不同规模民用机场项目主要环境影响对比分析

按照在民航运输系统中所起的作用划分,我国民用机场可分为枢纽机场、干线机场和支线机场。由于建设规模、航空业务量不同,各类机场环境影响的范围、程度和特点也不尽相同。通过对国内机场建设项目环境影响的案例和相关研究成果进行总结,从声环境、环境空气、生态、水环境、固体废物等方面对比分析了不同规模机场的环境影响的特点,为机场选址、设计、规划等提供参考。     

论环境民事纠纷的可仲裁性

环境民事纠纷需要多元化的解决途径,可以考虑把仲裁作为解决环境民事纠纷的途径之一。可仲裁性标准是衡量各种纠纷是否可以提交仲裁的条件。依据可仲裁性标准对各种类型的环境民事纠纷进行分析,可以确定一部分环境民事纠纷具有可仲裁性。     

Conflicts and security in integrated water resources management

Water sector reforms based on the concept of Integrated Water Resources Management (IWRM) are criticized for not considering context, local realities or legitimacy during the implementation of water sector reforms. Universal remedies of IWRM can thus lead to resistance, conflicts and ultimately failures of interventions. This paper examines how conflicts and disharmony can be addressed by IWRM's instruments. It conceptualizes institutional security as a highly relevant issue to be addressed during water management interventions. Further, the paper advocates a reform of the holistic concept of IWRM to incorporate ‘peace and security’ as a new pillar of water management based on a broad understanding of societal goals that are embedded in the principles of good governance and sustainable development. It also reviews recent criticism of and debates in IWRM and explains the advantages of expanding the normative idea behind it.     

MONTANA'S EXPERIENCE IN RESERVING YELLOWSTONE RIVER WATER FOR INSTREAM BENEFICIAL USES - LEGAL FRAMEWORK1

ABSTRACT: The Yellowstone River historically has produced an ample supply of high quality water which is widely used for irrigation, municipal and industrial purposes, recreation, and fish and wildlife. Recently, energy companies have attempted to obtain water rights in the Yellowstone basin for energy conversion facilities in coal-rich southeastern Montana. Existing users fear that energy diversions will impair their rights, preclude expansion of present beneficial users, degrade water quality, and adversely effect fish and aquatic life. In response to these concerns, the Montana Legislature enacted several laws to regulate water appropriations in the Yellowstone River basin, including means by which state and federal agencies could apply for reservations of water for future beneficial uses. Thereafter, both the Montana Fish and Game Commission and the State Water Quality Bureau formally requested relatively large instream flows to protect fish and wildlife and to maintain water quality. This paper describes Montana's experience through December of 1977 with the administration of water in the Yellowstone basin under these laws; emphasis is placed on the major requests for instream flows. The final resolution of the reservation applications, and the related ramifications, will be discussed in a future paper.     

Women, Health and Humanitarian Aid in Conflict

The burden of political conflict on civilian populations has increased significantly over the last few decades. Increasingly, the provision of resources and services to these populations is coming under scrutiny; we highlight here the limited attention to gender in their provision. Women and men have different exposures to situations that affect health and access to health-care and have differential power to influence decisions regarding the provision of health services. We argue that the role of women in planning is central to the provision of effective, efficient and sensitive health-care to conflict-affected populations.     

JUDICIAL RESOLUTION OF TRANSBOUNDARY WATER CONFLICTS 1

ABSTRACT: Transboundary water conflicts occur under four circumstances. Because water is mobile, more than one political unit or owner has power to use water as it sequentially moves through the hydrologic cycle. Even when water doesn't move, jurisdictional conflicts occur because multiple political units regulate water simultaneously. When a river is a boundar uncertainty of ownership or jurisdiction occurs as the river shifts its course through natural processes. Lastly, limitations on who may use water may be imposed by export bans or more indirect measures like taxation. Legal solutions to transboundary conflicts are limited to litigation, legislation, and negotiated agreements. This paper examines the judicial solution.     

Monitoring Sustainable Forest Management in Different Jurisdictions

The concept of sustainable forest management (SFM) requires forest resource managers to monitor and collect information pertaining to their environmental, economic and social impact. There are increasing expectations from a variety of publics (government, customers, and other stakeholders) that forests be demonstrably well-managed, creating incentives for forest managers to design credible systems for assessing their management performance. It is against this background that local, national and international approaches to regulating forest practices have been evolving. This article reviews the different dimensions of governance as they relate to monitoring and information reporting in the forest sector. Specifically, it discusses the changing role of sovereignty, the effects of globalization and the emergence of civil society stakeholders in forestry-related decision-making. Concepts such as sovereignty and globalization have important implications for monitoring forest practices and for defining SFM. Whether SFM standard creation and enforcement involves a sovereign, shared-sovereignty or civil society approach will affect the level and nature of SFM monitoring. As a result, we need to better consider the concept of monitoring appropriate to the scale and intensity of operations, how monitoring and information reporting standards differ between jurisdictions, and what this means for independently verifying SFM at an inter-jurisdictional level.     

浅析政府对环境民事诉讼不适当干预

随着我国经济发展，环境污染纠纷在不断增加。由于环境行政法律规范的缺陷和环境行政执法的不力，很多纠纷未能得到及时有效的解决，于是污染受害者不得不求助于环境民事诉讼程序。然而，政府部门对这些诉讼活动的不适当干预引起了一系列严重后果：降低了法律、政府和司法部门的权威性，加剧了环境质量的恶化，严重威胁了公众的生命健康和财产安全，不利于我国法制建设和可持续发展战略目标的实现。文章着重探讨了种种危害后果，并在此基础上分析了政府干预的动机和法院软弱的成因，最后提出了初步的建议。     

陆海统筹视域下海洋与陆地环境民事公益诉讼协同研究

海洋环境民事公益诉讼与环境民事公益诉讼系特殊与一般的关系,海洋环境问题较强的涉外属性决定了海洋环境民事公益诉讼在适格主体、管辖法院等方面存在特殊的规定,此种特殊规定不宜废除。但海洋环境民事公益诉讼与环境民事公益诉讼双轨并行的关系造成了海陆交叉污染案件存在适格主体、管辖等争议,且存在两诉协同上的挑战。导致这一问题的根本原因在于,海洋环境民事公益诉讼的受案范围限制在地理概念上的海域,这割裂了同一污染行为下陆地与海洋的联系。陆海统筹理念要求打通陆地与海洋之间的联系,以陆海一体化保护海洋生态环境。在这一理念的指导下,可对海洋环境民事公益诉讼受案范围进行陆海一体化调整,以克服陆地与海洋环境民事公益诉讼双轨并行造成的协同问题。具体而言,在海陆交叉污染案件中可以损害发生地为判断标准,当损害发生地在海洋时,则以海统陆,属海洋环境民事公益诉讼受案范围;当损害发生地在陆地时,则以陆统海,属环境民事公益诉讼受案范围。     

Interrupting the balance: reconsidering the complexities of conflict in South Sudan

By the start of 2014, violent conflict had erupted across much of South Sudan following initial violence in Juba on 15 December 2013. The speed with which the fighting has spread raises questions regarding the impact of national‐level politics on violence at the local level. This article develops a framework in which violent conflict can be comprehended as a response to the interruption of the negotiation of the balance of power between groups; the negotiation is interrupted when that balance tips in favour of one group, such as through changes in the national political market or government reforms. The article provides two cases studies of attempts to strengthen the state that inadvertently interrupted local power relations between groups. In response, the groups engaged in violent conflict to reinstate a balance of power. Both examples involve conflict among Dinka groups from 2005 to 2008.