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。     

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.     

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.     

Between Precautionary Principle and “Sound Science”: Distributing the Burdens of Proof

Opponents of biotechnology ofteninvoke the Precautionary Principle to advancetheir cause, whereas biotech enthusiasts preferto appeal to ``sound science.' Publicauthorities are still groping for a usefuldefinition. A crucial issue in this debate isthe distribution of the burden of proof amongthe parties favoring and opposing certaintechnological developments. Indeed, the debateon the significance and scope of thePrecautionary Principle can be fruitfullyre-framed as a debate on the proper division ofburdens of proof. In this article, we attemptto arrive at a more refined way of thinkingabout this problem in order to escape from theexisting polarization of views between ``guiltyuntil proven innocent' and ``innocent untilproven guilty.' This way of thinking alsoenables a critical review of currentdemarcations between risk assessment and riskmanagement, or science and politics, and of themorally laden controversy on the relativeimportance of type-I and type-II errors instatistical testing.     

The Precautionary Principle and Pesticides

In 1998, Greenpeace, Natuur en Milieu(Nature and Environment), Milieudefensie(Environmental Defense), and the National ConsumersUnion presented a report about the possible risks andhazards associated with pesticide residues on fruitsand vegetables. Although these organizationsexplicitly denied having unassailable evidence on theharmful effects of pesticides, they claimed that bynow there are sufficient indications that pesticidesmay indeed lead to such health hazards. They used anappeal to the so-called precautionary principle tounderpin their claims. The committee officially incharge of deciding on the admission of pesticidesaccused the organizations of scaremongering. Afterdistinguishing three possible versions of theprecautionary principle, we then show that the fourorganizations used in their campaign an improperversion of the precautionary principle to convince thegeneral public.     

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.     

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.     

Regionalization of Municipal Solid Waste Management in Japan: Balancing the Proximity Principle with Economic Efficiency

The proximity principle—disposing of waste close to its origin—has been a central value in municipal solid waste (MSW) management in Japan for the last 30 years and its widespread adoption has helped resolve numerous “Not in My Backyard” issues related to MSW management. However, MSW management costs have soared, in large part because of aggressive recycling efforts and because most MSW is incinerated in a country that has scarce landfill capacity. In addition, smaller, less sophisticated incinerators have been closed because of high dioxin emissions. Rising costs combined with the closure of smaller incinerators have shifted MSW management policy toward regionalization, which is the sharing of waste management facilities across municipalities. Despite the increased use of regionalized MSW facilities, the proximity principle remains the central value in Japanese MSW management. Municipal solid waste management has become increasingly regionalized in the United States, too, but different driving forces are at work in these two countries. The transition to regionalized MSW management in Japan results from strong governmental control at all levels, with the central government providing funds and policy direction and prefectures and municipalities being the primary implementing authorities. By contrast, market forces are a much stronger force with US MSW management, where local governments—with state government oversight—have primary responsibility for MSW management. We describe recent changes in Japan’s MSW programs. We examine the connections between MSW facility regionalization, on the one hand, and, on the other hand, the proximity principle, coordination among local governments, central government control, and financing mechanisms.     

A Decision‐Analytic Approach to Managing Climate Risks: Application to the Upper Great Lakes1

Brown, Casey, William Werick, Wendy Leger, and David Fay, 2011. A Decision‐Analytic Approach to Managing Climate Risks: Application to the Upper Great Lakes. Journal of the American Water Resources Association (JAWRA) 47(3):524‐534. DOI: 10.1111/j.1752‐1688.2011.00552.x Abstract: In this paper, we present a risk analysis and management process designed for use in water resources planning and management under climate change. The process incorporates climate information through a method called decision‐scaling, whereby information related to climate projections is tailored for use in a decision‐analytic framework. The climate risk management process begins with the identification of vulnerabilities by asking stakeholders and resource experts what water conditions they could cope with and which would require substantial policy or investment shifts. The identified vulnerabilities and thresholds are formalized with a water resources systems model that relates changes in the physical climate conditions to the performance metrics corresponding to vulnerabilities. The irreducible uncertainty of climate change projections is addressed through a dynamic management plan embedded within an adaptive management process. Implementation of the process is described as applied in the ongoing International Upper Great Lakes Study.     

