环境科学数字图书馆信息资源建设中的著作权问题

针对数字图书馆信息资源建设中面临的著作权问题,依照著作权法等相关法律,分析了环境科学数字图书馆建设中涉及到的实体馆藏文献数字化、虚拟馆藏等著作权问题,并提出了完善相关法律、加强著作权集体管理体制、建立图书馆版权联盟等对策与措施。     

关于国家环境保护“十三五”规划的战略思考

在对我国当前环境形势以及未来重大环境保护问题识别的基础上,结合国家生态文明建设新要求,提出了"十三五"环境保护规划体系以及规划目标的设想,并从国民经济绿色化、国土空间功能化、保护环境法治化、环境供给市场化、决策监管科学化、治理主体多元化、环境信息公开化等7个方面给出了基本策略建议,可为制定国家"十三五"环境保护规划提供参考。     

法治国家和风险社会理念下的环境治理机制

面对现代环境问题,我国环境治理需要以法治国家和风险社会理念为基础进一步完善。法治国家要求立法、行政与司法的长期稳定、系统有效运作,而风险管理需要以科学技术进步为基础,对风险有及时认知和科学评估,两方面都是人类社会可持续发展的理念支撑。现代环境行政法首先强化了直接行政监管,不断加强对私权干涉的程度,而且扩展了现代环境规划制度,还创新了环境影响评估制度,同时针对现代环境问题的源头:经济上的外部性,针对性采取多种经济手段。此外在风险沟通和信息公开以及加强程序性权利上,公众参与制度进一步得到细化。这些环境治理行政手段既继承了国家传统行政机制,又都基于法治国家与风险管理理念予以补充,以更有效地、针对性地实现现代环境保护。     

浅析以科技信息为主线的环境协同治理

提高我国环境行政效率的关键是强化合作协调的环境治理理念,其核心载体是科技数据为核心的信息管理体系.科技进步与信息管理系统化决定着现代环境治理超越传统的危险防范而进入风险预防领域,也就决定了现代环境保护中合作与协调的核心理念.与环境保护的预防原则和环境许可制相适应,环境技术标准体系是现代环境科技信息体系的集中体现.同时环境法律监管体系也需要以信息系统和数据库为重点向综合环境治理发展,其中环境质量达标制(结果导向型监管)和环境治理中的规划都以环境信息综合集成管理为基础的.对于信息社会和互联网时代下、民主法治建设中、全球化进程里的中国环境治理,既有机遇又面临挑战.     

Adaptive Comanagement for Building Resilience in Social–Ecological Systems

Ecosystems are complex adaptive systems that require flexible governance with the ability to respond to environmental feedback. We present, through examples from Sweden and Canada, the development of adaptive comanagement systems, showing how local groups self-organize, learn, and actively adapt to and shape change with social networks that connect institutions and organizations across levels and scales and that facilitate information flows. The development took place through a sequence of responses to environmental events that widened the scope of local management from a particular issue or resource to a broad set of issues related to ecosystem processes across scales and from individual actors, to group of actors to multiple-actor processes. The results suggest that the institutional and organizational landscapes should be approached as carefully as the ecological in order to clarify features that contribute to the resilience of social–ecological systems. These include the following: vision, leadership, and trust; enabling legislation that creates social space for ecosystem management; funds for responding to environmental change and for remedial action; capacity for monitoring and responding to environmental feedback; information flow through social networks; the combination of various sources of information and knowledge; and sense-making and arenas of collaborative learning for ecosystem management. We propose that the self-organizing process of adaptive comanagement development, facilitated by rules and incentives of higher levels, has the potential to expand desirable stability domains of a region and make social–ecological systems more robust to change.Published online     

突发环境事件应对中信息公开制度的完善

近年来我国突发环境事件频发,给经济社会带来了严重影响。对突发环境事件的应对,暴露出信息公开不及时、不充分,对谣言回应不及时等不足。此外,谣言的广泛存在与传播,使得突发环境事件应对效果难以实现最大化。产生这种情况是因为突发环境事件应对中,信息公开法律规定与实践不足、信息传播不对称与集体行为等。对此,体系化的信息公开法律制度建设与完善显得尤为重要。为减少突发环境事件中因信息公开不足及谣言产生的危害,我们一方面需要通过扩大信息公开主体范围、明确信息公开程序、对象等措施强化信息公开制度建设,另一方面需要开展谣言与集体行为方面的研究,为突发环境事件的应对提供有效支撑。     

