THE IMPORTANCE OF PERCEPTIONS IN THE DETERMINATION OF INDIAN WATER RIGHTS1

ABSTRACT The American Indian occupies a unique place in the federal system of government There are indications that this relationship will continue and that Indian reservations are at the threshold of economic development. As this occurs, the nature and extent of Indian water rights becomes more important to Indian and non-Indian alike. The determination of these rights is a matter of more than judicial decisions. To a large degree the determination of these rights will rest in the non-judicial arena and will be influenced by the perceptions of those rights held by Indians and water allocation officials, both state and federal. If the perceptions of these political actors are not congruent, then political conflict will occur as the rights become more important. To depend solely upon the judicial system to resolve these conflicts entails risks and costs to both Indians and to allocating officials. Indians are taking seriously the federal policy of Indian self-determination, and water allocation officials run decided risks in failure to realize this. An alternative suggested is to include Indians as consulting parties when decisions are being made that affect Indian interests.     

透视我国环境与资源法制建设

我国自改革开放以来在构建环境与资源保护法律体系方面取得了可喜的成绩,但也存在一些问题。主要表现为:可持续发展战略尚未成为我国环境与资源保护立法的指导思想,我国的环境与资源立法不能完全适应社会主义市场经济的要求和社会发展的需要,我国关于环境与资源的法律法规之间不相统一。造成上述问题的原因有外部因素和内部因素,同时我国的具体国情又使它们更具特殊性。为了有效地解决这些问题,我国须在加强环境立法、健全现有制度、协调内部功能等方面进行不懈的努力。     

试论企业法人及法人代表对职工安全应负的法律责任

根据当前的安全生产形势 ,系统地说明了企业法人及法人代表对职工安全生产应负的法律责任     

论生态环境建设的基本法律制度

中国现有的生态环境建设的立法,缺乏对生态环境建设基本法律制度系统而明确的规定,无法满足生态环境建设的实际需要.针对现状,就中国生态环境建设的基本法律制度加以探讨,以期完善生态环境建设的立法规定.     

关于完善环境污染损害赔偿法律救济的思考

随着经济的飞速发展,环境污染的现象日益严重。目前我国解决环境污染损害赔偿责任纠纷的方式包括两种,即行政处理和诉讼解决。我国环境污染损害赔偿制度尚不完善。本文就完善环境污染损害赔偿法律救济提出具体建议,即修改、完善环境污染损害赔偿相关法律制度,使其适应经济和社会可持续发展的需要。     

Commentary: The federal ‘Prenatally and Postnatally Diagnosed Conditions Awareness Act’

The recently enacted federal law, the ‘Prenatally and Postnatally Diagnosed Conditions Awareness Act’ (United States Public Law 110–374) seeks to improve opportunities for parents and pregnant women to anticipate and understand the likely life course of children born with Down syndrome and other (unspecified) conditions. The law is in part a response to the continued growth of prenatal screening and testing. For example, the American College of Obstetricians and Gynecologists' Practice Bulletin 77 recommends that ‘Screening and invasive diagnostic testing for aneuploidies be available to all women who present for prenatal care before 20 weeks of gestation regardless of maternal age.’ Emerging technologies anticipate an era in which the scope of prenatal screening and testing will be much larger than it is today. Inevitably, more women will find themselves facing the hard question of whether to continue or end a pregnancy in which a fetus has been found to have a significant abnormality. While the new federal law is not likely to have a major impact on obstetric practice, it may be a harbinger of renewed wide-scale public debate concerning the ethics of prenatal screening. Copyright © 2009 John Wiley & Sons, Ltd.     

STATE LEGISLATIVE RESPONSE TO THE CENTRAL ARIZONA PROJECT1

This research deals with the manner in which the Arizona Legislature dealt with the issue of the Central Arizona Project. Due to the massive costs and impact, the Central Arizona Project was handled by the Legislature in a nonroutinized manner. There was no Legislative precedent for dealing with such a major public work project. Given the Legislature's annual program concerns and priorities, it is neither structurally nor psychologically geared to respond to the Central Arizona Project in terms of placing it within an agenda of priorities even for discussion.     

DECISION PARAMETERS FOR COMBINED USE OF EFFLUENT DISCHARGES,SURFACE FLOWS,AND GROUND WATER1

ABSTRACT: Decision parameters affecting combined use of effluent discharges and surface flows and ground water available at Gillespie Dam on the Gila River in Arizona are identified and analyzed. Hydrologic, economic, legal, and institutional parameters are considered separately and in combination. The interrelationships of irrigation subsystems, water use functions, institutional involvement, economic and legal constraints are illustrated. Recent hydrologic studies indicate that the natural flow of the Gila River will increase with the discharge of Phoenix sewage effluent and then there will be a drastic decline when the Palo Verde Nuclear Generating Station commences in 1985. Competition for any increases in effluent discharges and surface flows could be ameliorated through the combined efforts of existing or reorganized entities resulting in sharing of costs and benefits. The analysis leads to recommendations concerning joint use of facilities, proration of fixed and variable costs, and creation of a mutual water company.     

区域土地规划及环境政策研究

可持续发展应分阶段分层次地进行;为增强区域土地可持续利用,相关环境政策的制定应遵循可持续发展原则;区域土地可持续利用的评价流程与环境政策循环模式;这一领域的相关法律问题;最后提出了一些建议。