Sustainable Development and Norwegian Genetic Engineering Regulations: Applications, Impacts, and Challenges

The main purpose of The NorwegianGene Technology Act (1993) is to enforcecontainment of genetically modified organisms(GMOs) and control of GMO releases.Furthermore, the Act intends to ensure that``production and use of GMOs should take placein an ethically and socially justifiable way,in accordance with the principle of sustainabledevelopment and without detrimental effects tohealth and the environment.' Hence it isobvious that, for the Norwegian authorities,sustainable development is a normativeguideline when evaluating acceptableconsequences of GMO use and production. Inaccordance with this, we have investigated theextent to which the sustainability criteriawere decisive for the destiny of one approvedand one declined application of geneticallymodified plant release. The presentunderstanding of the ecological,socio-economical, and cultural consequences ofGMO use and release is fragmentary anduncertain. We consider the PrecautionaryPrinciple and the notion of equitabledistribution as key issues within thesustainable development framework, henceconstituting important foundations for ouranalyses. The Act is legitimizingsustainability criteria, but does not seem tosecure their conversion into concrete action.We envisage a more conscious implementation ofthe Norwegian Gene Technology Act.Sustainability concerns ecological, economical,and social values, and these can only beensured through long-term thinking, initiationof independent risk-associated research, andbroad involvement of all stakeholders in theevaluation of GMO issues and concerns.     

PROFILE: Risk Assessment as an Environmental Management Tool: Considerations for Freshwater Wetlands

/ This paper presents a foundation for improving the risk assessmentprocess for freshwater wetlands. Integrating wetland science, i.e., use of anecosystem-based approach, is the key concept. Each biotic and abiotic wetlandcomponent should be identified and its contribution to ecosystem functionsand societal values determined when deciding whether a stressor poses anunreasonable risk to the sustainability of a particular wetland.Understanding the major external and internal factors that regulate theoperational conditions of wetlands is critical to risk characterization.Determining the linkages between these factors, and how they influence theway stressors affect wetlands, is the basis for an ecosystem approach.Adequate consideration of wetland ecology, hydrology, geomorphology, andsoils can greatly reduce the level of uncertainty associated with riskassessment and lead to more effective risk management. In order to formulateeffective solutions, wetland problems must be considered at watershed,landscape, and ecosystem scales. Application of an ecosystem approach can begreatly facilitated if wetland scientists and risk assessors work together todevelop a common understanding of the principles of both disciplines.KEY WORDS: Ecological risk assessment; Freshwater wetlands;Environmental pollution; Chemical stressors; Physical stressors; Biologicalstressors     

Uneven Environmental Management: A Canadian Perspective

Advocates of community-based approaches to environmental management argue that by respecting local circumstances, skills, and concerns we may improve the prospects of achieving environmental sustainability; yet, within nation states such as Canada, environmental conditions, management and enforcement costs and capabilities, and power differentials within and among civic and public sectors may result in a highly differentiated capacity for environmental management across different localities and regions. This article draws on insights of political ecology to 1) create a conceptual framework that identifies key elements shaping regional environmental management regimes and to 2) undertake a comparative analysis to assess how elements interact to generate uneven management outcomes. I compare experiences of two Canadian biosphere reserves designated in 2000: Clayoquot Sound, BC; and Redberry Lake, SK. Analysis reveals that differences in governance and institutional capacities in the biosphere reserves are key to explaining uneven local outcomes. Where the public and civic sectors are strong, a robust and publicly vetted form of management will emerge. Where these sectors are weak and land is held as private property, environmental nongovernmental organizations can set the type and level of management, to the exclusion of effective civic and state involvement. This result may improve environmental sustainability but hinder social sustainability of a management regime and raises questions about the efficacy of community-based management.     