Environmental system management and governance needs in a developing country

Environmental governance in the twenty-first century in Bangladesh faces serious challenges in terms of improving service delivery. There are surfeits of laws, rules and regulations as well as institutions to manage and govern the environmental sector. The legal regime is quite comprehensive, yet little attempts have been made so far to iron out the contradictions and duplications among existing rules and regulations. Institutions continue to suffer because of a number of reasons. Coordination among different ministries and other agencies in the governmental and non-governmental sectors is poor. Inter-organizational meetings and other follow-up meetings are not regularly held and usually fail to achieve their intended objectives. Though attempts have been made to involve people at the formulation stage of action plans, seldom people are taken into confidence and consulted with when these plans are implemented. One of the consequences of such a situation is people’s lack of interest in government-sponsored environmental protection programs. The decision-making procedure/situation of different environmental development projects and policies did not follow the holistic or coordinated principles so that post-impacts of works appeared vast and diverse conflicts. This paper tries to search the history of environmental protection of Bangladesh, relevant environmental laws, rules, regulations and projects and major international conventions, treaties, and protocols signed or ratified by Bangladesh as well as investigates the current situation, mechanism and decision making regarding environment in the context of environmental governance, analyzing the problems and also explored the challenges for environmental management in Bangladesh and associated problems and risks of system and finally proposed some core guidelines of effective environmental governance and system management for Bangladesh.     

从协调到协同：跨区域环境治理中的监管体制改革与路径——基于万达开川渝统筹发展示范区视角

区域环境协同治理理论可为跨区域环境监管体制改革提供重要理论支撑。在政策和法律法规的推动下,近年来我国跨区域环境治理取得了一定成效,但是仍存在中央与地方权责划分不明,跨区域环境监管缺乏权威性,环境监管垂管制度改革不彻底等问题。现有机制无法有效支撑地方政府开展跨区域环境监管和深层次的环境协同高效治理。为进一步突破现有的制约障碍,提高跨区域环境协同治理效率,应当进一步加快中央层面的跨区域统一立法和地方层面的跨区域协同立法,以法律保障跨区域环境监管体制改革向纵深推进,将中央与地方政府环境保护的权责在法律中进行明确和细化,中央政府成立专门的跨区域环境治理机构,地方层面成立跨区域环境治理协同机构,理顺跨区域环境治理中的纵向和横向关系,进而推进我国生态文明体制建设。     

Multilevel Water Governance and Problems of Scale: Setting the Stage for a Broader Debate

Environmental governance and management are facing a multiplicity of challenges related to spatial scales and multiple levels of governance. Water management is a field particularly sensitive to issues of scale because the hydrological system with its different scalar levels from small catchments to large river basins plays such a prominent role. It thus exemplifies fundamental issues and dilemmas of scale in modern environmental management and governance. In this introductory article to an Environmental Management special feature on “Multilevel Water Governance: Coping with Problems of Scale,” we delineate our understanding of problems of scale and the dimensions of scalar politics that are central to water resource management. We provide an overview of the contributions to this special feature, concluding with a discussion of how scalar research can usefully challenge conventional wisdom on water resource management. We hope that this discussion of water governance stimulates a broader debate and inquiry relating to the scalar dimensions of environmental governance and management in general.     

跨国公司环境治理机制研究——以“供应链法”域外适用为依归

欧美诸国近年来相继推行的“供应链法”是完善跨国公司环境治理机制的新路径，但存在侵犯主权独立等诸多隐忧。本文以加强跨国公司环境治理为出发点，探讨了跨国公司母国“供应链法”域外适用机制的理论依据及实践经验。并从我国立场出发提出，鉴于“环境权”与“其他人权”存在法理差异及避免政治争议考量，我国学者和相关企业应当在国际层面积极呼吁将环境问题与其他人权问题分开处理。同时，我国相关部门应当吸取“供应链法”域外适用机制的有利经验，实现从行业协会引导到政府部门主导，从软法到硬法，逐步建立和完善我国跨国公司治理的国内法域外适用机制。最后，我国主管部门应当尽早颁行《阻断外国法律与措施不当域外适用办法》的配套实施机制，以期将他国法律政治化域外适用对我国主权的不利影响降至最低。     

Application of chaos theory to solving the problems of social and environmental decline in Lesotho

This paper examines the definition of chaos theory and its use in different circumstances. The paper explains that environmental crisis is complex, chaotic and unstable and will remain so unless actions are taken to reverse the trend. It further suggests that chaos theory could be used to interpret the crisis and help identify solutions. By recommending the application of chaos theory to the environmental problems in Lesotho, the paper explores some of the key issues that contribute to and perpetuate the environmental situation, for example, the current land tenure system and the problem of overgrazing. In addition, it identifies appropriate and realistic government policies that could be implemented to address the environmental degradation in the country. The paper concludes that the application of chaos theory may be unable to help solve the environmental crisis in Lesotho unless there is political will and commitment and collective effort from all stakeholders, coupled with an attitudinal change.     

