美国州法中的内径流水权及其优先权日问题

美国水资源的所有权属于各州 ,是一种公有的资源。法律上的水权 ,是水的使用权 ,主要包括私人所有的先占权水权、岸边权水权。在美国西部各州的水权系统中 ,有一种水权现在可以在私法框架中协调环境保护目标、各种取水权人的取水需求 ,这两者之间的冲突。这就是现在美国学术界广泛关注的内径流水权。内径流水权可以在私法领域保护水流的天然禀赋 ,并且排除政府以环境法为理由介入水事争端。随着环境主义在美国的破产[1] ,美国西部开始了大规模的水权裁决活动 ,通过水法院或者行政机构确认私有水权的优先权日 ,从而确立水权的优先权序列。这样水权就会真正成为属于分散的个体的、排他性的财产权。优先权日在先的水权将在枯水季节排除他人的取水权或者其他种类的用水权。因此 ,确立内径流水权在这个优先权序列中的地位 ,是环境保护目标在私法体系中 ,而不是在效率低下的各种环境保护法中 ,长久地得到维护的关键。内径流水权优先权日有 (1)判例法认定的日期 ;(2 )法律规定的日期 ;(3)转化生成的日期。在先占原则框架中扩张这种财产权可以更大程度地排除环境法的适用范围。     

防灾工程动态投资决策方法初探

本文提出了防灾工程的抗力、灾损度和灾害的灾度、灾害势以及动态决策准则等概念,基于现代控制理论,初步建立了防灾工程动态投资决策的一般方法,并对其进行了理论分析和研究。这里的决策包括防灾工程的初始投资(或设防水平)决策及其防灾规划期(或寿命期)内的防灾减灾维护投资(或维护水平)决策.文中还给出了算例,对上述方法进行了应用。算例结果表明,本文提出的防灾工程动态投资决策方法具有比较显著的经济效益。     

延吉市产业结构调整与知识产业发展

延吉市土地面积小 ,水土资源紧张 ,人口与环境压力较大 ,但智力资源丰富。延吉市已经形成以二、三产业为主导的产业体系 ,但产业内部存在结构性问题。文章认为产业结构调整与发展知识产业相结合是实现城市可持续发展的重要途径 ,进而探讨了延吉市产业结构调整思路 ,提出知识产业发展方向。     

河北省水文地质环境变化及其脆弱性分析

河北省是我国乃至世界水文地质环境恶化最严重的地区之一。本文通过分析生态环境和水文地质环境变化的过程和致灾现状 ,指出了其脆弱性累进的原因 ,并提出了遏制环境恶化 ,减轻灾害影响与损失 ,调整人类行为的对策与建议     

润滑油基础油在储运过程中可能产生的危害和对策

分析了润滑油基础油在储运过程中,油品质量可能产生的不良变化和对周围环境造成的危害.针对这些危害提出了解决的对策.     

Accumulation and phytoavailability of benzo[a]pyrene in an acid sandy soil

Effects of benzo[a]pyrene (B[a]P) on ryegrass (Lolium perenne L.) growth, plant accumulation and dissipiation of B[a]P in a red sandy soil (Hapli-Udic Argosol) were studied in a pot experiment. The plants were grown for 61 days in soil spiked with B[a]P at 0, 12.5, 25 and 50 mg kg⁻¹. Control pots without plants were also set up. Soil extractable B[a]P, plant shoot and root biomass, and concentrations of B[a]P in plant shoots and roots were determined. Ryegrass biomass was increased by addition of B[a]P and root B[a]P concentrations were significantly correlated with B[a]P application rate, but no such correlation was found for shoot B[a]P concentrations. This indicates that B[a]P enhanced the growth of the ryegrass. The extractable B[a]P concentration in the planted soil was significantly lower than that in the unplanted control soil at the rate of 50 mg B[a]P kg⁻¹. This indicates that ryegrass may help to dissipate B[a]P in soil at concentrations over 50 mg kg⁻¹ soil although the mechanism for this is not understood.     

Distribution characteristics of polychlorinated biphenyls in crucian carp (Carassius auratus) from major rivers in Korea

Polychlorinated biphenyls (PCBs) levels in crucian carp were determined at 20 locations along four major river systems, several small-scale rivers and a wetland in Korea. Twenty-eight congeners, ranging from tri- to hepta-CBs were detected. A gas chromatograph with a mass selective detector was used to quantify the individual PCB congeners. The objectives of this study were to investigate the levels of contamination of PCBs in freshwater fish and to observe the pattern of their distribution. The sampling locations were chosen among 31 sampling sites that are currently used as environmental residue checkpoints by the Korean Ministry of Environment. Concentrations of individual congeners ranged from not detectable (n.d.) to 0.75 ng g(-1) on a wet weight basis. The total concentrations of PCBs at each site ranged from n.d. to 5.41 ng g(-1) of wet weight. The most heavily contaminated site was the Nakdong estuary located near the Shinpyung-Janglim factory district. The PCB 153 and 138 were the principal congeners and penta- and hexa-chlorinated biphenyls comprised the main congener groups.     

The effects of elevated CO2 on clonal growth and nutrient content of submerge plant Vallisneria spinulosa

An approximately four months long glasshouse experiment was conducted to examine the effects of elevated carbon dioxide (CO(2)) concentration (1,000 +/- 50 micromol mol(-1)) in the atmosphere on biomass accumulation and allocation pattern, clonal growth and nitrogen (N), phosphorus (P) accumulation by the submerged plant Vallisneria spinulosa Yan. Elevated CO(2) significantly increased V. spinulosa total fresh biomass ( approximately 130%) after 120 days, due to more biomass accumulation in all morphological organs than in those at ambient CO(2) (390 +/- 20 micromol mol(-1)). About 75% of the additional total biomass at elevated CO(2) was accounted for by leaf and rhizome (above ground) biomass and only 25% of it belonged to root and turion (below ground). However, the turions biomass exhibited a greater increase rate than that of organ above ground, which caused reduction in the above/below ground biomass ratio. The clonal growth of V. spinulosa responded positively to elevated CO(2). The number of primary ramets increased up to 1.4-folds at elevated CO(2) and induced a dense growth pattern. For nutrients absorption, concentration of N in leaf and in turion was significantly (p 相似文献   

An assessment of the risks associated with polychlorinated biphenyls found in the stomach contents of stranded Indo-Pacific Humpback Dolphins (Sousa chinensis) and Finless Porpoises (Neophocaena phocaenoides) from Hong Kong waters

The risks to Indo-Pacific Humpback Dolphins and Finless Porpoises associated with polychlorinated biphenyls (PCBs) were assessed. Stomach contents from twelve stranded Humpback Dolphins and sixteen stranded Finless Porpoises were collected. Concentrations of total and isomer-specific PCBs in the stomach contents were determined using dual-column gas chromatography equipped with electron capture detectors (GC-ECD). Risks due to the PCBs were assessed in three scenarios, based on total PCBs (summation of 41 PCB congeners), total toxicity equivalency (TEQs) and PCB 118, using the toxicity reference values (TRVs) as the threshold effects benchmarks. The calculated risk quotients (RQs) showed that risks due to PCBs were generally low or negligible. Specifically, RQs from total TEQs and total PCBs for Finless Porpoises are below one, suggesting that PCBs should be a low risk for the Finless Porpoise in Hong Kong waters. However, the Humpback Dolphin has RQs larger than 1 for total TEQs and total PCBs when the 95th percentile data were used in the evaluation. This indicates that further investigation may be needed to examine more closely the potential impact of toxic contaminants in the habitat of the Humpback Dolphin.