & Sons, Ltd.     

外来物种入侵及其环境法律调控准则

随着世界经济、贸易和交通高度发达的影响，外来物种入侵活动且益加剧，已尼成为威胁我国生物多样性与生态环境的重要因素之一，对我国的一些地区造成了巨大的生态和经济损失。有关外来入侵物种管理的立法应贯彻风险预防原则。     

汕头地区农业生态系统中有机氯农药的研究

有机氯农药（Organochlorine Pesticides,OCPs）是一类由人工合成的杀虫广谱、毒性较低、残效期长的化学杀虫剂。本文以汕头市为研究区域,探讨了土壤OCPs的残留现状和特征,并对该区的土壤进行了环境质量评价和初步的生态风险评价。结果表明：（1）汕头地区土壤中OCPs的检出率高达99.13％,OCPs残留量的平均值是113.37 ng·g^-1,主要的OCPs污染物为DDTs和硫丹类;南澳县OCPs残留量平均值最高（174.68 ng·g^-1）,其次为龙湖区,濠江区含量平均值最低（69.24 ng·g^-1）;（2）与国内外一些地区土壤中OCPs的残留量对比,本研究区域土壤中的OCPs处于中等污染残留水平;与美国马里兰州标准、纽约州可容许的土壤浓度标准和我国的土壤环境质量标准相比较,OCPs基本没有超标;（3）本研究地区土壤存在较高的生态风险,OCPs可能对环境造成一定的危害,其中生态风险最高的是DDTs,BHCs的生态风险较低。     

Fitness Landscapes and the Precautionary Principle: The Geometry of Environmental Risk

The Precautionary Principle is a legal mechanism for managing the environmental risk arising from incomplete scientific knowledge of a proposal's impacts. The Precautionary Principle is applied to actions that carry with them the potential for serious or irreversible environmental change. The model proposed in this paper draws on methods used in a range of disciplines for modeling (potentially highly nonlinear) interactions between multiple parts of a complex system. These methods have been drawn together under the common mathematical umbrella of Fitness Landscape Theory. It is argued that the model, called “Environmental Impact Fitness Landscapes,” allows statements about the sensitivity of the gross effect from a set of impacts to be made when the number of impacts in the set, and/or their degree of interaction, is varied. It is argued that this can be achieved through identification of “meta” or “emergent” properties of the set itself, without reference to the specific causal chains determining behavior in specific instances. While such properties are very general, they may at least allow for the parameterization of the effects of sets of impacts where interactions are highly uncertain and empirical data severely limited, i.e., situations that would typically invoke the Precautionary Principle.     

Genetically Modified (GM) Crops: Precautionary Science and Conflicts of Interests

Risk governance of GM plants and GMfood products is presently subject to heatedscientific and public controversies. Scientistsand representatives of the biotechnologyindustry have dominated debates concerningsafety issues. The public is suspicious withregard to the motives of scientists, companies,and political institutions involved. Thedilemmas posed are nested, embracing valuequestions, scientific uncertainty, andcontextual issues. The obvious lack of data andinsufficient information concerning ecologicaleffects call for application of thePrecautionary Principle (PP). There are,however, divergent opinions among scientistsabout the relevance of putative hazards,definition of potential ``adverse effects,' andwhether actions should be taken to preventharm. The reliance on the concept ofsubstantial equivalence in safety evaluation ofGM food is equally controversial. Consequently,value assumptions embedded in a scientificframework may be a barrier for employment ofthe PP. One of our major conclusions is thatprecautionary GMP usage requires riskassessment criteria yet undeveloped, as well asbroader and more long-term conceptions of risk,uncertainty, and ignorance. Conflicts ofinterest and public participation are otherissues that need to be taken intoconsideration. GMP governance regimes that arejustifiable from a precautionary and ethicalpoint of view must transcend traditionalscientific boundaries to include alternativescientific perspectives as well as publicinvolvement.     

碳捕集与封存技术适用风险预防原则的理论建构与路径完善

以碳捕集与封存为典型的新兴技术在应对气候变化上的降碳功能显著,但该技术颇具不确定性。“决策于未知”成为政府规制技术风险的真实写照,如何在鼓励碳捕集与封存技术发展,助力“双碳”目标实现的同时,应对随之而来的风险挑战与安全诉求,既是国家必须肩负的义务,也是回应公众期待的内在要求。应运而生的风险预防原则作为应对气候变化的重要举措,为技术风险规制提供了合法性与正当性基础,对于碳捕获、封存技术发展与碳中和目标实现具有重要现实意义。为此,风险预防原则在技术规制中,应当整体遵循弱风险预防理念,彰显秩序、正义和效率的多元价值诉求,实现科学理性与社会理性的平衡。在此基础上,通过多手段的综合应用,开放的风险决策结构,强化风险管理的动态调试,以预防性环境行政公益诉讼为保障,将风险预防原则融汇于碳捕集与封存技术风险规制中。     

生物体内有机氯农药的研究进展

有机氯农药是高残留农药，进入生物体后会长期残留，对生物体产生危害。近年来，生物体中的有机氯农药的研究越来越引起各国环境化学家、生态学家的重视，渐渐成为环境化学、生态毒理学研究的热点之一。本文总结了近年来国际上有关生物体内有机氯农药的研究进展情况，以及所取得的主要研究成果。     

Finding a Balance Over Precaution

Three interpretations of theprecautionary principle are identified, namely``soft,' ``hard,' and outright rejection. The ECCommunication of February 2000 is largely aresponse to the latter, to provide alegitimation in trade-related WTO disputes.This context leads to an over stress onscientific closure. This is critiqued asidealistic in respect of resolving long termuncertainties inherent in the GM food issue.While offering some useful guidelines in riskmanagement, the EC report seriously fails totake into account the ethical and societaldimension of risk. These are crucial both indetermining when precautionary principle isinvoked and the action to be taken. The EC viewleans too much to a scientific rationalist riskperspective. However, the ``Green'interpretation of the precautionary principleas a reversal of the burden of proof is alsocriticized as inconsistent both with the natureof technology and with the nature of reality asseen in a Christian perspective. Biblicalinsights on risk reveal a balance ofintervention and conservation in a world whererisk is inherent. The notion of risk as asocial contract reveals that ethical andsocietal issues have a crucial role to play inapplying the precautionary principle.     

从色觉、科学仪器、测不准原理看非决定论

通过对色觉、科学仪器、测不准原理的分析,认为认识在感性阶段是客主体相互作用的结果.感官的生物学意义在于对客体的区别.这种区别是相对准确的,而不是与客体严格一一对应的.科学仪器是人感官的延伸.色觉与其它感官和科学仪器同是人类认识工具.测不准问题是与认识工具直接相关,与客主体相互影响密不可分的,它在宏观上和微观上同时存在,它不是非决定论的理论依据.