Government policy and environmental protection in the developing world: The example of Nigeria

Environmental protection is a topical and controversial issue of contemporary Third World development. As a result of the growing crisis of environment and development as well as issues of global environmental balance, divergent views and proposals have been put forward by external governments, international agencies, and environmental groups in resolving the environmental degradation problems of the developing world. However, very little appraisal has been made of the efforts by indigenous Third World governments in facing up to their environmental conservation issues. This article examines the role of past and recent government environmental control policies and programs in Nigeria. The article analyzes three aspects of environmental protection: (1) the theoretical economic bases of environmental protection and the Nigerian approach to environmental protection, including traditional values and modern institutional control measures, the latter embracing nature conservation efforts; (2) environmental considerations in national development plans; and (3) the evolution of a federal environmental protection agency and a national policy on environment. Finally, the article discusses the future challenges and directions for environmental policy.     

浅析环境利益保护视阈下《物权法》的完善

环境利益是人类从环境中获取的维持生命延续与自我发展的效用,以及能动地利用自然环境所形成的各种利益。在环境问题与环境危机的影响下,环境利益的实现必定受到阻碍。《物权法》规定了自然资源物权和环境保护相邻权,却忽视环境利益保护的理念,在物权客体范围与相邻关系等方面亦存在明显局限。应将"环境利益"纳入民事立法,尤其是《物权法》中,通过确立环境物权,丰富环境容量使用权、环境保护相邻权的相关内容,实现对《物权法》的完善,促进环境利益的民事法律保护与救济。     

刍论环境保护相邻权制度

传统相邻权在调整不动产所有人和使用人的相互关系中起到了重要的作用，但在调整范围和权利保护范围上存在不足。环境保护相邻权的确立可有效弥补这些缺陷，更好地保护公民的人身、财产和环境权益。环境保护相邻权制度的建立符合社会公共道德的要求，有利于构建和谐社会。最新通过的《物权法》在这方面的规定存有不足，应当明确规定环境保护相邻权。     

Introduction of Participatory Conservation in Croatia, Residents’ Perceptions: A Case Study from the Istrian Peninsula

Croatia, like many other transition countries has undergone radical changes in its nature protection models. This paper discusses a historical overview, present situation and future possibilities for nature conservation in Croatia. A conservative top-down approach to nature protection was applied in the past in Croatia and is now being replaced by a prevalent bottom-up approach. Social context is crucial to introducing participatory conservation, therefore special concern is given to the perception of the local population towards protected area management in Istria as a case study in Croatia. Survey data were used to assess the conservation knowledge of local populations and their perception towards Protected Areas (PAs), leadership activities and management authorities in Istria County. This paper examines the perceptions of 313 residents living in and around six natural PAs located in Istria. The results revealed a moderate general knowledge about PAs in Istria and environmental issues, and a low awareness of institutions managing PAs, eagerness to participate in the activities of PAs and general support for the conservation cause. Understanding the perception of local residents enables the creation of feasible, long-term strategies for the implementation of participatory conservation. The research identifies the need for greater human, technical and financial efforts to strengthen the management capabilities of local agencies responsible for PAs. The process of participatory conservation optimization in Croatia is underway and world experiences must be observed in order to create a congruent, site-specific model with the best possible results.     

生态文明产权制度的界定、分类及框架研究

生态文明产权制度是生态文明制度体系建设的根基。生态文明产权制度可划分为自然资源产权制度、环境资源产权制度和气候资源产权制度三大类别。自然资源产权制度包含水权、林权、矿权、渔权和能权,环境资源产权制度包含排污权和生态权,气候资源产权制度包含碳排污权和碳汇。在大国责任的国际背景下,生态文明产权可用总量控制是硬性约束,必须以自然、环境和气候资源的产权总量控制为前提,确保全国总体生态水平在可预见的时间达到可控制的范围之内。有效地推进自然、环境和气候资源的初始产权界定,运用生态文明产权价格机制促进生态文明产权交易,并运用生态文明产权保护制度确保初始产权界定、产权交易机制和产权价格机制的顺利推进和开展。形成以产权总量控制为前提,以初始产权的界定和分配为基础,以产权交易机制为手段,以产权价格机制为核心,以产权保护制度为保障生态文明产权制度框架。     

