大气环境立法新动向

大气环境法是随大气环境的变化而发展的。通过分析美、日、中等国家近年来的大气环境立法状况，概括出目前大气环境立法的五大趋势。这些趋势反映了人们对大气污染防治问题认识的深入和对大气环境污染防治法律观念的转变。     

Exploiting Abstract Possibilities: A Critique of the Concept and Practice of Product Patenting

Developments in biotechnology and genomics have moved the issue of patenting scientific and technological inventions toward the center of interest. In particular, the patentability of genes of plants, animals, or humans and of genetically modified (parts of) living organisms has been discussed, and questioned, from various normative perspectives. This paper aims to contribute to this debate. For this purpose, it first explains a number of relevant aspects of the theory and practice of patenting. The focus is on a special and increasingly significant type of patents, namely product patents. The paper provides three general arguments against the concept and practice of product patenting. The first argument briefly considers the claim that patents are legitimate because they promote socially useful innovation. Against this claim, it is argued that product patents may hamper rather than promote such innovation. The second and main argument concludes that product patents are not adequately based on actual technological inventions, as they should be according to the usual criteria of patentability. The principal moral issue is that product patents tend to reward patentees for inventions they have not really made available. The final argument proposes a method for patenting the heat of the sun. Assuming that granting this patent will be generally considered absurd, the argument exposes a further, fundamental problem of the concept and practice of product patenting.     

Change in vegetation cover in East Timor, 1989–1999

Forest resources play a key role and provide many basic needs to communities in developing economies. To assess the patterns of vegetation cover change, as a corollary of resource utilization, satellite imagery, ground truth data, and image processing techniques can be useful. This article is concerned with identifying change in major vegetation types in East Timor between 1989 and 1999, using Landsat Thematic Mapper data. The results highlight a significant level of deforestation and decline in foliage cover. All major vegetation cover types declined from 1989 to 1999, and there was a sizeable increase in degraded woodlands. This decline has had considerable impact on the livelihoods of rural and urban communities. Causes for these changes include: economic exploitation of abundant resources; and implications of transmigration policies implemented during Indonesian rule, resulting in increased competition for land and woodland resources. As the new nation of Timor‐Leste establishes itself, it must consider its current stock and distribution of natural capital to ensure that development efforts are geared towards sustainable outcomes. Without the knowledge of historical patterns of resource consumption, development efforts may, unwittingly, lead to continuing decline in forest resources.     

Significant developments in sustainable development law and governance: A proposal

This article develops a practical proposal for progress on sustainable development law. It examines the prospects for an international sustainable development law to provide a framework for more effective, coherent governance. Sustainable development law is briefly defined and an analytical framework is provided. Different degrees of integration between economic, social and environmental law are described. Certain principles of international law related to sustainable development are also highlighted. It is argued that these principles may serve to guide law‐makers and jurists where social, economic and environmental law and policy conflict or overlap. Continuing, underlying questions of sustainable development governance are addressed and its global frameworks analysed. The article also focuses on the 2002 World Summit on Sustainable Development, held in Johannesburg in August‐September 2002, and its specific mandate for the United Nations Commission on Sustainable Development (UNCSD) to take related legal developments into account. The article advances a proposal: that governments, economic, social and environmental intergovernmental organizations and other actors establish a ‘network of inquiry’ with members from relevant groups, including legal and academic organizations, and other expert groups, in order to follow, research, analyse and debate legal developments in a balanced way.     

Enhanced water resource base for sustainable integrated water resource management

The article states the case for greatly enhanced reliance on desalination in the provision of freshwater. It argues that the concept of integrated water resource management (IWRM), should be expanded to routinely include desalination, and that sea water and brackish water should be listed among available sources of freshwater. In recent years, the price per m3 of freshwater obtained from desalination has steadily declined, and is now within competitive range of conventional sources, especially as extracting water from surface sources (rivers, lakes) is becoming increasingly expensive as well as ecologically harmful, and groundwater in many locations is saline or depleted. With the expectation that by 2020, five billion people will reside in megacities, today's conventional water resources are likely to become insufficient. As many of these megacities are located near ocean coasts, sea water seems a logical solution.     

Women and biodiversity: The long journey from users to policy-makers

Although there has been a broad acknowledgment that women's local and traditional knowledge is fundamental to guarantee food security and conserve biological diversity, few women are represented at the managerial and decision‐making level of environmental movements and organizations. The United Nations, its agencies and agreements have long promoted the full and effective participation of women in decision‐making processes. So how can commitments contained in international agreements be translated into concrete actions? By using the case of the Convention on Biological Diversity, one of the key agreements adopted at the 1992 Earth Summit in Rio de Janeiro, this article analyses how gender‐equitable initiatives tend to assume an ad hoc character with few governments effectively involving women in their sustainable development strategies. The views expressed in this article are those of the authors and do not necessarily reflect the official position of the United Nations or its subsidiary bodies.     

