论中国环境预警制度的法治化--以行政权力的规制为核心

环境预警制度蕴含了一项使行政权力合法扩张的"对应性架构",即预警级别与"强制型"或"限制型"措施之间的充分必要关系。在制度运行过程当中,环境行政权力却出现了"选择性失语"和"运动式肆意"的问题,具体表现为:一是预警级别发布时的"隐匿"与"从轻",从而对公民健康权益保护不足;二是预警状态下环境行政权力的扩张过度,使得对个人自由与企业经济自由侵害过度。由于环境治理领域"被害人-加害人"二元对立关系的模糊化、趋同化甚至同一化,传统公法学体系中的权力制约理论无法对预警状态下多样化和多层次性的行政权力进行有效地规制。那么,便有必要对现有的环境预警制度进行修正与纠偏。因此,可以从"对应性架构"的载体及其前后两端入手,对环境预警制度进行法治化建构。具体而言,对环境预警的载体"应急预案"进行形式改造,提高环境应急预案的规范层级,完善环境应急预案制定、修改等程序性规定;明确不同预警级别设定的规范层级,将作为被宪法所保护的客观利益——生态环境利益与经济利益的边界——通过"前端"预警标准予以划分;对预警状态下行政权力的"外部"制约程序予以完善。基于预警级别标准体系的划分,可以通过司法程序对"后端"环境应急预案进行"附带性审查",同时,赋予私主体直接针对预警状态下具有"外化"法效力的内部行政行为提起行政诉讼的诉权。     

The impact of ISO 14001 on corporate environmental performance: a study of Swedish manufacturing firms

The debate concerning the environmental effectiveness of environmental management systems (EMS) based on ISO 14001 is still open and scholars have called for further studies that can explain the contrasting evidence in previous research. As a response, this study aims to contribute knowledge about the effects of ISO 14001-based EMS by presenting fact-based environmental data. The study focuses on changes in performance over a period of 12 years and includes both firms with an EMS (66 firms) and firms without one (50 firms). Consideration is given to the improvement efforts in the firms before EMS adoption making it possible to neutralize any selection effects where better environmental performance precedes ISO 14001 adoption. Analysis has been carried out using statistical methods for six different environmental areas. No statistically significant differences between certified and non-certified firms concerning the change in the rate of improvement could be found in any of the six areas. However, it can be suspected that EMS adoption has positive effects on energy use and waste production whereas the non-adopting firms seem to perform better concerning air emissions. These mixed results mirrors previous research, which is rather worrying considering the worldwide popularity of EMS based on ISO 14001 in industry.     

Are national biodiversity strategies and action plans appropriate for building responsibilities for mainstreaming biodiversity across policy sectors? The case of Finland

The Convention on Biological Diversity's national biodiversity strategies and action plans (NBSAPs) are major mechanisms for mainstreaming biodiversity into national policies. This article examines whether and how the NBSAPs contribute to mainstreaming biodiversity across policy sectors in Finland in order to halt biodiversity loss. We have developed an innovative analytical framework where the concept of responsibility addresses how motivations for mainstreaming can be built, and the concept of social learning outcomes addresses the extent of institutional changes for biodiversity. The Finnish NBSAP processes have been able to build diverse forms of responsibility (liability, accountability, responsiveness and care) in different policy sectors by providing new knowledge, careful process design and developing institutional linkages. Despite pro-biodiversity outcomes in the targeted policy sectors, the responsibilities do not diffuse from the environmental administration to other policy sectors to a sufficient extent. Closing this ‘responsibility gap’ is a key challenge for building effective environmental policies.     

Ecosystem services assessments in local municipal decision making in South Africa: justification for the use of a business-based approach

The ecosystem services (ES) concept is being increasingly incorporated into environmental policy formulation and management approaches. The Corporate Ecosystem Services Review (ESR) is a framework used to assess the dependence and impact that a business has on ES. The success of the corporate experience of ES assessment provides an opportunity for adaption for local authority decision making. In this paper, the ESR tool was adapted to the South African setting at a local government level, and tested at two sites in the Msunduzi Municipality, KwaZulu-Natal. In testing the tool and gathering feedback from key stakeholders, it was found that there are both opportunities and challenges to this approach. Overall, however, it provides an opportunity for the systematic inclusion of ES assessment into existing regulatory frameworks for land-use planning and Integrated Environmental Management, whether in a strategic application, at a broader spatial (municipal) scale or in a specific locale within the municipality.     