韦伯命题与环境伦理的演变

生态环境问题始终沿着人类社会发展的轨迹演进,探究这一现象背后的精神动因,会发现新教伦理既推动了人类社会的发展,又与人类中心主义的思想渊源相契合,使生态环境状况日益恶化。生态中心主义否定了人类统治自然的合法性,将价值主体沿着新教伦理的逻辑方向扩大到自然,但却忽视了人类在环境演变进程中的能动作用。而人与自然和谐相处的思想则是对人类中心主义和生态中心主义的择优,既张扬了人类的理性和智慧,又承认了自然与人类的平等地位,这是韦伯命题的又一巨大贡献。     

Prospects for the co‐management of mangrove ecosystems on the North Brazilian coast: Whose rights,whose duties and whose priorities?

This article describes the co‐management approach in situations of open access to and of increasing pressure on resources, using a mangrove coastal zone in North Brazil as an example. Co‐management clearly has the potential to turn nonviable, de facto open access to mangroves into effective common property management. Alliances of different political and ideological groups have been formed under the RESEX (reservas extrativistas — natural resource user reserve) model of coastal co‐management. Local economic interests have been mobilized as client constituencies. The RESEX system of co‐management assigns additional duties to both co‐managing parties, i.e., the state administration and the local users, in exchange for new rights. The authors argue that local support for the RESEX model has been gained on partially distorted premises. As the public authority passes on responsibility for management to local users under the RESEX model, this entails a number of duties for the local users. Thus local users assume the duty to implement and monitor resource management; they also appear to gain the right to take local decisions, such as excluding outsiders from resource access, and designing local resource management rules. However, as this article shows with two examples, some important new rights for local users under the RESEX co‐management concept are contrary to environmental legislation in force. This conflict is at present unresolved. It is argued that increased transparency about their precise rights for local resource co‐managers will considerably improve the prospects of coastal co‐management in Brazil.     

Green gains? planning by agreement and nature conservation

Current planning policy places increased emphasis on the protection of the natural environment. The negotiation of planning agreements between local authorities and developers has emerged as one route through which the private sector has sought to compensate for the loss of environmental resources arising from development. We argue that the utilization of conservation gain mirrors the valuation procedures for public goods found within cost — benefit techniques, which may be inappropriate for the treatment of natural environmental systems. The paper examines the negotiation of these gains from the perspective of different actors in the land development process. Both quantitative and interview material from four local planning authorities are used. The paper concludes by considering the scope for a broader use of conservation gain.     

Nature conservation efforts set for specially protected areas of Turkey

Environmental pollution and degradation of ecosystems considerably affect the natural resources. The Turkish Government is aware of the importance of the preservation of natural ecology and thereby the environmental conservation of many species in their natural habitat. This paper provides critical assessments of the problems and possible solutions in the identification, implementation and management of the Specially Protected Areas (SPAs) system by giving basic information about stakeholders and their responsibilities that currently offer nature conservation in Turkey. The goals of the article are to analyze how the SPAs interface with the local people, especially the villagers who have dwelt there before SPA designation and how people-SPA conflicts resolved; to show how effective the SPA conservation objectives have been; to outline the significance of informing and empowering people in nature conservation for the protected area management and to show the importance of planning at all levels during protection of the natural, archeological and cultural values of the SPAs.     

霍式理论下民法典环境权入法路径研究

环境权作为一项新兴权利,各科学者都投入大量的实证分析研究,然而环境权内涵模糊使得该权利难以正式列入民法典“权利家族”中。究其原因,主要是环境权相关理论阙如,而以往的代际公平理论、环境正义理论、公共信托理论、可持续发展理论过于宏观而难以解决权利私人化的困境,而人权理论对于环境权的法定化作用有限。因此,亟须新的理论为环境权入法提供相关支撑。霍菲尔德法律关系理论中对于“权利”一词的特殊解读和对权利、义务、责任、特权、权力等概念间的基本法律关系进行的严密论证可以为环境权的间接入法提供有益作用。本文认为,应该将环境权解释为一项具体对人权,而将人身权解释为一项宽泛意义上的对人权,以形式逻辑论证将其纳入其中,同时从法律概念间的相关关系、相反关系,从义务、责任、特权等路径论证环境权间接入法的可行性,从而实现环境权的早日入法。     

A Role of Fair Trade Certification for Environmental Sustainability

Although most studies on the Fair Trade initiative are, to some extent, cognizant of its contribution to environmental sustainability, what the environmental aspect means to Fair Trade has not yet been explored fully. A review of environmental issues in the Fair Trade literature suggests that Fair Trade might influence participant producers’ farming practices even if it does not directly impact natural resources. This paper attempts to interpret Fair Trade certification as an intermediary institution that links two significant objectives of rural development in the global South—environmental conservation and poverty reduction. This theoretical concept is examined in different real settings by observing four cases of Southern small farmer groups involved in the Fair Trade initiative. Findings from these case studies imply that if Fair Trade certification ensures tangible benefits for small farmers, it can not only help such disadvantaged farmers but also work as an approach for natural resource management.     

