新<海洋环境保护法>与有关国际公约的实施

概述了新《海洋环境保护法》与《73/ 78防污公约》、《1990年国际油污防备、反应和合作公约》、《1992年国际油污损害民事责任公约》等有关国际防污公约相关条款的相互关系及其实施     

Traffic rules and traffic safety

In the present paper the effects of traffic rules on driver behaviour and on traffic safety are discussed. The discussion is mainly based on research conerning driver’s use of safety equipment, their speed adjustment and drunken driving with respect to safety potential, effects of the rules, and effects of enforcement on driver behaviour. Factors influencing drivers’ decisions to comply with rules are also considered. It is concluded that only rules that are possible to enforce should be implemented and that police surveillance should be visible to the drivers. Also, the traffic system should be seen as a social system where drivers are interacting with other drivers and road users. Rules and regulations are important to help the actors of the system to function in a safe and effective way.     

Seeing the environment through islamic eyes: Application ofShariah to natural resources planning and management

A comprehensive paradigm of environmental ethics should encompass two things: (1) a particular way of life, and (2) a path to achieve that ideal. An effective paradigm must also be internally consistent, yet externally workable in the real world. On the whole, the modern environmental movement has failed to provide these essential components and qualities in its associated philosophies, most of which suffer from being too abstract or too utopian.This paper suggests that Islam, as a religion and as a body of knowledge, is capable of providing its followers with a comprehensive and practical system of environmental ethics. The basic principles and guidelines of the faith represent the conceptual ideal, while Islamic institutions and laws provide the operational components of an ethical system.     

试析《水法》下的水资源统一管理

水是关系社会可持续发展的重要资源,但是我国水管理的弊端造成水资源状况不容乐观。针对这一情况,2002年《水法》的修改重点之一是加强了水资源统一管理。本文从统一管理的必要性出发,分析了《水法》有关水资源统一管理的规定,并指出了有待完善之处。     

加强水土保持 防止生态恶化

本文论述了水土水流失对生态环境的影响和对农业生产的危害，阐明增强环境意识，加强水土保持时防止生态恶化，是我国振兴农业的重要性与紧迫性的任务。     

Nigerian Supreme Court and ownership of offshore oil

This article discusses the decision of the Supreme Court of Nigeria on the constitutional provision dealing with the sharing of revenues derived from natural resources located within the states of the Federation, the ‘derivation principle.’ Although the case relates to the interpretation of a constitutional provision, the arguments of the parties suggest that the real battle was — and still is — about the ownership and control of Nigeria's offshore oil. The article details the legal history and precedents as well as constitutional provisions relevant to the case. Disagreements arose over legal questions such as the seaward boundaries of littoral states (from which oil revenues are derived), and whether a distinction can be made between offshore and onshore oil revenues in applying a 13% constitutionally prescribed derivation principle. The article shows that, in its judgment, Nigeria's Supreme Court relied heavily on rules of international law, while failing to apply existing Nigerian laws and constitutional provision, and argues that the decision might have been different had the court investigated and invoked the legislative history of the provision in question, as required in Nigerian law. Furthermore, it is argued that the court was wrong to disregard the provision of the law which had abolished any distinction between onshore and offshore natural resources in the application of the derivation principle. The article concludes that the legal tug of war is set to continue for some years.     

从项目评价到战略评价

文章阐述了《环境影响评价法》立法的重大意义。     

流域保护区域协同立法的功能定位与规范进路

《长江保护法》《黄河保护法》为长江、黄河流域的区域协同立法提供了法律依据,在流域保护区域协同立法“入法”后,需要明晰其权力空间与运行规则,提升其科学化、规范化水平。流域保护区域协同立法在本质上仍属于地方立法,是功能主义进路下解决跨行政区域流域保护难题的一种选择,是流域整体性保护的立法回应。就其功能而言,具有落实国家立法确立的流域保护整体目标的实施性功能,以地方合作为中心,解决那些通过单独地方立法难以解决的跨行政区域地方性流域保护问题的协调性、自主性、创新性功能。在此基础上,应当通过明晰其立法层级,建立地方立法规划协同机制,改、废、释的协同机制,交叉备案与后评估机制,深化公众参与机制,完善流域保护区域协同立法的运行规则。     

流域立法视角下生态流量保障的制度供给--以长江流域为例

生态流量保障的重难点在于流域生态流量不足问题的妥善解决。生态流量不足基于产生的原因可分为“自然型”和“人为型”。“人为型”生态流量不足的根源在于《水法》第4条规定的三生用水关系未得到妥善处理,实质上是水资源分配和管理不合理所致。具体表现为水资源保护理念镶嵌在制度表层、生态流量缺乏核心制度保障、流域规划匮乏强效监督机制、流域水资源分配信息公开不足、末端行政考核制度偏重水质管控、生态用水制度顶层设计与地方实施间落差巨大等。流域立法作为立法体系的中间环节,对上位法具有填补协调功能,对地方立法具有引领指导作用。建议在流域立法过程中,通过制度设计解构流域生态流量保障现存的制度困境,主要包括以下几个方面:一是完成流域特有保护理念到实体制度的转型。二是基于流域生态修复、水资源生态红线管控制度的开展以及有效衔接规划环境影响评价制度的需要,建立生态流量管控指标制度体系不可或缺。三是基于流域规划对三生用水的初始分配性,将生态流量供给纳入流域规划体系中,从水资源分配初始阶段保障生态流量,同时强化流域水资源规划制度的监督机制,健全规划制定的程序性规范,明确科学考察和调查评价人员的构成规则、方式及模式。四是依法加深政府信息公开程度保障公众的知情权、参与权及监督权。五是完善行政考核制度体系强化对生态流量供给的考核。     

The effects of a mandatory motorcycle helmet law on helmet use and injury patterns among motorcyclist fatalities

BACKGROUND: The National Highway Traffic Safety Administration (NHTSA) has found that motorcycle helmets are 37% effective in preventing death and 65% effective in preventing brain injuries in a crash. Unfortunately, in 1995 Congress lifted federal sanctions against states without helmet laws and since then there have been a number of primary motorcycle helmet laws repealed or weakened. More lives could be saved and serious injuries avoided if there was increased helmet use throughout the United States. METHODS: This study analyzed helmet use and injury patterns among motorcycle riders in the United States involved in fatal crashes from 1995 through 2003 and compared the results between states with and without a primary helmet law. Age, sex, injury severity and helmet use are some of the variables obtained from the Fatality Analysis Reporting System (FARS). RESULTS: In the 20 states and the District of Columbia, which currently have a primary helmet law, 84.0% of fatally injured riders were wearing a helmet. In the 27 states with a secondary helmet law, 36.2% of fatalities used a helmet, and in the remaining three states with no law at all, helmet use dropped to 17.6%. In the two states (Arkansas and Texas) that changed from a primary helmet law to a secondary helmet law in 1997, helmet use decreased from 78.2% in 1996 to 31.7% in 2000. CONCLUSION: If all states were to enact a primary motorcycle helmet law, helmet use would dramatically increase while decreasing the number of motorcyclist head injuries and fatalities. IMPACT ON INDUSTRY: The results of this study will hopefully persuade law makers to enact primary helmet laws in all states throughout the nation. Helmet manufacturers can use this data to design more comfortable helmets while also improving upon the protective qualities of these safety devices.