贫困地区生态综合补偿转移支付法制研究

生态综合补偿的提出表明国家对生态补偿关注的重点从资金的来源转向资金使用的效果，其中转移支付法制是影响生态综合补偿效果的主要变量。从中央和地方两个层面的立法来看，贫困地区生态补偿转移支付立法从维护公平正义提供倾斜性补偿资金，转向促进“绿色发展”“绿色减贫”的生态补偿整体性效益建设。然而，整体上，相关法制建设尚显不足，如贫困地区利益未充分表达、补偿资金使用自主权未能充分发挥、整体性监督考核机制不健全等。原因在于，扶贫政治思维淡化了贫困地区生态综合补偿法律制度的属性，覆盖面难以普及；不同利益诉求造就了贫困地区生态综合补偿转移支付制度约束；行政放权的非制度化影响贫困地区生态补偿转移支付整体性效益。应以实现可持续的自我发展权新理念加强贫困地区生态综合补偿转移支付的法律制度化建设，明晰贫困地区生态综合补偿中转移支付的重要地位，夯实基础性财权，同时构建适应生态综合补偿的整体性考核机制。     

略论长江开发的战略思想

当前长江开发所面临的最大问题是自然资源利用不合理所造成的资源严重浪费和生态环境恶化,其直接威胁到长江流域社会经济的可持续发展。长江流域既是我国自然资源的富集区,又是国民经济的核心主干区,其开发的成功与否直接关系到中国经济现代化的前途。因此,在经济体制与经济增长方式双重转型的过程中,长江的开发如何实现自然资源的利用与保护的相互协调,成为了我们的迫切需要解决的问题。     

我国女职工劳动保护立法问题研究

在多年从事妇女劳动问题研究的基础上 ,对我国企业执行女职工劳动保护法律、法规和政策的状况 ,从不同的角度进行描述和评价。分析各类所有制企业在女职工劳动保护方面存在的突出问题 ,并探讨修正现行女职工劳动保护立法的可能性 ,特别是对国务院的行政法规———《女职工劳动保护规定》提出比较具体的修订建议。这些建议包括对妇女进入劳动或工作过程之前的平等就业机会的保护 ,但主要侧重妇女就业之后 ,在工作场所中的劳动保护问题     

Sharing waters: Post-Rio international water management

Transcending human-defined political and administrative boundaries, the world's transboundary freshwater resources pose particularly challenging management problems. Water resource users at all scales frequently find themselves in direct competition for this economic and life-sustaining resource, in turn creating tensions, and indeed conflict, over water supply, allocation, and quality. At the international scale, where the potential for conflict is of particular concern, significant efforts are underway to promote greater cooperation in the world's international river basins, with notable achievements in the past decade following the Dublin and Rio conferences. Over the past ten years, the international community has adopted conventions, declarations, and legal statements concerning the management of international waters, while basin communities have established numerous new basin institutions. Despite these developments, significant vulnerabilities remain. Many international basins still lack any type of joint management structure, and certain fundamental management components are noticeably absent from those that do. An understanding of these weaknesses, however, offers an opportunity for both the international and basin communities to better respond to the specific institution-building needs of basin communities and thereby foster broader cooperation over the world's international water resources.     

环境法制建设中的科学精神与人文关怀

我国的环境法制建设现状不容乐观。搞好环境法制建设必须提高广大公众特别是环境法制工作者的科学精神,加强环境法制的人文关怀。贯穿科学精神和充满人文关怀的环境法才能成为保护环境资源的有效规范力量。     

我国土地政策亟待规范

本文通过对我国土地现状、土地政策的特点以及土地政策与法律的区别来阐述土地政策亟需规范的必要性，并提出了相应的对策、措施，以期有助于缓解我国目前土地政策因缺乏规范、监控而造成大量土地被非法征用、开发、转让的局面。     

Washing away poverty: Water, democracy and gendered poverty eradication in South Africa

This article discusses ways in which the South African Government and grassroots organizations envisage and implement democracy achieved since 1994 in the field of water resources management. The focus is on the democratic, political and economic freedom and equality in resource rights for poor black women, who are central to poverty eradication. While the new water policy and law provide an enabling framework for achieving these goals, implementation on the ground encounters both new opportunities and constraints. This is illustrated by several cases of establishing South Africa's new water management institutions: catchment management agencies and water user associations. The important nexus between state‐led democratization of water resources management and bottom‐up grassroots movements is also discussed. The article concludes that the Government's affirmative and targeted intervention is indispensable for redressing gender inequalities and eradicating poverty.     