环境毒理学和生态毒理学在环境风险评价中的应用

对环境毒理学与生态毒理学的概念以及相互之间的关系进行了论述,并分析了它们与环境风险评价的相互关联,以及在环境风险评价中的应用.在此基础上指出,目前环境毒理学与生态毒理学在环境风险评价应用中存在的主要问题,并对今后的研究方向提出展望和建议.     

Environmental risk: Management strategies in the developing world

This paper describes a heuristic model which helps to relate a developing nation's environmental risk to the level of sophistication appropriate in adjusting management strategy to dealing with environmental hazards. The model takes into account three factors: the degree of risk, the stage of economic growth, and the sophistication of adjustment. The interrelationship of these factors is examined, and the role of international cooperation in establishing strategies is outlined.     

一种环境试验箱期间核查方案设计及不确定度分析

介绍一种环境试验箱的期间核查方案:包括核查计划的制定、核查的方法、核查数据处理和核查结果的评价,并对其中的测试系统进行不确定度评估。评估结果表明,这种方案满足相关标准要求。     

Using Goals in Environmental Management: The Swedish System of Environmental Objectives

In Sweden, environmental policy is essentially carried out through a system of environmental objectives adopted by Parliament in the late 1990s. This system contains principles, objectives, interim targets, strategies, and follow-up mechanisms, which together provide a solid ground for increased efficiency and improved prioritization in environmental policies. Despite the ambitious approach of the Swedish Parliament, the system of environmental objectives suffers from certain shortcomings. Some of the objectives are imprecise and difficult to evaluate, and there are no rules or principles that may be used to solve goal conflicts and to prioritize between different objectives. As a consequence, the environmental objectives tend to differ in their degrees of operationalizability, and the priority-setting between different objectives is often unclear.*Rskr. denotes a written communication (from the Swedish Parliament to the Swedish Government) of a Parliamentary decision. Note: This version was published online in June 2005 with the cover date of August 2004.     

Environmental Subsidiarity as a Guiding Principle for Forestry Governance: Application to Payment for Ecosystem Services and REDD+ Architecture

This article describes and proposes the “environmental subsidiarity principle” as a guiding ethical value in forestry governance. Different trends in environmental management such as local participation, decentralization or global governance have emerged in the last two decades at the global, national and local level. This article suggests that the conscious or unconscious application of subsidiarity has been the ruling principle that has allocated the level at which tasks have been assigned to different agents. Based on this hypothesis this paper describes the principle of subsidiarity and its application to environmental policies within forest governance and proposes the “environmental subsidiarity” principle as a critical conceptual tool for sustainable resource management. The paper explains as an example how “environmental subsidiarity” is the key principle that can link payment for ecosystem services (PES) with environmental public policies and applies this principle with all its political consequences to reducing emissions from deforestation and forest degradation, and enhancing forest carbon stocks in developing countries (REDD+) architecture. It concludes by showing how the adoption of “environmental subsidiarity” as a ethical principle could help to maximize benefits to all stakeholders involved in PES schemes such as REDD+.     

耐候性试验在乘用车密封条研发中的应用

本文介绍了耐候性试验在乘用车密封条研发过程中的作用,对比分析了国内外测试标准间的差异,简述了有关乘用车密封条耐候性试验的研究进展。     

突发性环境污染事故应急管理系统研究进展

随着社会经济的发展,突发性环境污染事故频繁发生。为有效预防和控制突发性环境污染事故,各国开发了相应的应急管理系统,为污染事故处置提供应对技术和决策支持。本文综合论述了国内外突发环境污染事故应急管理系统的开发和应用情况、服务内容及特点,并对我国应急管理的发展提出建议。