Environmental health in the complex city: a co-evolutionary approach

While public health and urban planning were closely linked in the past, today both domains are institutionally separate. In most cases, health intersects with spatial planning processes only through obligatory evaluations, such as environmental impact assessments, or restrictive environmental legislation. This institutionalisation of health criteria in most western countries has difficulty in dealing with recent environmental health challenges, leading to continual distrust and conflict between citizens and the government. This impasse has recently been discussed by academics who acknowledge the complexity of both city and health issues. It seems, however, that the full extent of the issue has not been covered yet, leading to recommendations and frameworks that are useful but fixed and retrospective. This paper moves beyond those fixed frameworks to develop a better understanding of the complexity of the current disconnect and explores ideas for a future planning approach, grounded on new ideas of co-evolutionary and adaptive planning.     

Analysis of uncertainty consideration in environmental assessment: an empirical study of Canadian EA practice

Identifying and communicating uncertainty is core to effective environmental assessment (EA). This study evaluates the extent to which uncertainties are considered and addressed in Canadian EA practice. We reviewed the environmental protection plans, follow-up programs, and panel reports (where applicable) of 12 EAs between 1995 and 2012. The types of uncertainties and levels of disclosure varied greatly. When uncertainties were acknowledged, practitioners adopted five different approaches to address them. However, uncertainties were never discussed or addressed in depth. We found a lack of suitable terminology and consistency in how uncertainties are disclosed, reflecting the need for explicit guidance, and we present recommendations for improvement. Canadian Environmental Impact Statements are not as transparent with respect to uncertainties as they should be, and uncertainties in EA need to be better considered and communicated.     

环境试验数据管理系统的应用

介绍了环境试验数据管理系统的功能及组成,阐述了系统建设的目的和达成的目标,并对其在企业内部的应用效果进行了分析。     

Environmental Justice 2.0: new Latino environmentalism in Los Angeles

This paper presents the results of ethnographic research conducted with several environmental justice (EJ) organisations in Latino communities of Los Angeles, California. Traditional EJ politics revolves around research and advocacy to reduce discriminatory environmental exposures, risks, and impacts. However, I argue that in recent years there has been a qualitative change in EJ politics, characterised by four main elements: (1) a move away from the reaction to urban environmental “bads” (e.g. polluting industries) in the city towards a focus on the production of nature in the city; (2) strategies that are less dependent on the legal, bureaucratic, and technical “regulatory route”; (3) the formation of a distinctive “Latino environmental ethic” that offers a more complex consideration of the place of race in EJ organising; and (4) a spatial organisation of EJ politics that moves away from hyperlocal, vertical organisation towards diversified city-wide networks that include EJ organisations, mainstream environmental groups, nonprofits, foundations, and entrepreneurs. This shift in EJ movement politics is shaped by broader political-economic changes, including the shift from post-Fordist to neoliberal and now green economy models of urban development; the influence of neoliberal multiculturalism in urban politics; and the increasingly prominent role of Latinos in city, state, and national politics. New spaces of Latino EJ also reflect the ambitions of Los Angeles as a global city, with urban growth increasingly framed in an international discourse of sustainability that combines quality of life, environmental, and economic development rationales.     

Quality Control for Environmental Policy Appraisal Tools: An Empirical Investigation of Relations Between Quality,Quality Control and Effectiveness

The spectre of regulatory reform carried out in a range of Western countries has generated concern amongst parts of the environmental policy community. Quality and effectiveness are said to be at stake, but empirically there is a dearth of data on the relationship between provisions for quality control and the effects on quality and effectiveness. This research addresses this lacuna by analysing the effects of different quality control provisions in the Netherlands and Denmark for a globally institutionalized environmental appraisal tool—Environmental Assessment (EA). Extensive technical provisions for quality control in the Netherlands have led to it being described as the ‘Rolls Royce’ of EA systems, while in Denmark the polity is expected to take charge of quality control. The effects of quality control are investigated through surveys and in-depth interviews with actors centrally engaged with EA implementation. The results show that quality control provisions are poorly related to the perceived quality and effectiveness of EA. Only the appropriateness of the scope of EA reports is perceived to be strongly related to quality control provisions. The findings are relevant for environmental policy communities concerned with quality control systems and effectiveness of policy appraisal tools and policy-makers contemplating regulatory reforms.     

A radical public administration? Green radicalism and policy influence among local environmental officials in Sweden

Green radicalism among local environmental officials in Sweden is examined with the aims of theoretically elaborating on different dimensions of Green radicalism in the context of public administration, exploring the dimensionality of Green radicalism among officials, and examining the extent to which Green radicalism is associated with policy influence. Three types of Green radicalism are identified: Green ethics, Green institutional change, and Green activism. Survey data (N = 701) show that the three theoretical dimensions are present among officials, and that there is no negative association between radicalism and influence. It is primarily officials with Green activism beliefs who perceive themselves as able to influence policy. These findings suggest a need for more nuanced understanding of and further studies into the role of public administration in the quest for more radical Green reforms.