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。     

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 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.     

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: 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.     

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。     

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.     

Applying the Precautionary Principle in Environmental Assessment: The Case of Reviews in British Columbia

This paper examines the application of the precautionary principle in environmental assessment, specifically using the Salmon Aquaculture Review and the Burns Bog Ecosystem Review in British Columbia as case studies. Lessons are drawn and advice is offered. A conceptual model is presented, framed according to the level of uncertainty regarding impacts and the likelihood of those impacts, as well as the irreversibility of impacts on the environmental system. A distinction is made between management strategies that should either avoid the activities in question or allow for adaptive management and, if implemented effectively, prevent or mitigate adverse effects. Applying the precautionary principle in environmental assessment requires, above all, clear communication and the development of a common understanding of the basis for decisions. The model presented in this paper is suggested as a tool from which a more specific methodological framework can be developed on a case by case basis.     

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.     

The Euler Number as an Index of Spatial Integrity of Landscapes: Evaluation and Proposed Improvement

The spatial integrity of a habitat or landscape is determined by the occurrence of habitat fragments and of perforations inside them. A landscape is said to have less spatial integrity with increasing numbers of fragments and perforations. The Euler number (ε) is a numerical measure of spatial integrity, based upon the difference |n _f −n _p | between the number of fragments (n _f ) and the number of perforations (n _p ). In this contribution, ε is evaluated, and an improvement is presented as a new index ε*, which is a combination of two metrics (ε _i , ε _d ) based on n _f and n _p . The term ε _i quantifies the intensity of perforation and/or fragmentation. The term ε _d measures the extent to which fragmentation predominates perforation, and vice versa. The intensity and dominance measures are combined into an Euclidean distance measure, generating the new ensemble value ε*, calculated as ε*= (n _f +n _p )⁻¹√[1 +n _f ²]. Use, sensitivity, and application of ε*, ε _i , and ε _d are illustrated using percolation maps. Application of the new metrics by environmental scientists is encouraged because (1) no negative values can be generated with ε*, ε _i , and ε _d ; (2) the range of ε*, ε _i , and ε _d is fixed; (3) process dominance and intensity are both assessed; (4) ε*, ε _i , and ε _d are easy to calculate and to interpret; and (5) ε* is not only based upon |n _f −n _p |, as ε is. Guidelines for practical use by means of a biplot of ε _i and ε _d are given.     

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.     

Precaution and the Methodological Status of Scientific (Un)certainty

An effective application of thePrecautionary Principle (PP) hinges on thestipulation that, ``a lack of scientificcertainty shall not be used as a reason forpostponing measures.' The practicalconsequences of this expression are presentlynot clear enough in most contexts of use toenable constructive communication and thereforethe PP is not sufficiently operational now. Apragmatic and fundamental methodology forunderstanding scientific (un)certainty indifferent practical contexts needs to be put inplace to create a communicative basis foreffective precaution. Lack of clarity aboutproblem definition and problem ownershipcreates artificial controversies that willobstruct a precautionary approach. Given thefact that different practical contexts ofscientific (un)certainty exist, it may seemfrom one context as if no precaution iswarranted whereas concerns from anotherrelevant context may suggest otherwise.Therefore, an integrative methodologicalframework for communicating about scientific(un)certainty is sorely needed in internationalpolicy-making. By putting a focus on therelevance of specified research questions forthe objective of taking precaution, acommunicative methodology may be adopted thatis dedicated to the design properties of asustainable future. Precaution cannot beoperationalized without a methodological basisthat allows for effective transparency andevades the stalemates of artificialcontroversy. Existing debate methodologies haveso far not managed to accommodate thesepressing demands.     

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。     

Environmental Justice,Local Knowledge,and Risk: The Discourse of a Community-Based Cumulative Exposure Assessment

While risk assessment continues to drive most environmental management decision-making, its methods and assumptions have been criticized for, among other things, perpetuating environmental injustice. The justice challenges to risk assessment claim that the process ignores the unique and multiple hazards facing low-income and people of color communities and simultaneously excludes the local, non-expert knowledge which could help capture these unique hazards from the assessment discourse. This paper highlights some of these challenges to conventional risk assessment and suggests that traditional models of risk characterization will continue to ignore the environmental justice challenges until cumulative hazards and local knowledge are meaningfully brought into the assessment process. We ask whether a shift from risk to exposure assessment might enable environmental managers to respond to the environmental justice critiques. We review the US EPA's first community-based Cumulative Exposure Project, piloted in Brooklyn, NY, and highlight to what extent this process addressed the risk assessment critiques raised by environmental justice advocates. We suggest that a shift from risk to exposure assessment can provide an opportunity for local knowledge to both improve the technical assessment and its democratic nature and may ultimately allow environmental managers to better address environmental justice concerns in decision-making.     

