论构建中国用能权交易体系的制度衔接之维

用能权是具有公私法双重属性的管制性财产权。用能权交易是我国推进绿色发展的一项制度创新,对实现能耗总量和强度"双控"目标具有重要意义。用能权交易制度旨在从供给侧实现节能降耗目标,与其并行的节能减排市场化机制还包括节能量交易和碳排放权交易。节能量交易与用能权交易的规制对象、规制手段、制度设计目的和约束功能相近,故两者存在制度重复建设问题。用能权交易和碳排放权交易的制度设计目的具有协同性、规制对象有交叉,但两者在用能权指标和碳排放配额初始分配、履约等方面存在制度衔接不畅问题。通过法学和制度经济学分析,对用能权交易、节能量交易和碳排放权交易的制度整合与重构提出了建议。中国应当取消目标节能量交易制度,并以核定用能权交易取代项目节能量交易。用能权交易和碳排放权交易的制度衔接层面,应当打通用能权交易体系和碳排放权交易体系,建立联合履约机制,即允许用能单位或排放单位在满足一定条件的情况下使用用能权指标、核定用能权、碳排放配额或核证减排量履约。用能权指标与碳排放配额在履约方面的衔接机制重点在于一级市场的对接。用能权的初始分配仅仅是为重点用能单位设定节能义务的过程,应当以公平为原则,并且采取免费分配的方式。相对于用能权交易制度,碳排放权交易制度则是为了控制排放单位对碳排放空间这一资源的过度利用。因此,在碳排放配额初始分配环节,政府应当通过有偿分配的方式以实现国家对碳排放空间这一稀缺资源的所有者权益。建立核定用能权和核证减排量的联合履约机制,既允许用能单位购买核证减排量抵消其超额耗能,也允许排放单位购买核定用能权以抵消其超额排放,并对抵消比例设定限制。     

DECISION-MAKING PROCESS ON THE DANUBE AND THE PLATTE1

ABSTRACT: Two case studies highlighting the institutional arrangements and decision-making processes used to attempt to allocate water on large scale river systems in two countries are presented. In both cases the implementation of river plans has been blocked by conflicts between those who wish to use water for irrigation, hydropower, or municipal purposes and those who wish to maintain instream flows for fish and wildlife. To date conflict has blocked the implementation of a large hydropower scheme on the Danube River, downstream from Vienna, Austria, and the construction of municipal and agricultural projects, as well as the relicensing of an existing hydropower facility on the Platte River in Nebraska. Analysis of the decision-making processes and institutional settings of both cases led to the identification of problem areas and development of recommendations that would support the achievement of compromise solutions for management.     

WATER POLICIES FOR ENERGY DEVELOPMENT1

ABSTRACF: Examination of a series of studies of the economically efficient water allocations in the Upper Colorado River, Yellowstone River, and Great Basins indicate that water is not a serious general physical constraint on the development of energy resources, so long as public institutions do not hinder the exchange of water rights in markets. Energy development will cause limited impacts on other water-using sectors, principally agriculture. There appears to be little reason to develop large-scale water storage facilities, even during periods of reduced water production. Water storage developments appear to be necessary only when institutional constraints severely restrict water rights markets and transfers.     

可持续发展能力建设的理论分析与重构

本文从《２１ 世纪议程》所述的可持续发展能力的解释出发,首次定义了可持续发展能力建设的概念,全面阐术述了能力建设的基本概念和实质内涵;同时,从理论上论述了能力建设的现实意义、能力建设的途径以及能力建设在实施可持续发展战略中基础作用。     

Meaning work: reworking institutional meanings for environmental governance

Effective environmental governance requires institutional change. While some actors work to change institutions, others resist change by defending and maintaining institutions. Much of this institutional work is ‘meaning work’, which we define as the practice of crafting, adapting, connecting and performing meanings to purposively create, maintain or disrupt institutions. This paper constructs a concept of meaning work that highlights agency in carrying meanings across scales and between discursive layers, while noting the structuring role of prevailing discourses. It grounds the concept using two environmental governance cases at very different scales: a local democratic innovation employed by Noosa Council in Queensland, Australia; and the international campaign to divest from fossil fuels. The cases demonstrate the diversity of meaning work and the difficulty of achieving deep discursive change. They point to the need for environmental governance practitioners to rework existing meanings to construct compelling stories for change, taking advantage of narrative openings.     

A narrative perspective on institutional work in environmental governance – insights from a beach nourishment case study in Sweden

Institutional work offers a promising lens for understanding institutional change, focusing on the efforts of actors in creating, maintaining or disrupting institutions. In this paper, we explore the capacity of a narrative approach to provide insights on institutional work, using a case study from the coast of Sweden. We identify four narratives that compete in the policy discourse regarding erosion and beach nourishment in the coastal province of Scania. The narratives reveal that actors hold different beliefs concerning the magnitude of the erosion problem, the division of responsibilities and the suitability of sand nourishment as a coastal protection measure. The narrative competition is considered reflective of past institutional discussions and ongoing institutional work in coastal management in Scania, confirming that narratives are used as sense-making and meaning-giving devices in institutional discussions.     