WATER EXCHANGES: TOOLS TO BEAT EL NIÑO CLIMATE VARIABILITY IN IRRIGATED AGRICULTURE1

ABSTRACT: Using a case study of the Yakima River Valley in Washington State, this paper shows that relatively simple tools can be used to forecast the impact of the El Niño phenomenon on water supplies to irrigated agriculture, that this information could be used to estimate the significantly shifted probability distribution of water shortages in irrigated agriculture during El Niño episodes, and that these shifted probabilities can be used to estimate the value of exchanges of water between crops to relieve some of the adverse consequences of such shortages under western water law. Further, recently devised water‐trading tools, while not completely free under western water law to respond to forecasted El Niño episodes (ocean circulation patterns), are currently being employed during declared drought to reduce the devastating effects of water shortages in junior water districts on high valued perennial crops. Additional institutional flexibility is needed to take full advantage of climate forecasting, but even current tools clearly could prove useful in controlling the effects of climate variability in irrigated agriculture. Analysis shows the significant benefit of temporarily transferring or renting water rights from low‐value to high‐value crops, based on El Niño forecasts.     

STREAMFLOW CHARACTERISTICS OF SMALL WATERSHEDS IN THE BLUE MOUNTAINS OF OREGON1

ABSTRACT: Streamflow data for water years 1978–84 were evaluated to identify streamflow characteristics for 13 small watersheds (0.46–7.00 mi²) in the Blue Mountains of eastern Oregon and to determine differences among grazing intensities and vegetation types. The ranges for mean annual water yields, peak flows, and 7-day low flows for the 13 watersheds were 5.5–28.1 inches, 2.0–34.7 cfsm, and 0.006–0.165 cfsm, respectively. Two classes of vegetation were evaluated: (1) western larch-Douglas-fir (nine watersheds) and (2) other (four watersheds representing fir-spruce, lodgepole pine, ponderosa pine, and mountain meadow). The means for annual peak flows and the slopes of the flow.duration curve were significantly different (p=0.05) for the two vegetation classes; differences in mean annual water yield were marginallysignificant(0.05< p <0.10). After they were adjusted for precipitation, the means for annual water yield, peak flows, and slopes of the flow-duration curve were significantly different for the two vegetation classes; differences in the means for annual 7-day low flows were marginally significant. The western larch-Douglas-fir group had somewhat lower water yields but, overall, tended to have more favorable streamfiow characteristics including lower peak flows, higher low flows, and more evenly distributed flow regimes (flatter flow-duration curves) than the “other” class. Four levels of grazing intensity had no effect on streamilow characteristics.     

INTERSTATE WATER ALLOCATION COMPACTS IN THE WESTERN UNITED STATES - SOME SUGGESTIONS1

ABSTRACT: Agreements between states, or compacts, provide a mechanism for resolving transboundary resource issues. The twenty-two compacts allocating the water of rivers among states in the western United States are examined to provide guidance for drafters of future compacts. The method of allocation selected for a compact reflects the state's allocation of the risk of dry years. Allocations based on models have been unsuccessful. Percentage allocations are good for fairly apportioning risk, but conflict with principles of prior appropriation. Guarantees of minimum flows should be used with great care, to avoid any state becoming a guarantor of natural phenomena over which it has no control. Disputes should be anticipated, and a dispute resolution mechanism agreed upon. Arbitration or litigation are likely to prove the most politically acceptable. Compacts should be comprehensive in scope, encompassing groundwater as well as surface use. Federal claims should also be addressed, and some form of protection from subsequent changes of federal policy should be incorporated in the agreement and its ratifying legislation.