基于环境污染责任保险的环境风险评估研究进展

环境风险评估是环境污染责任保险制度实施和应用的重要环节,是一种为投保人和承保人量化环境风险的方法,量化结果是保险公司厘定保费的重要参考依据。随着环境污染责任保险的发展和推广,构建适用于环境污染责任保险的环境风险评估体系逐渐成为当前的研究热点之一,但目前针对环境污染责任保险环境风险评估缺乏深入系统的研究与总结。在已有研究基础上,本文进一步明确环境污染责任保险环境风险评估内涵及特征,并对其评估体系进行科学界定,简要评述当前环境污染责任保险环境风险评估的相关研究主题,并在已有模型和方法基础上构建环境污染责任保险环境风险评估的理论框架,最后在总结当前研究不足的前提下,探讨未来环境污染责任保险环境风险评估的研究趋势,为环境污染责任保险的实施和应用提供思路和参考。     

环境污染责任保险的美国经验及中国实践

环境污染责任保险是一种基于市场手段的环境风险管理方法,通过为具有环境污染风险的企业提供商业保险,从而为被保企业的环境污染及治理责任提供一定的保障,同时促进企业主动降低其环境风险。环责险在我国经过了多年的试点和推广,取得了一定成绩,但是也面临许多困难。本文借鉴环责险在美国发展的经验,识别环责险市场发展的条件,同时评价我国环责险市场发展是否具备这些条件,并为进一步促进环责险发展提供建议。     

Environmental risk and liability management and its influence on profitability

Managing environmental risk and liability for corporations and consultants requires a prudent combination of insurance techniques, company risk control plans, pollution prevention, and the proper allocation of retention funds. This article presents a review of current risk management techniques used to shield profits from limited and catastrophic loss scenarios. We recommend that corporations and consulting firms integrate insurance and risk management planning to mitigate environmental liabilities, navigate business risks, and safeguard corporate performance..© 1999 John Wiley & Sons, Inc.     

环保新思维：绿色保险

我国现在正处于环境事故高发期,而环境污染损害赔偿是企业,甚至是国家必须面对的现实问题。然而单凭企业承担责任是力所不能及的,最终不得不由国家买单,给国家带来沉重的负担。这种情况迫切需要建立环境污染损害责任保险机制,即绿色保险,把赔偿引向社会化。保险本身就是一种救灾形式,因为它能分散风险,减少损失。针对我国的具体情况,建立适宜的环境污染责任保险模式才能平衡发展与环境保护的关系、在全社会牢固树立生态文明理念。     

The limitations of environmental management systems in Australian agriculture

The efficacy of government-supported programs to encourage improved management of land and water systems associated with agricultural land in Australia has been mixed. The broad approach of Australian governments is reviewed briefly. Evidence is presented from case assessments of a program to promote adoption of environmental management systems (EMSs) to improve environmental outcomes from agricultural practices. EMSs are systems implemented to manage the environmental impacts and ameliorate environmental risk associated with business activity. Data are presented on reported EMS activity and experience of four selected groups of farmers in Victoria, south-eastern Australia, representing broad-acre cropping, beef and dairy farming. The pro-environmental behaviours of farmers were mediated through voluntary adoption of government and industry sponsored EMSs, often with financial incentives and other support. Findings from the study were that adoption of EMS practices with sufficient public benefits is unlikely to occur at sufficient scale for significant environmental impact. Farmers more readily adopted practices which were financially beneficial than those which had a positive environmental impact. Although the focus on voluntary market-based instrument (MBI) type programs is popular in western countries, enforcing regulation is an important, but usually politically unpopular, component of land use policy. The comparative advantage of EMSs differed for the industries studied, but overall there were insufficient market drivers for widespread EMS adoption in Australia. Environmental outcomes could be more effectively achieved by directly funding land management practices which have highest public net benefits. Having a clear and unambiguous management objective for a particular land management policy is more likely to achieve outcomes than having multiple objectives as occurs in a number of international programs currently.     