Synergistic Techniques for Better Understanding and Classifying the Environmental Structure of Landscapes

The desire to capture natural regions in the landscape has been a goal of geographic and environmental classification and ecological land classification (ELC) for decades. Since the increased adoption of data-centric, multivariate, computational methods, the search for natural regions has become the search for the best classification that optimally trades off classification complexity for class homogeneity. In this study, three techniques are investigated for their ability to find the best classification of the physical environments of the Mt. Lofty Ranges in South Australia: AutoClass-C (a Bayesian classifier), a Kohonen Self-Organising Map neural network, and a k-means classifier with homogeneity analysis. AutoClass-C is specifically designed to find the classification that optimally trades off classification complexity for class homogeneity. However, AutoClass analysis was not found to be assumption-free because it was very sensitive to the user-specified level of relative error of input data. The AutoClass results suggest that there may be no way of finding the best classification without making critical assumptions as to the level of class heterogeneity acceptable in the classification when using continuous environmental data. Therefore, rather than relying on adjusting abstract parameters to arrive at a classification of suitable complexity, it is better to quantify and visualize the data structure and the relationship between classification complexity and class homogeneity. Individually and when integrated, the Self-Organizing Map and k-means classification with homogeneity analysis techniques also used in this study facilitate this and provide information upon which the decision of the scale of classification can be made. It is argued that instead of searching for the elusive classification of natural regions in the landscape, it is much better to understand and visualize the environmental structure of the landscape and to use this knowledge to select the best ELC at the required scale of analysis.     

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.     

浅议环境风险评价与管理

论述了环境风险评价的有关基本概念,阐明了环境风险评价主要步骤。探讨了环境风险管理的内容与方法。并提出了一些建议。     

控制环境与健康风险:美国环境标准制度功能借鉴

传统观念下,环境与健康分属两个不同领域,美国作为最早遭遇环境与健康问题的国家,经过多年努力,形成了建立以保障公共健康为核心的环境标准体系和环境与健康风险评估框架,实现了对环境与健康风险的有效控制。美国对环境污染物的界定主要取决于其对公共健康的影响,将污染物分为普遍及对公共健康危害较大的污染物、一些污染范围较小或对公共健康危害较小的污染物两类,且采取不同的标准制定方法。在标准制定方面,主要是将有关科学共识转化为可执行的环境标准。为了避免环境标准的不确定性带来的不利影响,建立了包括科学论证、公开透明、周期性审查等较为严格的环境标准制定程序。美国赋予环境标准制度以控制环境与健康风险的功能,并通过建立以保障公共健康为核心的环境标准体系,实现对环境与健康风险有效控制的执法路径,对解决中国目前存在的环境标准价值缺失、体系割裂、内容缺失等问题,实现环境标准的功能再造具有较强的借鉴意义。     

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。     

Volunteer Environmental Monitoring and the Role of the Universities: The Case of Citizens' Environment Watch

Universities can provide a stable home for launching collaborative community research projects. Citizens' Environment Watch (CEW), an environmental monitoring initiative based at the University of Toronto, has made significant contributions to environmental education and stewardship in Ontario, Canada. Following dramatic cuts in provincial monitoring programs, citizens and youth have used chemical parameters and biological indicators to gauge water and air quality, and to identify areas requiring remediation and pollution prevention efforts. The relationship of Citizens' Environment Watch to government agencies, funders and other grassroots environmental groups has evolved over the past 5 years as CEW attempts to remain effective without taking on the investigative and enforcement roles to support the regulatory enforcement that has been largely abandoned by government. We explore the challenges inherent in developing and maintaining a volunteer organization that carries out rigorous and useful scientific work and we outline the ability of a university to help overcome these critical challenges. Finally, we present lessons learned for the benefit of other citizen and youth monitoring projects.