环境污染纠纷行政处理制度存在的问题及完善

目前，环境污染纠纷行政处理制度存在受理范围概念不清，与污染事故混淆,责任认定性质不明确等问题，应当扩大受理范围、分清污染事故与纠纷的性质，确认赔偿责任认定的法律效力，以进一步完善环境污染纠纷行政处理制度。     

Surprising cooperation despite apparently irreconcilable differences: Agricultural water use efficiency and CALFED

Much has been said about the need and benefits of consensus building for resolving disagreements about water and environmental management. Less has been said about how to better convene and facilitate those processes. This paper focuses on the latter, examining the challenges and breakthroughs encountered when decision-makers convene consensus building processes that seek an agreement among stakeholders who believe they have “apparently irreconcilable differences.” The research described here analyzes two multi-stakeholder, collaborative processes convened by the CALFED Bay-Delta Program (CALFED) on the issue of agricultural water use efficiency in the Sacramento and San Joaquin river watersheds of California. The first process made very little progress; however, stakeholder representatives in the second were able to forge an agreement that included significant innovation and surprising risk taking by all sides. Analyzing the two processes, this paper shows that the stakeholders, conveners, and facilitators in these processes had to do much more than make the discrete trades across interests envisioned in consensus building theory or reframing as described in theories about conflict and frames. Looking at the data, this paper shows how several concepts from outside consensus building—including boundary objects and interlanguage—along with less well-known concepts and issues within the consensus building literature—bricolage and representation—can provide insights into how the Steering Committee accomplished what it did. This paper introduces these additional concepts, how they mattered in this CALFED process, and suggests a complex set of interrelated insights into how future collaborative and integrative environmental programs can approach the most difficult environmental policy and management conflicts.     

大断层采动“活化”导水特性研究

煤层回采引起的断层“活化”导水是矿井突水的一种重要形式,具有很高的危险性和隐敝性。依托具体的工程背景,建立简化的力学模型和数值模型,根据弹塑性力学和裂隙介质水动力学理论分析不同推进距离时断层面上的主应力和法向应力变化情况,并通过模拟计算得出回采过程中应力变化与塑性破坏特征。研究结果表明,新集矿区F10大型断层在煤层推进至距断层20 m位置时开始有“活化”趋势,断层带岩体位移值陡增到005 m,距10 m时断层面主应力急剧增大,峰值应力向浅部转移,断层带发生明显位移,孔裂隙扩张。为保证生产安全,需预设30 m防水煤柱,避免煤岩体突水通道沟通主干断层及承压含水层,该研究成果可为矿井生产提供一定的参考价值。     

The role of rainfed agriculture in securing food production in the Nile Basin

A better use of land and water resources will be necessary to meet the increasing demand for food in the Nile basin. Using a hydro-economic model along the storyline of three future political cooperation scenarios, we show that the future of food production in the Basin lies not in the expansion of intensively irrigated areas and the disputed reallocation of water, but in utilizing the vast forgotten potential of rainfed agriculture in the upstream interior, with supplemental irrigation where needed. Our results indicate that rainfed agriculture can cover more than 75% of the needed increase in food production by the year 2025. Many of the most suitable regions for rainfed agriculture in the Nile basin, however, have been destabilized by recent war and civil unrest. Stabilizing those regions and strengthening intra-basin cooperation via food trade seem to be better strategies than unilateral expansion of upstream irrigation, as the latter will reduce hydropower generation and relocate, rather than increase, food production.     

Emission Patterns under Alternative Congestion and Motor Vehicle Pollution Mitigation Policies in Shanghai

Abstract

Minqin Oasis is located in the lower reaches of the Shiyanghe River Basin, northeast of the Heixi Corridor, at the middle of the Silk Road. Because of the its existence, Badain Jaran Desert and Tengger Desert cannot converge and develop in the south. It has always been an important green barrier to guarantee the eco-security of Hexi Corridor and the Silk Road for thousands of years. But in recent decades, Minqin Oasis is becoming smaller and the desert is becoming larger. Many people, especially the governmental officials in the lower reaches think that the upper and middle reaches have robbed the lower reaches of water resources, and caused insufficient water usage and the deteriorated eco-environment, in the lower reaches, However, the governmental officials in the upper and middle reaches claim that the whole river basin should take the upper and middle reaches as the key regions to develop economy. To address the above argument, we analyze the reasons why Minqin Oasis is disappearing, and find that there are two main factors. One is the quick development of population and economy in the upper and middle reaches; the other is the rapid development of population and economy in the lower reaches. The two factors both have great effect on the water utilization for eco-environment in the lower reaches. So Minqin Oasis is disappearing not only because of the upper and middle reaches but also because of the growth of population and economy itself. The lower reaches should not completely blame the upper and middle reaches. The upper and middle reaches should also pay more attention to the eco-environment in the lower reaches. The whole river basin should develop a harmonious and sustainable relationship among the upper, middle and lower reaches.     