Towards sustainability management systems in three Swedish local authorities

This paper explores the development towards sustainability management systems (SMSs) in three Swedish local authorities. Many local authorities have extensive experience in using standardised Environmental Management Systems (EMSs). Recently EMSs have extended their reach by widening the scope of the systems including other dimensions of sustainable development. Case studies have been performed in three of the most EMS-experienced local authorities in Sweden. These authorities have extended their EMSs into a sustainability management approach in different ways. This paper discusses the development, possible contributions, and constraints with this development. Expanding EMSs into SMSs can be seen as a learning process in which a larger systems perspective leads to increased awareness that the management system becomes limited by only managing environmental issues. Expanding the EMSs into SMSs may lead to a more complete view of the organisation's total impact on nature and society, and issues that need to be managed.     

Contextualisation of Local and Global Environmental Issues in North-east England: Implications for debates on globalisation and the 'risk society'

In this paper the authors explore data on environmental meanings, and the contextualisation of environmental concerns, that were obtained from a qualitative study of risks to health from air pollution. In-depth interviews were undertaken with 49 people living in two conurbations in north-east England. The findings highlight the importance of the local context (local history, experience, local knowledges and everyday existence) as an arena in which environmental meanings and concerns are constructed and negotiated, and how global environmental issues are also contextualised, and made sense of, within an explicitly local framework. These findings are used as a basis upon which to critically reflect upon the emphasis on globalisation within theoretical debates on 'risk society'.     

公路经营企业交通噪声污染损害民事责任探析

公路经营企业应对道路交通噪声污染损害承担环境侵权责任。污染损害可归责的程度应以医学观察的可证明性为界限,在违法性和损害事实考量中,环境标准均非所问。公路经营企业的责任形式主要包括排除危害和赔偿损失。基于环境侵权的利益衡量原则,一般不宜直接判令采取公路关闭或改道等形式排除危害,而应适用设置隔声屏障、种植绿化林带、进行交通管制等调和性的"部分排除侵害"责任形式。在"先有路后有房"情景下,公路经营企业是否承担责任因受害人迁入公害时主观方面的不同而不同。受害人明知或已经预见到有遭受噪声污染的危险,且无正当理由而自愿、故意承受危险致害者,公路经营企业得根据自甘冒险原则请求拒绝排除危害、免除赔偿或减少赔偿额。     

我国推进环境污染责任保险的系统性风险及对策

环境污染责任保险是以企业发生的污染事故对第三者造成的损害依法应负的赔偿责任为标的的保险.本文在对我国环境污染责任保险30年发展历程进行全面回顾的基础上,从立法、模式、技术等层面出发,结合2019年底以来新型冠状病毒引发的公共卫生紧急事件挑战,分析了新时期政策实践面临的系统性风险,提出通过促进自上而下的立法推进与自下而上的自主试点良性互动、"低保额、低保障、广覆盖"的强制基本险与"高保额、高保障、个性化"的商业附加险灵活结合、经验数据积累与技术标准完善双管齐下、企业常态自主投保与特殊应急响应投保相互助力等方式妥善化解相关风险,为补齐生态短板、打好污染防治攻坚战、全面建成小康社会提供助力.     

Barriers to Renewable Energy Development on Brownfields

Brownfields that are reused for the generation of renewable energy are called brightfields. This rapidly emerging idea advocates the combination sustainable site reuse and the generation of electricity from renewables. While programmes like the RE-Powering America's Land Initiative herald its benefits, academia knows but little of its barriers and challenges. This study aims to examine the technical/environmental, regulator/financial/institutional, and social barriers to this type of development, along with measures that may address them. The barriers and measures were predominately identified via a qualitative and quantitative survey sent to brightfield developers (experts), along with a review of case studies and the emerging brightfield literature. The study found that environmental/technical barriers only differ from ‘conventional’ renewable energy projects (e.g. on Greenfields) in the event of site contamination. The latter then is what makes brightfields unique and is the source for a myriad of challenges concerning risk and liability, which cause financial problems and investment hesitance. However, evidence conjectures that there is less contextual public opposition to brightfields compared to conventional renewable energy.     