Hazardous wastes transboundary movement management: a case study in Taiwan

More than 50,000 tons of hazardous waste are imported and exported worldwide each year. Over 50% of hazardous waste is exported to Southeast Asia, of which leather waste is the major component. The exportation quantities of hazardous waste to Organization of Economic Cooperation and Development (OECD) countries are decreasing while they are on the increase to non-OECD countries. Some of these wastes are intended for recycling purposes but the usage of some others is not stipulated. The hazardous waste importation quantity kept fairly steady from 1997 to 2000, of which ash or residues containing copper or copper compounds were the major component. Under existing regulations and measures, the transboundary movement of hazardous waste cannot be effectively controlled and monitored. In order to ensure environmentally sound hazardous waste management, EPA-Taiwan revised the Waste Disposal Act in 2001 and cooperated with the Industrial Development Bureau (IDB) to promote industrial waste reduction and recycling projects. Strategies were proposed based on evaluation according to the 3Es Principles and the site investigation in this study.     

NUTRIENT CONCENTRATION CRITERIA AND CHARACTERIZATION OF PATTERNS IN TROPHIC STATE FOR RIVERS IN HETEROGENEOUS LANDSCAPES1

ABSTRACT: A method is demonstrated for the development of nutrient concentration criteria and large scale assessment of trophic state in environmentally heterogeneous landscapes. The method uses the River Environment Classification (REC) as a spatial framework to partition rivers according to differences in processes that control the accrual and loss of algae biomass. The method is then applied to gravel bed rivers with natural flow regimes that drain hilly watersheds in New Zealand's South Island. An existing model is used to characterize trophic state (in terms of chlorophyll a as a measure of maximum biomass) using nutrient concentration, which controls the rate of biomass accrual, and flood frequency, which controls biomass loss. Variation in flood frequency was partitioned into three classes, and flow data measured at 68 sites was used to show that the classes differ with respect to flood frequency. Variation in nutrient concentration was partitioned at smaller spatial scales by subdivision of higher level classes into seven classes. The median of flood frequency in each of the three higher level classes was used as a control variable in the model to provide spatially explicit nutrient concentration criteria by setting maximum chlorophyll a to reflect a desired trophic state. The median of mean monthly soluble reactive phosphorus and soluble inorganic nitrogen measured at 68 water quality monitoring sites were then used to characterize the trophic state of each of the seven lower level classes. The method models biomass and therefore allows variation in this response variable to provide options for trophic state and the associated nutrient concentrations to achieve these. Thus it is less deterministic than using reference site water quality. The choice from among these options is a sociopolitical decision, which reflects the management objectives rather than purely technical considerations.     

NITROGEN AND ORGANIC MATTER LOSSES IN NO‐TILL CORN CROPPING SYSTEMS1

ABSTRACT: Intensive cropping systems based on mechanical movement of soil have induced land degradation in most agricultural areas due to soil erosion and soil fertility losses. Thus, farmers have been increasing fertilization rates to maintain an economically competitive crop yield. This practice has resulted in water quality degradation and lake eutrophication in many agricultural watersheds. Research was conducted in the Patzcuaro watershed in central Mexico to develop appropriate technology that prevents nonpoint source pollution from fertilizers. Organic matter (OM) and nitrogen (N) losses in runoff and nitrate (NO₃‐N) percolation in Andisols with corn under conventional till (CT) and no‐till (NT) treatments using variable percentages of crop residue as soil cover were investigated for steep‐slope agriculture. USLE type runoff plots were used to collect water runoff, while suction tubes with porous caps at 30, 60, and 90 cm depth were used to sample soil water solutes for NO₃‐N analyses. Results indicated a significant reduction of N and OM losses in runoff as residue cover increased in the NT treatments. Inorganic N in runoff was 25 kg/ha for NT without residue cover (NT‐0) and 6 kg/ha for the NT with 100 percent residue cover (NT‐100). Organic matter losses in runoff were 157 and 24 kg/ha for the NT‐0 and NT‐100 treatments, respectively. Nitrate‐N percolation was evident in CT and NT with 100 percent residue cover (NT‐100). However, NT‐100 had higher NO₃‐N concentration at the root zone, suggesting the possibility of reducing fertilization rates with the use of NT treatments.     

MODELING SEDIMENT AND PHOSPHORUS LOSSES IN AN AGRICULTURAL WATERSHED TO MEET TMDLs1

ABSTRACT: This paper studies the effectiveness of alternative farm management strategies at improving water quality to meet Total Maximum Daily Loads (TMDLs) in agricultural watersheds. A spatial process model was calibrated using monthly flow, sediment, and phosphorus (P) losses (1994 to 1996) from Sand Creek watershed in south‐central Minnesota. Statistical evaluation of predicted and observed data gave r² coefficients of 0.75, 0.69, and 0.49 for flow (average 4.1 m³/s), sediment load (average 0.44 ton/ha), and phosphorus load (average 0.97 kg/ha), respectively. The calibrated model was used to evaluate the effects of conservation tillage, conversion of crop land to pasture, and changes in phosphorus fertilizer application rate on pollutant loads. TMDLs were developed for sediment and P losses based on existing water quality standards and guidelines. Observed annual sediment and P losses exceeded these TMDLs by 59 percent and 83 percent, respectively. A combination of increased conservation tillage, reduced application rates of phosphorus fertilizer, and conversion of crop land to pasture could reduce sediment and phosphorus loads by 23 percent and 20 percent of existing loads, respectively. These reductions are much less than needed to meet TMDLs, suggesting that control of sediment using buffer strips and control of point sources of phosphorus are needed for the remaining reductions.