WASTE WATER REUSE IN PHOENIX-HOW VIABLE IS IT?1

ABSTRACT: The Phoenix metropolitan area has a unique combination of circumstances which makes it one of the prime areas in the Nation for waste water reuse. Overriding all of these conditions is the long-term inadequacy of the existing water supplies. The Salt River Valley has a ground water overdraft of about 700,000 acre feet per year. To help alleviate this situation, the Corps of Engineers in conjunction with the MAG 208 is looking at ways to reuse a projected 2020 waste water flow of 340,000 acre feet per year. Reuse options identified include ground water recharge, agricultural irrigation, turf irrigation, recreational lakes, fish and wildlife habitats, and industrial cooling. These look nice on paper but before they can be implemented, some hard questions have to be answered, such as: How acceptable are local treatment plants when 15 years ago there was a major push to eliminate local plants; is the Phoenix area ready for reuse in urban areas; what are people willing to pay for water; who benefits if a city goes to ground water recharge; how much agriculture will be left in the area by 2020? These and other questions must be resolved if reuse is to become a viable option in water resource planning in the Phoenix area. Summary. Large scale reuse of waste water conforms with the national goal of better resource management through recycling. The Phoenix metropolitan area has a unique combination of circumstances which makes it one of the prime areas in the nation for waste water reuse. Some of the most notable conditions are: the existence of a large and rapidly growing urban area which is in the process of planning for future waste water management systems; the existence of agricultural areas which are projected to be farmed well into the future, and the existence of constructed and planned major recreational systems such as Indian Bend Wash which can use recycled waste water; the existence of extensive depleted ground water aquifers; the need for a dependable source for the cooling of the Palo Verde Nuclear reactors; and finally, overriding all of this, the long-term inadequacy of the existing water supplies. Given this, one would expect to find total reuse within the Phoenix metropolitan area. Reuse is taking place with irrigation and nuclear power cooling to the west but there is no long term plan which looks at the Valley as a whole and considers waste water as part of the Valley's water resources. The Corps 208 plan is looking at waste water in this manner but initial analysis shows that although reuse is technically feasible there are many financial, social, institutional, and political questions still to be answered. These include: determining the value of existing diminishing water sources and what people are willing to pay for the next source of water; are people willing to identify priority uses of water for the area so that water of varying quality is put to its highest and best use; will the present institutional boundaries remain to create water-rich and water-poor areas; and will legislation be forthcoming to simplify the complex surface and ground water laws that presently exist? The Corps 208 study will not be able to answer these questions, but the goal at the moment is to identify feasible reuse systems along with decisions the public, owners, agencies, and politicians must make to select and implement them. If some sort of logical process is not developed and public awareness not increased, the chance for a long-term plan to utilize waste water as a major element in the Phoenix area water resource picture, may be missed.     

The evolution of socio-ecological systems: changing palm species management in the Colombian Amazon as an indicator of ecological and institutional change

We investigate natural resource governance in three indigenous communities in the Colombian Amazon. We base our analysis on an evolutionary governance model in which governance dimensions emerge as relevant through time. The less accessible of the communities represents earlier steps in governance evolution, while the more physically accessible is more integrated into the western scene. We observe how increased physical accessibility in a community brings in western governance models which hybridize with more traditional ones, influencing the couplings between the social and ecological systems. We zoom in on changing management of three commonly used palm species and illustrate how detailed studies of natural resource management contribute to understanding governance evolution. By comparing governance evolutions we were able to gain insights and improve our understanding on how natural resource management changes in communities transiting into western ways of living. In doing so we recognized points of rigidity and flexibility which might influence the social ecological systems capacity to adapt to changing conditions.     

Adapting to changing climate risk by local government in New Zealand: institutional practice barriers and enablers

Adaptation to climate change has been reviewed in several developed nations, but in none where consideration of the effects of climate change is required by statute and devolved to local government. We examine the role of institutional arrangements, the players operating under them, the barriers and enablers for adaptation decision-making in the developed nation of New Zealand. We examine how the roles and responsibilities between national, regional and local governments influence the ability of local government to deliver long-term flexible responses to changing climate risk. We found that the disciplinary practices of law, engineering and planning, within legal frameworks, result in the use of static mechanisms which create inflexible responses to changing risk. Several enablers are identified that could create greater integration between the different scales of government, including better use of national policy instruments, shared professional experience, standardised information collection and risk assessment methods that address uncertainties. The framing of climate risk as dynamic and changing that differentiates activities over their lifetime, development of mechanisms to fund transitions towards transformational change, are identified as necessary conditions for delivering flexible responses over time.