Design for environment: A new framework for strategic decisions

For most of its history of environmental protection, U.S. policy has concentrated on a pollution control strategy based on single medium emissions: air, water, or land. Efforts to mitigate environmental impacts to one medium often resulted in greater impacts to others. While much environmental improvement has occurred via this system over the last quarter-century, it is generally recognized that alternative strategies which address environmental impacts across all media in an integrated manner will be necessary for continued improvement. Increasingly, regulatory strategies that result in only passive compliance will be insufficient to meet these demands. This article demonstrates why new strategies which encourage proactive behavior are necessary. A new framework for making strategic decisions—design for environment—concerning the relation between our actions and environment is necessary to ensure a sustainable future.     

试论公民环境权的性质

公民环境权是在环境危机产生后才愈加受人关注.本文通过对公民环境权的定义的探讨,对公民环境权的性质进行剖析,并且认为公民环境权是一项法定权利,它是由生存权发展而来的一项基本人权.但期待高位阶的法律做出更为明确的规定.     

论佛教折射的环保理念与环保实践

综观人类历史,宗教与现实生活联系紧密,在各类社会问题的解释与解决中一直发挥着不可小觑的作用。随着全球环境问题的日益突出,佛教中所体现的环保理念日益引起人们的重视。本文试从佛教环保理念的思想渊源入手,围绕自然观、生命观和理想观等内容来探讨佛教与其环保实践问题。     

可持续发展与环境伦理的思考

面对环境问题与资源危机,人类社会正面临发展的文明转型.为此我国提出科学发展观,力求全面的可持续发展.我们要转变认识自然的价值观,走出“人类中心论“,构建环境伦理体系.发挥环境伦理的作用和功能,正确处理人与自然的关系,尊重与善待自然,坚持公正补偿、节约、平等和慎行等原则.社会各群体都要负担起环境责任,共同努力,实现可持续发展.     

Environmental Ethics and Biomimetic Ethics: Nature as Object of Ethics and Nature as Source of Ethics

While the contemporary biomimicry movement is associated primarily with the idea of taking Nature as model for technological innovation, it also contains a normative or ethical principle—Nature as measure—that may be treated in relative isolation from the better known principle of Nature as model. Drawing on discussions of the principle of Nature as measure put forward by Benyus (Biomimicry: innovation inspired by nature, Harper Perennial, New York, 1997) and Jackson (Consulting the genius of place: an ecological approach to a new agriculture, Counterpoint, Berkeley, 2010, Nature as measure: the selected essays of Wes Jackson, Counterpoint, Berkeley, 2011), while at the same time situating these discussions in relation to contemporary debates in the philosophy of biomimicry (Mathews in Organ Environ 24(4): 364–387, 2011; Dicks in Philos Technol, doi: 10.1007/s13347-015-0210-2, 2015; Blok and Gremmen in J Agric Environ Ethics 29(2):203–217, 2016), the aim of this paper is to explore the relation between the principle of Nature as measure and environmental ethics. This leads to the argument that mainstream formulations of environmental ethics share the common trait of seeing our ethical relation to Nature as primarily involving duties to protect, preserve, or conserve various values in Nature, and that, in doing so, they problematically either overlook or dismiss as anthropocentric the possibility that Nature may provide measures, understood in terms of ecological standards, against which our own practices, or at least some of them, may be judged—a way of thinking I call “biomimetic ethics”. The practical consequences of this argument are significant. Whereas mainstream environmental ethics has been applied above all to such issues as wilderness preservation, natural resource management, and animal rights and welfare, biomimetic ethics is applicable rather to the question of how we produce, use, and consume things, and, as such, may potentially provide the basic ethical framework required to underpin the transition to a circular, bio-based, solar economy.     