基于环境恢复的环境污染损害责任与建立

环境本身损害的责任缺失是我国环境污染管理中亟待解决的突出问题。文章从社会经济系统与其支撑环境间作用关系过程链的三个响应环节出发,分析了建立环境本身损害责任机制的作用、意义及环境本身损害赔偿的内涵与构成。提出了围绕突发性污染排放问题,以恢复环境为目标,衔接我国环境应急管理系统实施环境本身损害责任的构架。结合突发性污染排放建立环境损害的恢复责任,对推进环境污染损害管理和深化污染事故应急处置具有重要支持作用。     

中国煤电企业环境压力测试

中国煤电行业的发展伴随着各种环境风险,本文以典型煤电企业为例,在产能过剩、能效标准提高、环境保护税、全国碳市场、水资源税和非水可再生能源规划目标的风险约束下,建立环境成本内部化和环境风险分析工具,考虑不同压力情境下对煤电企业价值的影响,构建环境风险影响财务成本的压力测试框架。结果表明,对单个风险而言,产能过剩和碳市场风险对企业价值的影响是大多数地区在不同情景中面临的主要风险驱动因素。对于综合风险压力测试而言,各地区1 000MW超超临界机组乐观情景及悲观情景的企业价值距合理回报预期企业价值相差小,而300MW和600MW亚临界机组因能效水平低、经营成本高等原因在环境风险压力下企业价值偏离合理回报较多。随着环境风险严重程度的不断增加,环境压力测试有助于煤电企业和金融机构了解环境风险对企业财务状况的影响,从而对投资决策产生影响。     

污染场地风险管控环境经济政策体系：国外经验与本土实践

快速城市化和工业化给我国带来了大量的场地污染问题,污染场地修复和风险管控成为国土资源可持续利用的重要领域,创新土壤污染防治经济政策,充分发挥市场调节作用是土壤污染防治的内在要求,是破解土壤生态环境问题、推进土壤污染防治管理转型的重要支撑。本文从经济政策的体系、投融资模式与机制等方面展开,对美国、德国、荷兰等发达国家的污染场地风险管控环境经济政策进行了梳理分析,总结其可借鉴的成功经验;介绍了我国污染场地风险管控环境经济政策实施现状,最终从完善调控体系、明晰权责归属、拓宽资金来源、规范资金运营、丰富投融资模式、探索费用效益分析机制等方面提出我国污染场地风险管控环境经济政策体系的改进建议。     

Temporal pessimism and spatial optimism in environmental assessments: An 18-nation study

The personal assessments of the current and expected future state of the environment by 3232 community respondents in 18 nations were investigated at the local, national, and global spatial levels. These assessments were compared to a ranking of each country's environmental quality by an expert panel. Temporal pessimism (“things will get worse”) was found in the assessments at all three spatial levels. Spatial optimism bias (“things are better here than there”) was found in the assessments of current environmental conditions in 15 of 18 countries, but not in the assessments of the future. All countries except one exhibited temporal pessimism, but significant differences between them were common. Evaluations of current environmental conditions also differed by country. Citizens' assessments of current conditions, and the degree of comparative optimism, were strongly correlated with the expert panel's assessments of national environmental quality. Aside from the value of understanding global trends in environmental assessments, the results have important implications for environmental policy and risk management strategies.     

Salmon Farming in First Nations' Territories: A Case of Environmental Injustice on Canada's West Coast

This paper argues that salmon aquaculture operations situated in First Nations' claimed territories on Canada's West Coast create issues of environmental injustice. Salmon farms are associated with various environmental problems including pollution of the aquatic environment, risks to wild salmon, and food safety issues. These environmental problems constitute issues of environmental injustice due to the disproportionate, and different, impacts they have on coastal First Nations in comparison with other Canadians. The paper draws on material from several reviews of British Columbian (BC) salmon aquaculture to analyse coastal BC First Nations' claims and concerns about salmon farming along three environmental justice dimensions: distribution, participation and recognition. Qualitative evidence is obtained suggesting that coastal First Nations face disproportionate health risks from salmon farms, are excluded from decision-making processes with respect to the farms, and feel that their worldviews, identities, and ways of life are both ignored and at risk from the farms.     