Environmental practices of governance of companies in emerging markets: An analysis of structural relationships

The aim of this study is to analyze the structural relationships between strategy, environmental performance, and disclosure in view of the lack of research on these endogenous activities. To analyze these relationships, an environmental governance proxy consisting of five dimensions was developed for Brazilian companies. Hence, from an economic perspective, a trend is expected of companies disclosing more information and maintaining an environmental governance structure to avoid or reduce potential political costs. Using the structural equation technique, 573 Brazilian companies were analyzed. According to the results, the Brazilian companies’ mean compliance level with environmental governance practices is 49.2%. There is evidence of a positive association between the governance structure and the environmental management system (GSEM) as well as environmental performance (EP) and environmental disclosure levels (DISC). In addition, the level of environmental conflicts of interest a sector faces increased the need for environmental disclosure. Furthermore, the results demonstrate that the latent variables, GSEM and EP, exert direct and indirect positive effects on DISC. In other words, companies with more structured environmental management systems have obtained better performance indicators, and consequently, are more likely to feel encouraged to disseminate environmental information and to reduce political costs than is the case with other companies.     

大数据时代政府环境治理路径创新

本文针对政府环境治理面临政府失灵、市场失灵和社会低效三个困境,提出运用大数据方法创新治理路径。政府应用大数据提高环境治理过程中的事前、事中和事后监管效能,创新监管模式提升环境治理能力,改善政府失灵困境;依托大数据完善市场化调节机制,激励企业环境行为市场化,构建企业环境信用评价体系,改变企业环境信息披露模式,弥补市场失灵;利用大数据增进公众环境意识,建设公开、透明、平权化的环境信息交互体系,重视环境信息的舆情引导,促进环保价值理念传播,改变公众参与低效现状。进而提出完善大数据治理平台、技术和体系,构建政府、企业、公众共同参与的立体化环境治理模式,提高环境治理的精准化、精细化和智能化水平。     

Politicisation and professional expertise in the policy of nature conservation

In this paper, the policy of nature conservation in Norway is analysed, with a particular focus on policy development during the last decade moving in the direction of multi-level governance. It is argued that the logic of policy making has shifted from what can be described as 'the politics of expertise' to a process of 'politicisation'. A process of politicisation can be observed both in terms of the nature of arguments being used, and in terms of who the dominant actors are. The subjects of analysis are issues taken up by the political parties in the Parliament, and the paper focuses on two controversial questions. One is about the localisation of conservation areas on private land and the state's liability for compensation. The other is the question of whether the management of conservation areas, and in particular national parks, should be under the control of local government or the state environmental bureaucracy. The analysis documents a process moving in the direction of more complex governance structure involving more actors and broader local participation challenging the role of the professional bureaucracy.     

Environmental Systems and Local Actors: Decentralizing Environmental Policy in Uganda

In Uganda, environmental and natural resource management is decentralized and has been the responsibility of local districts since 1996. This environmental management arrangement was part of a broader decentralization process and was intended to increase local ownership and improve environmental policy; however, its implementation has encountered several major challenges over the last decade. This article reviews some of the key structural problems facing decentralized environmental policy in this central African country and examines these issues within the wider framework of political decentralization. Tensions have arisen between technical staff and politicians, between various levels of governance, and between environmental and other policy domains. This review offers a critical reflection on the perspectives and limitations of decentralized environmental governance in Uganda. Our conclusions focus on the need to balance administrative staff and local politicians, the mainstreaming of local environmental policy, and the role of international donors.     

The supervision of environmental risk: The case of HCB waste or Botany/Randwick?

The governance activities of capital and the state include attempts to control the timing and spacing of social activities such as the production of environmental risks and settlement of different social groups. The supervisory activities that have shaped the environmental and social history of the Botany/Randwick area are identified here, to examine how the HCB waste risk developed in that community. The analysis shows that multiple environmental risks and an ethnically diverse, working class community have been brought together in space to create environmental injustice. Analysing the governance of one environmental risk like hexachlorobenzene (HCB) waste may not increase understanding about communities facing multiple environmental risks or the supervisory processes that lead to the unfair accumulation of risks for particular places or social groups. Lessons from the environmental justice movement suggest that reframing problems like HCB waste management at Botany/Randwick as distributive justice issues may contribute to governance arrangements that better manage multiple risks and pollution sources in space affecting marginalised communities.     

