工程监理的安全责任研究

为了研究工程监理单位是否应该承担安全监理的责任问题,从工程监理制度与安全施工的关系,从法律、行政法规、技术规范等多方面对工程监理的安全责任进行了全面的分析和详细的研究,最后从法理和现实入手,对工程监理单位的安全责任进行了总结和归纳,对一些条文规定进行了深入的解析。研究结果表明,目前的《建设工程安全生产管理条例》和某些地方政府和行业主管部门对工程监理单位的安全监理责任有扩大化的倾向,应予以制止。     

Present status of the recycling of waste electrical and electronic equipment in Korea

In Korea due to rapid economical growth followed by urbanisation, breakage of large traditional families into small nuclear families, continuous changes in equipment features and capabilities causes tremendous increase in sale of new electrical and electronic equipment (EEE) and decrease in sale of used EEE. Subsequently, the ever-increasing quantity of waste electrical and electronic equipment (WEEE) has become a serious social problem and threat to the environment. Therefore, the gradual increase in the generation of WEEE intensifies the interest for recycling to conserve the resources and protect the environment. In view of the above, a review has been made related to the present status of the recycling of waste electrical and electronic equipment in Korea. This paper describes the present status of generation and recycling of waste electrical and electronic equipment, namely TVs, refrigerators, washing machines, air conditioners, personal computers and mobile phones in Korea. The commercial processes and the status of developing new technologies for the recycling of metallic values from waste printed circuit boards (PCBs) is also described briefly. Since 1998, three recycling centers are in full operation to recycle WEEE such as refrigerators, washing machines and air conditioners, having the total capacity of 880,000 units/year. All waste TVs are recently recycled on commission basis by several private recycling plants. The recycling of waste personal computers and mobile phones is insignificant in comparison with the amount of estimated obsolete those. Korea has adopted and enforced the extended producer responsibility (EPR) system. Korea is making consistent efforts to improve the recycling rate to the standards indicated in the EU directives for WEEE. Especially environmentally friendly and energy-saving technologies are being developed to recycle metal values from PCBs of WEEE.     

循环经济促进法律责任研究

循环经济促进法律责任是主体共同而有区别的责任,主要体现为清洁生产、能源节约、生态设计、可持续的消费和环境友好的废物管理等方面的义务要求.环境外部性理论和环境法基本原则为循环经济促进法律责任设计提供了理论依据.国家的循环经济促进法律责任的主要内容是制定并监督实施符合循环经济要求的基本法律、政策、标准和要求等.企业的循环经济促进法律责任主要是采用无毒、易降解、资源和能源消耗少、耐用、便于回收和再生利用的环境友好产品设计和生产技术等.消费者的循环经济法律赍任是:通过支付价格为产品的环境影响承担经济责任.同时对责任配置的规则、延伸生产者责任的合理性与限度进行了探讨,主张我国循环经济促进法律责任设计应重视成本收益分析、考虑具体国情,实行强制与经济激励并重.     

Science–policy interface for addressing environmental problems in arid Spain

Science–policy interfaces are avenues for finding solutions for environmental challenges through strengthening collaborations between research disciplines and public administrations. Here we present a methodology for the conduct of science–policy interfaces between scientists and policymakers for addressing day-to-day environmental problems in the southeastern Spanish drylands. A knowledge brokering approach based on six consecutive workshops was used to facilitate mutual understanding and trust between scientists and policymakers. Water policy and biodiversity loss were identified as major environmental concerns in the region, and 12 final environmental problems were agreed as priorities. A graphical tool was used for diagnosing each environmental problem according to the available scientific knowledge, the current regulatory capacity of administrations, and the level of public engagement necessary for addressing the problem. The use of the graphical tool also allowed for (a) the clarification of roles involved in problem solving, and (b) the promotion of a culture of shared responsibility for the implementation of management actions based on collaborative work. We discuss lessons learned and propose recommendations for future experiences.     

Scientific Establishment of Governmental Responsibility in Environmental Legislation

Scientific establishment of governmental responsibility is essential in environmental legislation, and the guideline of which is essential to improve the public trust on the government through development of the primary governmental environmental obligation, namely the governmental environmental responsibility, as well as strengthening of the secondary governmental environmental obligation, i.e. the governmental legislation responsibility, so as to empower the governmental enforcement efficiency and the principle of establishing the governmental environmental responsibility in accordance with the public environmental demand and within the scope of the governmental scope of administration. The establishment of the governmental environmental responsibility for various levels of governments should be divided on the basis of different structures of governmental capacity, whereas the establishment of the governmental environmental responsibility for various levels of authorities should be emphasized to concentration of authorities responsible for environmental administration and expansion of authorities not responsible for environmental administration.     

