绿色技术专利强制许可法律问题研究

绿色技术专利强制许可要求将环境利益明确纳入公共利益范围,而专门的绿色技术专利强制许可制度则进一步要求针对绿色技术构建特殊许可通道。功能主义观念以环境保护目标的必要性来证成绿色技术专利强制许可的正当性,但没有解释绿色技术、环境保护、公共利益之间的具体联系,从而不能证明绿色技术专利强制许可背后的法律逻辑。法治主义视角下,从强制许可事由、审查程序以及许可费三方面来看,该制度会引起一系列的正当性问题。未来需要将专门的绿色技术专利强制许可制度限定在政府实施的范围内,并依据权利人自认来确定绿色技术的范围。     

Urban agriculture,civil interfaces and moving beyond difference: the experiences of plot holders in Dublin and Belfast

Recent literature suggests that a “shared politics of place” attained through joint activities fosters social integration and provides people with a means to practise co-operation [Baumann, G., 1996. Contesting culture: discourses of identity in multi-ethnic London. Cambridge: Cambridge University Press; Sanjek, R., 1998. The future of us all: race & neighbourhood policies in New York City. Ithaca, NY: Cornell University Press; Sennett, R., 2012. Together: the rituals, pleasures and politics of cooperation. UK: Penguin]. Such a “shared politics of place” is most likely to occur in the context of public space conceptualised broadly as “the setting for everyday spatial behaviour of individuals and communities, emphasizing ordinary activities of citizens” [Lownsbrough, H. and Beunderman, J., 2007. Equally spaced? Public space and interaction between diverse communities. London: Demos, p. 8]. Here we explore one element of such public space – urban agriculture sites – with a view to identifying the extent to which a “shared politics of place” can be created and nurtured among the cultivating citizenry. The paper draws on data collected on allotment gardening sites in two urban contexts: Dublin (Ireland) and Belfast (Northern Ireland) over the period 2009–2013. We demonstrate the centrality of allotment cultivation to the generation of solidarity, mutuality and trust among participating citizens. Individuals engaging in allotment gardening in both Dublin and Belfast create and sustain civil interfaces – dismantling barriers, exchanging knowledge, challenging stereotypes, generating empathy and getting on with the business of simply getting on with their lives. The modus operandi of allotment gardening is predicated on a willingness to disregard social and ethno-national categorisations while on site. This is not to deny that such differences exist and persist, but allotments offer a “space of potential” where those differences are, at least for a time, rendered less salient.     

A PROCESS FOR FEDERAL WATER PLANNING AT THE FIELD LEVEL1

ABSTRACT: A process for planning at the field offices of Federal water resources agencies is described. The process involve s both planners and publics in the following four planning activities: problem definition, formulation of alternatives, impact analysis and evaluation (or plan ranking). Evaluative factors are defied as the goals, concerns, constraints, etc. that affected publics and other decision makers consider in ranking alternative actions. These factors serve to drive the entire process and glue the four planning activities together. In contrast to other “models” of the planning process, the four activities are considered to be carried out simultaneously and continually from the beginning of the process. As the planning process proceeds, each activity is repeated a number of times at increasing levels of detail. Various aspects of the process are illustrated by means of an example involving water resources development in Carmel Valley, California.     