非诉讼环境纠纷解决机制之重构

在环境纠纷的非诉讼解决方面,我国虽然已有运用各种非诉讼纠纷解决方式来处理环境纠纷的实践,但在立法方面以及运作方式上仍然不完善,通过对该机制的各种程序进行分析和阐述,提出我国在环境纠纷解决中运用非诉讼解决机制进行重构.     

Building consensus on divisive issues: a case study of the Yukon wolf management team

This article presents a case study of a successful effort to reach agreement on one of the most intractable environmental issues of our time: wolf management. This case is unusual in several ways. In this case, the members of the negotiating team were ordinary citizens rather than leaders of organized groups. This team was given an unusually high level of authority to write the plan as they saw fit; the agency pledged to implement “whatever they came up with.” The agency convened the process, but agency personnel were not members of the team and attended only when they were invited. The team members were able to reach agreement on this tough issue even though polar opposites were at the table—one who felt that wolves are a “spiritual essence” and another who felt that, as he put it, “wolves, coyotes, and cockroaches have a lot in common”. They produced a detailed plan that addressed all the issues in just 5 months. Another unusual aspect of this effort is that the final agreement does not list the team members. They explained that they wanted their plan to “stand alone” and be judged based on what it said, not on who was involved.However, just after their agreement was completed, a new, pro-wolf control government was elected that refused to endorse the plan. While the government gave various reasons for not ratifying the plan, more and more diverse interest groups came out in support for both the plan and the process that created it. Eventually, overwhelming public support forced the government to sign and implement the plan as written. This demonstrates that, while it is important for a team to seek the sanction of decision-makers, it is perhaps even more important for the general public to see the effort and the final agreement as fair. Strong support from a broad spectrum of the public can help win the necessary political support.In addition to discussing the unorthodox aspects of this consensus-building effort, this article also attempts to give the reader a front row seat to this process by using the informants' own words—words rich in detail, brimming with color and spoken straight from the heart. Certainly their experience dispels any notion that such efforts are simply a matter of following a recipe. During the process, members of the negotiating team experienced the entire gamut of emotions—anger, defeat, humor and, finally, a genuine sense of pride. As team member Patty Denison put it, “We showed that a random group of people could work together and do something truly monumental.”     

和谐社会背景下我国环境纠纷行政调解制度的重构

行政调解虽然在解决环境民事纠纷方面具有一定的优势,但其也存在一些不足,因此有必要对其进行重构以适应我国环境纠纷解决的需要。重构我国的环境纠纷行政调解制度包括进行专门的立k法和设立专门的环境纠纷行政调解的专门机构,赋予环境纠纷行政调解协议以强制执行的法律效力和建立行政调解与诉讼沟通和协调机制及完善相应的配套制度等。     

中国跨界水污染冲突环境政策分析

跨界水污染纠纷已经严重影响到区域间环境和社会稳定.在我国传统条块结合的环境管理体制下,由跨界水污染引发的利益冲突和纠纷持续不断.尽管我国跨区域水污染纠纷协调机制尚未建立,但在许多地区已经进行了有益的探索和实践,发现了一些不足之处.应用多准则决策分析法可以评估和比较跨界水环境管理条约,识别最可取的条约,同时可以对现有的条约提供进一步完善的建议.本文应用多准则决策分析之一的消元法,通过三个主要指标共11条标准,对我国跨国界、省界、市界和跨流域4个不同层次的单边和多边跨界环境管理条约进行评估和比较.结果显示,我国跨界水环境条约存在的问题主要有:我国各层级跨界水环境管理政策在法律上缺乏有效的程序性立法;执行上缺乏相应的法律保障和配套机制,执行不力;争端解决机制缺乏有效的管理机构、依法处理程序和磋商解决机制.通过对现存条约的分析比较和提供建议,为构建我国跨区域水污染纠纷协调机制提供技术和政策支持.     

新《水污染防治法》第二十八条之法律适用解析

由于水资源的流动性,水污染事故常常影响到上下游不同的行政区的生态环境,跨行政区域水污染纠纷几乎成了中国水污染治理的一项制度痼疾。2008年新修订的《中华人民共和国水污染防治法》第二十八条对跨行政区域水污染纠纷的解决做了原则性的规定,所以根据该条的规定对跨行政区域水污染纠纷的范围、解决方式的效力以及救济方式进行研究,有利于更好的解决跨行政区域水污染纠纷。