乡镇企业环境问题的经济学分析及环境保护手段的选择

乡镇企业的发展一方面给我国农村劳动力提供了大量的就业机会,加快了我国的城市化进程,为我国的经济做出了重要的贡献;另一方面,由于生产要素、利益驱动等众多因素的影响,乡镇企业给资源和环境造成了巨大的耗竭和破坏。本文主要从经济学的角度来探究乡镇企业发展带来的环境问题的根源,进而选择一套适合我国乡镇企业特点的环境保护手段。     

Bi-Temporal Analysis of Landscape Changes in the Easternmost Mediterranean Deltas Using Binary and Classified Change Information

The aim of this study is (1) to quantify landscape changes in the easternmost Mediterranean deltas using bi-temporal binary change detection approach and (2) to analyze relationships between conservation/management designations and various categories of change that indicate type, degree and severity of human impact. For this purpose, image differencing and ratioing were applied to Landsat TM images of 1984 and 2006. A total of 136 candidate change images including normalized difference vegetation index (NDVI) and principal component analysis (PCA) difference images were tested to understand performance of bi-temporal pre-classification analysis procedures in the Mediterranean delta ecosystems. Results showed that visible image algebra provided high accuracies than did NDVI and PCA differencing. On the other hand, Band 5 differencing had one of the lowest change detection performances. Seven superclasses of change were identified using from/to change categories between the earlier and later dates. These classes were used to understand spatial character of anthropogenic impacts in the study area and derive qualitative and quantitative change information within and outside of the conservation/management areas. Change analysis indicated that natural site and wildlife reserve designations fell short of protecting sand dunes from agricultural expansion in the west. East of the study area, however, was exposed to least human impact owing to the fact that nature conservation status kept human interference at a minimum. Implications of these changes were discussed and solutions were proposed to deal with management problems leading to environmental change.     

Toward an improved legislative framework for China's land degradation control

The Chinese government has recently been attaching increasing importance to the application of effective legal tools to tackle land degradation (LD) issues. Based on the concept of sustainable development, China began developing and reaping the benefits of environmental and natural resources legislation including LD control regulations in the 1990s. In the past three years, some central‐western provinces in China have been implementing a “ People's Republic of China/Global Environment Facility (PRC/GEF ) Partnership on LD Control of Dryland Ecosystems”, which is based on an integrated ecosystem management (IEM) approach. IEM is designed to achieve a balanced, scientific and participatory approach to natural resources management, which creates the potential to improve the quality of Chinese environmental law and policy procedures. The paper studies the existing Chinese national laws and regulations pertinent to LD control within 9 areas covering land, desertification, soil erosion, grassland, forest, water, agriculture, wild animals and plants, and environment protection in detail, against IEM principles and basic legal elements. The main objective is to identify problems and provide feasible solutions and recommendations for the improvement of the existing laws and regulations. The authors conclude that the development of an improved national legislative framework is essential if LD control is to be successfully achieved. The paper is partly based on Component 1 — Improving Policies, Laws and Regulations for Land Degradation Control under PRC/GEF Partnership on Land Degradation in Dryland Ecosystems (TA 4357).     

“Just Another Hoop to Jump Through?” Using Environmental Laws and Processes to Protect Indigenous Rights

Protection of culturally important indigenous landscapes has become an increasingly important component of environmental management processes, for both companies and individuals striving to comply with environmental regulations, and for indigenous groups seeking stronger laws to support site protection and cultural/human rights. Given that indigenous stewardship of culturally important sites, species, and practices continues to be threatened or prohibited on lands out of indigenous ownership, this paper examines whether or not indigenous people can meaningfully apply mainstream environmental management laws and processes to achieve protection of traditional sites and associated stewardship activities. While environmental laws can provide a “back door” to protect traditional sites and practices, they are not made for this purpose, and, as such, require specific amendments to become more useful for indigenous practitioners. Acknowledging thoughtful critiques of the cultural incommensurability of environmental law with indigenous environmental stewardship of sacred sites, I interrogate the ability of four specific environmental laws and processes—the Uniform Conservation Easement Act; the National Environmental Policy Act and the California Environmental Quality Act; the Pacific Stewardship Council land divestiture process; and Senate Bill 18 (CA-2004)—to protect culturally important landscapes and practices. I offer suggestions for improving these laws and processes to make them more applicable to indigenous stewardship of traditional landscapes.