Environmental justice in Appalachia Ohio? An expanded consideration of privilege and the role it plays in defending the contaminated status quo in a white,working-class community

Environmental justice addresses inequitable distributions of health risks from exposure to pollution and other hazards. Appalachian residents of southeastern Ohio who live along the Ohio River are disproportionately subject to industrial pollution. Of particular concern is the DuPont Washington Works plant where perfluorooctanoic acid, or C8, was used to make consumer products. Although company officials became aware in 1984 that the water supply of Little Hocking, Ohio, was tainted with C8 coming from its plant, residents were not notified until 2002. Subsequent studies determined a number of health problems, including cancer, are linked to residents’ exposure. This qualitative study asked Little Hocking residents and environmental regulators if they consider C8 contamination in Little Hocking an injustice. Results indicate a lack of consensus – even among affected residents – concerning DuPont's^® actions as constituting an injustice. This finding, among others, is used to argue that many residents in Little Hocking, through their association with DuPont^®, benefit from class-based forms of privilege and seek to maintain them in the context of immobility and economic uncertainty. This explains why some communities may be considered an environmental justice community from an academic standpoint, but not self-identify as such. However, maintaining privilege at the local scale in the context of weak regulation enhances exploitation in Little Hocking while contributing to power at extra-local scales. Thus, environmental justice activists in white, working-class communities must overcome the challenge posed by privilege that defends the contaminated status quo.     

Due diligence assessment of non-financial risk: Prophylaxis for the purchaser

Most large mining companies grow by acquisition and conduct due diligence assessments in order to identify the opportunities and risks associated with potential acquisitions.Due diligence assessment is usually restricted to considering the financial aspects of an asset, and often overlooks the non-financial risks that may compromise the economic viability or operability of a project. However, experience has shown that neglecting non-financial risk areas such as environmental, socio-economic and sustainability performance may be problematic and, under extreme circumstances, potentially disastrous, particularly in a developing world context.This paper examines the due diligence process and identifies the limitations of conventional assessments based solely on financial risk. It presents practical recommendations on structuring due diligence assessments to consider non-financial risk so that the full risk profile of an asset can be identified.     

南美环保与社区事务策略——以厄瓜多尔项目为例

以南美厄瓜多尔项目为例,分析在新的转型石油服务合同模式下,海外项目在环保和社区事务上面临的风险,包括环保许可审批时间长、历史污染处理、保护区内新区块开发审批难、社区补偿和社区冲突等问题。厄瓜多尔项目采用项目管理方法加强环保许可审批,借助审计契机划清历史污染责任,利用合同承诺解决保护区内作业难题,通过与政府沟通、利用政府力量推动工作开展,用法律武器解决社区问题,为项目持续稳定发展奠定基础。     

Willing and able: explaining individuals' engagement in environmental policy making

Research on attitudes toward environmental policy making has often overlooked the important role that risks play in forming individual attitudes towards the environment. Similarly, this research often assumes that the factors that affect attitudes are similar across different environmental domains. The purpose of this research is to examine how the factors that affect an individual's willingness to get involved in environmental policy making differ on two environmental issues – nuclear power and drinking water. The study utilises multivariate statistical techniques to explore the relationship that uncertainty, risk, and trust play in an individual's willingness to take action in environmental policy making. The data consist of responses to a national random telephone survey of 403 adults in the United States. The individuals surveyed are more likely to take action on the less avoidable potential threat of nuclear power than they are on drinking water. The respondents believe that the potential harm from nuclear power is greater than that from drinking water. The individuals most likely to take action are those who indicate that they are interested in environmental issues.     

土壤污染风险评价研究进展

随着工业化和城镇化快速发展,土壤污染带来的人体健康和生态风险日益凸显.本文针对我国土壤污染环境风险评价体系在风险管控中的缺失问题,系统总结了国内外土壤污染的风险研究发展成果,按照土壤污染的人体健康风险和生态风险,分别进行评价方法、评价标准和管理实践的总结与评述.文章着重指出:土壤污染风险评价在生态系统水平及区域流域尺度上缺失,评价方法未能与污染物存在形态完全匹配,评价指标还不能覆盖大部分重金属和有机物,健康风险与生态风险还没有实现综合评价.