A collaborative approach to address the cumulative impacts of mine-water discharge: Negotiating a cross-sectoral waterway partnership in the Bowen Basin,Australia

The social and environmental impacts of rapidly expanding coal and gas industries have generated high levels of public concern and there is increasing evidence of cumulative impacts. In the Bowen Basin of Queensland (Australia) water quality issues have triggered a collaborative response to coordinate monitoring efforts, integrate data and information and undertake regional analysis to inform landscape-scale management. Collaborative governance is promoted as a response to complex environmental problems, such as cumulative impacts. However, application of this approach to the resources and energy sectors remains a significant research gap. This paper reports the results of action research in the 2 years taken to negotiate the establishment of collaborative governance arrangements to address mine-water discharge impacts in the Bowen Basin. The long establishment phase has been required to refine objectives, build trust, develop governance mechanisms and secure resourcing commitments. The partnership established involves more than 20 organisations including regulators, resources and energy companies, agricultural industries and research organisations. The breadth of participating sectors is a significant innovation, but also represents a major challenge in establishing this model of regional environmental governance. Promising strategies adopted to manage these tensions have included neutral brokerage, facilitative leadership, establishing legitimacy of the collaboration and credibility of its reports. The case study provides a cautionary tale of the pursuit of the promise of ‘everyone working together’ to address cumulative impacts. Policy implications include the need for extended commitment and integration of collaborative and other responses.     

中国改革开放40年生态环境保护的历史变革——从“三废”治理走向生态文明建设

中国改革开放的40年也是生态环境保护管理体制不断改革和飞跃的40年。自1972年开展生态环境保护工作起,围绕着解决不同发展阶段突出环境问题的需要,每10年左右实现一次环境管理体制改革"大跨跃",不断改革、创新和发展了具有中国特色的生态环境保护治理体系与模式。坚持在发展中解决环境问题,以改善生态环境质量为核心,逐步构建了符合不同发展阶段特征的生态环境保护管理体系,包括完备的生态环境规划政策体系、完善的生态环境治理体系、完整的生态环境保护法律体系。在新时代中国特色社会主义建设过程中,应瞄准建设美丽中国的战略目标,立足中国、放眼世界,坚持绿色发展,做好顶层设计,构建生态环境管理体系新格局,共建清洁美丽世界。     

Politicisation and professional expertise in the policy of nature conservation

In this paper, the policy of nature conservation in Norway is analysed, with a particular focus on policy development during the last decade moving in the direction of multi-level governance. It is argued that the logic of policy making has shifted from what can be described as 'the politics of expertise' to a process of 'politicisation'. A process of politicisation can be observed both in terms of the nature of arguments being used, and in terms of who the dominant actors are. The subjects of analysis are issues taken up by the political parties in the Parliament, and the paper focuses on two controversial questions. One is about the localisation of conservation areas on private land and the state's liability for compensation. The other is the question of whether the management of conservation areas, and in particular national parks, should be under the control of local government or the state environmental bureaucracy. The analysis documents a process moving in the direction of more complex governance structure involving more actors and broader local participation challenging the role of the professional bureaucracy.     

Transparency in global sustainability governance: to what effect?

ABSTRACT

Transparency in environmental governance is no longer an uncontroversial answer to problems of accountability and effectiveness. How to design effective transparency systems and in what policy contexts they are effective remain contested issues. This special section, consisting of this introduction and four research articles, interrogates complex and potentially conflicting links between transparency, accountability, empowerment and effectiveness in environmental governance. Building on existing literature and the four contributions, we discuss persisting diversity in varieties of transparency, the evolving dynamics of commodity chain transparency, and the consequences of emerging novel forms of digitalized transparency. As we show, the contributions to this special section interrogate in novel ways the transformative potential of transparency, through shedding light on the performative effects of transparency in ever more complex environmental governance contexts. These contexts may include, inter alia, the growing ubiquity of traceability in transnational commodity chains, the need for ever more anticipatory (ex-ante) forms of environmental governance, and an ever-broadening quest for digitally monitored environments. In particular, the impacts of the real-time ‘radical’ transparency engendered by use of novel digital technologies remain under-analyzed in the sustainability domain. We conclude by raising several critical concerns that deserve further scientific research and policy debate.