UNCALCULATED IMPACTS OF UNSUSTAINABLE AQUIFER YIELD INCLUDING EVIDENCE OF SUBSURFACE INTERBASIN FLOW1

ABSTRACT: Unsustainable withdrawals from regional aquifers have resulted in adverse impacts considerable distances from the point locations of supply wells. In one area of the southeastern (SE) Coastal Plain, conservative estimates for repair/replacement of some residential wells damaged or destroyed by unsustainable yield from the Floridan aquifer system exceeded $4 million. However, a comprehensive assessment of damage/economic loss to private property and public resources due to unsustainable yield from that regional karst aquifer has not been made. Uncalculated direct costs to home‐owners from damage attributed to those withdrawals are associated with destruction of homes from increased sinkhole formation, devalued waterfront property, and removal of diseased and dead trees. Examples of other uncalculated economic burdens resulting from unsustainable aquifer yield in the SE Coastal Plain include: (1) irreversible damage to the aquifer matrix and concomitant increased potential for groundwater contamination, (2) large‐scale wildfires with subsequent degradation of air quality, debilitation of transportation corridors, and destruction of timber, wildlife habitat and property, and (3) destruction of “protected” natural areas. This paper provides a general background of the regional Floridan aquifer system's karst characteristics, examples of known impacts resulting from ground water mining in the SE Coastal Plain, and examples of additional damage that may be related to unsustainable yield from the Upper Floridan aquifer. Costs of these impacts have not been calculated and are not reflected in the price users pay for ground water. Evidence suggests that the classic watershed management approach must be revised in areas with mined regional karst aquifers to include impacts of induced recharge from the surficial aquifer, and subsurface inter‐basin flow. Likewise, associated impacts to surface water and interrelated systems must be calculated. The true cost of groundwater mining to this and future generations should be determined using a multidisciplinary approach.     

论我国环境法公众参与制度的缺陷及其完善

论述我国环境法的公众参与制度在许多方面存在亟待解决的问题和该制度存在的缺陷以及完善该制度的措施。     

Perceiving the Environment from the Lay Perspective in Desertified Areas,Northern China

Investigating local people’s environmental perceptions can produce useful information that could be incorporated into decision making processes that help resolve environmental problems. Although China is undergoing severe desertification, the perceptions of the local people toward their degraded environment and the related issues have so far not been actively solicited. This article, which is a supplement to Lee and Zhang’s (2004, 2005) studies, seeks to further investigate the lay public’s general environmental attitudes, perceptions of desertification, interpretations of land-degrading activities, and particularly their interrelations in severely desertified areas. Minqin County in Gansu Province, northern China, was chosen to be the study area. Data was collected via a questionnaire survey (n = 1138) administered in December 2002. Major findings were: (1) Most respondents had only weak altruistic environmental attitudes, with educational level to be a significant determinant. (2) Respondents’ perceptions of desertification and interpretations of land-degrading activities were contingent on personal attributes, general environmental attitudes, and other conceptions related to desertification. It is recommended that the interrelations between the various aspects of the public’s environmental perceptions should be thoroughly examined to facilitate their participation in environmental management.     

Protecting people and property: the influence of land-use planners on flood hazard mitigation in New Urbanist developments

Research suggests that characteristics of local government land-use planners help determine the priority that local communities place on flood hazard mitigation. However, research has not examined the significance of land-use planners' values and role orientations for flood hazard mitigation. Multiple regression analysis is used to examine the influence that land-use planners' values and role orientations have on flood hazard mitigation in a national sample of New Urbanist development projects. Findings indicate that land-use planners' values and role orientations have significant implications for flood hazard mitigation in these projects. The paper recommends that local governments adopt a land-use planning approach to flood hazard mitigation that relies on land-use planners to help direct development away from hazardous portions of development sites.     

增强环境影响评价公众参与有效性的研究

本文结合《环境影响评价公众参与暂行办法》的内容和要求,根据从事环境影响评价的工作经验,提出当前环评中公众参与存在的信息公开及听证主体不尽合理等问题,并加以分析。针对如何更好地做好公众参与工作,提出诸如扩大并完善公众可以参与评价的方式和媒体参与等一系列对策建议。     

关于环境监测站在事业单位改革浪潮中转型发展的思考

根据事业单位分类改革政策,环境监测站属于公益性二类事业单位.通过分析监测站目前运行过程中存在的问题和面临的形势,提出了包括增强服务意识、提升综合素质、推进内部机制改革、参与市场竞争与合作等一系列实现转型发展的对策.     

大型公共场所风险评价研究现状与展望

大型公共场所由于人群高度密集和财富高度集中的特点,其防灾减灾问题一直是城市防灾减灾的重点和难点,其风险性研究直接影响到城市防灾减灾安全工程建设及管理策略的制定实施.全面调研了国内外大型公共场所风险评价指标体系及评价方法的研究现状,分析了大型公共场所风险评价的重要地位,指出了大型公共场所风险评价方面存在的问题,并提出了有关大型公共场所风险评价方面的几点建议.