Managers as drivers of CSR in state-owned enterprises

Corporate social responsibility (CSR) is increasingly required not only of private sector companies, but also of state-owned enterprises (SOEs), whose main function is to provide services to society and not principally to obtain financial reward. The important role played by managers in implementing CSR has been demonstrated by prior research. The objective of this paper is to examine how managers of SOEs perceive the concept of CSR, the reasons for their involvement and how it is integrated into everyday business practices. In addition, we examine whether managers' attitudes towards CSR policies are influenced by their personal profiles and by the sector in which the SOEs work. We find that, although these managers are aware of the importance of the CSR principles underlying their activities and understand the meaning, scope and dimensions of CSR, there remains an evident need to enhance the application of CSR policies among the strategies of SOEs. The manager profile and the sector in which the SOEs work both have a strong influence on their behaviour regarding CSR issues.     

The long and winding road to resource efficiency – An interdisciplinary perspective on extended producer responsibility

Extended producer responsibility is advocated for its capacity to spur resource efficiency through green innovation and closing loops downstream of consumption. Its rationale is the extension of the polluter-pays principle to the post-consumption phase. This paper analyze the underlying mechanisms that are supposed to work under the EPR approach, and proposes an alternative view. The main purpose of EPR is seen as the creation of the bases for legitimizing the involvement if industry taking over the task of diverting waste from landfill. Its success rests on the superior managerial capacity of industry and the need to organize post-consumption markets that transcend the local scale and have access to the economies of scale and scope. The emphasis on producers does not add anything special, but may reinforce the bases for legitimizing the implicit delegation of power to industry. Primary and above all, we have witnessed in the last 20 years a gigantic effort of market design, and this is the main demonstration of EPR's success.     

Two decades,three WEEE systems: How far did EPR evolve in Korea's resource circulation policy?

Extended producer responsibility (EPR) has become a dominant policy paradigm for the management of waste electrical and electronic equipment (WEEE) in the last two decades. In South Korea the principle has guided the evolution of the resource circulation policy even before its official introduction through a revision of the recycling law in 2002. Elements of producer responsibilities could be found in the producer-based deposit refund system (DRS) a decade earlier and they were strengthened through the enactment of a new resource circulation law in 2008. This article reviews the policy changes in South Korea for the management of WEEE during the past 20 years. The focus of the analysis is on the impacts of EPR and the producers’ responses that were expressed through the quantity and the quality of material flows in the society. The findings are discussed in light of international experiences in order to outline measures to improve the effectiveness of the EPR-based resource circulation policy that could have broader implications beyond the case study.     

Sustainable Development and the Role of the Financial World

The incapacity to finance sustainable development through philanthropic official assistance turned the Johannesburg Summit to business world and the financial industry. Pioneering financial institutions – including development banks and private banks – have developed a wide range of innovations that can support sustainable development. This article highlights a few innovative products and markets and focuses on the progress made by financial players on the level of standards, metrics and guidelines to improve sustainability management systems, reporting and accounting practices and the multi-stakeholder dynamic. The role of the socially responsible investing (SRI) community has been underexposed by the Summit. Through its voice and market success, SRI has moved from a green market niche to the mainstream, however not becoming mainstream. The invaluable levering effect of SRI has just been discovered by authorities and market regulators and is becoming instrumental. In order to show the business case of Corporate Social Responsibility and to prove the financial viability of the People, Planet, Prosperity investing approach, the SRI community should critically reflect on its own quality assurance systems, sound disclosure and verification practices.     

Bridge building within the province of proactivity

The research questions posed in this study highlight the importance of valuing proactivity in both prompting an individual to engage in proactive behavior and encouraging the expression of that behavior. We integrate a variety of constructs from the proactivity literature to gain a deeper understanding of proactive behavior as it relates to proactive motivation and supervisory performance evaluations. First, we draw upon self‐determination theory, expectancy–value theory, and the recent integration of the proactive motivation literature to hypothesize that proactive behavior is predicted by the interaction of “can do” and “reason to” proactive motivational states. Second, on the basis of performance theory, we hypothesize that the relationship between proactive behavior and performance depends upon the extent to which the supervisor values proactivity. Specifically, we argue that supervisors with proactive personalities are more likely to value and reward subordinate proactive behavior than passive supervisors. Results provide support for both of our hypotheses. Interestingly, results show that proactive behavior did not result in negative consequences but rather that there was a cost (i.e., lower performance rating) for not taking charge for employees with proactive supervisors. Copyright © 2012 John Wiley & Sons, Ltd.