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.     

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.     

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.     

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.     

TRANSIENT RESPONSE FUNCTIONS FOR CONJUNCTIVE WATER MANAGEMENT IN THE SNAKE RIVER PLAIN,IDAHO1

ABSTRACT: Increasing demands on western water are causing a mounting need for the conjunctive management of surface water and ground water resources. Under western water law, the senior water rights holder has priority over the junior water rights holder in times of water shortage. Water managers have been reluctant to conjunctively manage surface water and ground water resources because of the difficulty of quantification of the impacts to surface water resources from ground water stresses. Impacts from ground water use can take years to propagate through an aquifer system. Prediction of the degree of impact to surface water resources over time and the spatial distribution of impacts is very difficult. Response functions mathematically describe the relationship between a unit ground water stress applied at a specific location and stream depletion or aquifer water level change elsewhere in the system. Response functions can be used to help quantify the spatial and temporal impacts to surface water resources caused by ground water pumping. This paper describes the theory of response functions and presents an application of transient response functions in the Snake River Plain, Idaho. Transient response functions can be used to facilitate the conjunctive management of surface and ground water not only in the eastern Snake River Plain basin, but also in similar basins throughout the western United States.     

陕西佛坪、宁陕"6.9"山地自然灾害考察研究

2002年6月9日,陕西南部佛坪、宁陕等地因特大暴雨引发了极其强烈的泥石流、山洪等山地自然灾害.本文考察研究了这次泥石流、山洪等山地自然灾害产生的条件,分布与活动特点以及未来发展变化的趋势.     

广东省的地质灾害与防治对策

广东省地质灾害类型多,分布广,频率高,危害大.地震、滑坡、崩塌、地裂缝、地面塌陷、地面沉降和软土地基变形等地质灾害是影响当地经济发展和城乡建设的消极因素.地质灾害的时间分布具有波动性,过去35年来存在两个明显的高发期,分别是1985-1992年和1997年至今;其空间分布具有区域耦合性,地质构造复杂、自然环境恶劣的粤西、粤北低山丘陵区和人类活动剧烈、经济发达的沿海平原地区都是重灾区.地质灾害与自然条件、人类活动关系密切.它们的防治应以防为主,防治结合,将生态与工程措施相结合,并调整人类的经济行为,保持生态环境的平衡.     

环境政策作用机制的分析框架

了解环境政策作用机制是环境政策有效调控的前提和核心,准确理解环境政策作用的背景、成因、过程、作用机制、效应动态、演变规律等;全面而深刻地环境政策副作用和变形的生成-演变规律,了解政策副作用形成机制、传导机制、积累发展机制、作用机制、研究政策变形对环境政策适应性和效率的影响才可能准确预测环境政策所引发的变化,这些变化对社会经济的影响,进而对环境政策的反馈影响和反馈作用,才可能准确有效地设计开发政策工具和调控机制,有铲地进行环境政策调控,提高环境政策的预见性、准确性、操作性和适应性。     

非饱和土边坡稳定的安全分析及进展

笔者基于基质吸力和土抗剪强度之间的关系和非饱和土力学理论 ,以基质吸力问题为中心 ,通过工程实例对影响非饱和土边坡滑动的各种内在及外界因素进行了参数分析 ,尤其对降雨入渗和裂隙影响的定量分析新进展进行了研究。研究结果表明 :非饱和土边坡稳定分析应加强考虑基质吸力对抗剪强度的折减影响 ,修正极限平衡方法对考虑降雨入渗 ,裂隙影响及暂态渗流的非饱和土边坡稳定性研究具有工程意义和实用价值。     

基于CAN总线的分布式安全报警系统

CAN总线是一种多主站局部网络 ,支持分布式控制系统或实时控制系统的通信功能 ,具有检错功能强 ,抗干扰 ,传输速率高等优点 ,广泛应用于工业控制领域。笔者以CAN总线技术为基础 ,用单片机和个人计算机组成分布式安全报警系统 ,该系统具有开放性、全分散体系结构、安装维护简单等特点。笔者介绍了该系统的总体构成及其软件和硬件设计。试验结果表明 ,该系统实现了事故现场、住户与住宅小区三者联系的安全报警功能。系统稳定性好 ,实时性强 ,报警准确。