德国环境设备责任制度初探

德国《民法典》确定了一般环境侵权的规则——行为责任,再以《环境责任法》确立了特殊的环境侵权的规则——设备责任。设备侵权是危险责任的一种,其构成要件有两个:设备运营对环境产生不良影响进而导致损害;人身、财产受侵害。设备责任的承担不要求设备运营人的过错。设备责任归责采用因果关系推定原则。     

煤矿瓦斯爆炸事故演化的突变模型

煤矿瓦斯爆炸事故,从微观上看,是在瓦斯积聚、引火源和氧气浓度3个条件同时具备的情况下发生的,从宏观上看,是在生产活动中存在人的不安全行为和物的不安全状态导致了微观3条件的同时具备。笔者介绍了突变理论的基本原理;在轨迹交叉事故致因理论基础上,分析了瓦斯爆炸事故演化的非线性特征;建立了事故演化的尖点突变模型。并指出:事故演化是一个流变-突变过程,其突变的程度反映了事故的严重度;人的不安全行为是事故发生的主要因素;物的因素决定事故的严重度;安全生产必须建立本质安全型矿井,避免人和物的运动轨迹越过分歧点集。     

Defining Historical Baselines for Conservation: Ecological Changes Since European Settlement on Vancouver Island,Canada

Abstract: Conservation and restoration goals are often defined by historical baseline conditions that occurred prior to a particular period of human disturbance, such as European settlement in North America. Nevertheless, if ecosystems were heavily influenced by native peoples prior to European settlement, conservation efforts may require active management rather than simple removal of or reductions in recent forms of disturbance. We used pre‐European settlement land survey records (1859–1874) and contemporary vegetation surveys to assess changes over the past 150 years in tree species and habitat composition, forest density, and tree size structure on southern Vancouver Island and Saltspring Island, British Columbia, Canada. Several lines of evidence support the hypothesis that frequent historical burning by native peoples, and subsequent fire suppression, have played dominant roles in shaping this landscape. First, the relative frequency of fire‐sensitive species (e.g., cedar [Thuja plicata]) has increased, whereas fire‐tolerant species (e.g., Douglas‐fir [Pseudotsuga menziesii]) have decreased. Tree density has increased 2‐fold, and the proportion of the landscape in forest has greatly increased at the expense of open habitats (plains, savannas), which today contain most of the region's threatened species. Finally, the frequency distribution of tree size has shifted from unimodal to monotonically decreasing, which suggests removal of an important barrier to tree recruitment. In addition, although most of the open habitats are associated with Garry oak (Quercus garryana) at present, most of the open habitats prior to European settlement were associated with Douglas‐fir, which suggests that the current focus on Garry oak as a flagship for the many rare species in savannas may be misguided. Overall, our results indicate that the maintenance and restoration of open habitats will require active management and that historical records can provide critical guidance to such efforts.     

The problem of estimating recent genetic connectivity in a changing world

Accurate understanding of population connectivity is important to conservation because dispersal can play an important role in population dynamics, microevolution, and assessments of extirpation risk and population rescue. Genetic methods are increasingly used to infer population connectivity because advances in technology have made them more advantageous (e.g., cost effective) relative to ecological methods. Given the reductions in wildlife population connectivity since the Industrial Revolution and more recent drastic reductions from habitat loss, it is important to know the accuracy of and biases in genetic connectivity estimators when connectivity has declined recently. Using simulated data, we investigated the accuracy and bias of 2 common estimators of migration (movement of individuals among populations) rate. We focused on the timing of the connectivity change and the magnitude of that change on the estimates of migration by using a coalescent‐based method (Migrate‐n) and a disequilibrium‐based method (BayesAss). Contrary to expectations, when historically high connectivity had declined recently: (i) both methods over‐estimated recent migration rates; (ii) the coalescent‐based method (Migrate‐n) provided better estimates of recent migration rate than the disequilibrium‐based method (BayesAss); (iii) the coalescent‐based method did not accurately reflect long‐term genetic connectivity. Overall, our results highlight the problems with comparing coalescent and disequilibrium estimates to make inferences about the effects of recent landscape change on genetic connectivity among populations. We found that contrasting these 2 estimates to make inferences about genetic‐connectivity changes over time could lead to inaccurate conclusions.     

Integrating Paleobiology,Archeology, and History to Inform Biological Conservation

The search for novel approaches to establishing ecological baselines (reference conditions) is constrained by the fact that most ecological studies span the past few decades, at most, and investigate ecosystems that have been substantially altered by human activities for decades, centuries, or more. Paleobiology, archeology, and history provide historical ecological context for biological conservation, remediation, and restoration. We argue that linking historical ecology explicitly with conservation can help unify related disciplines of conservation paleobiology, conservation archeobiology, and environmental history. Differences in the spatial and temporal resolution and extent (scale) of prehistoric, historic, and modern ecological data remain obstacles to integrating historical ecology and conservation biology, but the prolonged temporal extents of historical ecological data can help establish more complete baselines for restoration, document a historical range of ecological variability, and assist in determining desired future conditions. We used the eastern oyster (Crassostrea virginica) fishery of the Chesapeake Bay (U.S.A.) to demonstrate the utility of historical ecological data for elucidating oyster conservation and the need for an approach to conservation that transcends disciplinary boundaries. Historical ecological studies from the Chesapeake have documented dramatic declines (as much as 99%) in oyster abundance since the early to mid‐1800s, changes in oyster size in response to different nutrient levels from the sixteenth to nineteenth centuries, and substantial reductions in oyster accretion rates (from 10 mm/year to effectively 0 mm/year) from the Late Holocene to modern times. Better integration of different historical ecological data sets and increased collaboration between paleobiologists, geologists, archeologists, environmental historians, and ecologists to create standardized research designs and methodologies will help unify prehistoric, historic, and modern time perspectives on biological conservation. Integración de Paleobiología, Arqueología e Historia para Informar a la Biología de la Conservación     

Shifting Baselines and The Extinction of The Caribbean Monk Seal

The recent extnction of the Caribbean monk seal Monachus tropicalis has been considered an example of a human‐caused extinction in the marine environment, and this species was considered a driver of the changes that have occurred in the structure of Caribbean coral reef ecosystems since colonial times. I searched archaeological records, historical data, and geographic names (used as a proxy of the presence of seals) and evaluated the use and quality of these data to conclude that since prehistoric times the Caribbean monk seal was always rare and vulnerable to human predation. This finding supports the hypothesis that in AD 1500, the Caribbean monk seal persisted as a small fragmented population in which individuals were confined to small keys, banks, or isolated islands in the Gulf of Mexico and the Caribbean Sea. This hypothesis is contrary to the assumption that the species was widespread and abundant historically. The theory that the main driver of monk seal extinction was harvesting for its oil for use in the sugar cane industry of Jamaica during the 18th century is based primarily on anecdotal information and is overemphasized in the literature. An analysis of reported human encounters with this species indicates monk seal harvest was an occasional activity, rather than an ongoing enterprise. Nevertheless, given the rarity of this species and its restricted distribution, even small levels of hunting or specimen collecting must have contributed to its extinction, which was confirmed in the mid‐20th century. Some sources had been overlooked or only partially reviewed, others misinterpreted, and a considerable amount of anecdotal information had been uncritically used. Critical examination of archaeological and historical records is required to infer accurate estimations of the historical abundance of a species. In reconstructing the past to address the shifting baseline syndrome, it is important to avoid selecting evidence to confirm modern prejudices. Puntos de Referencia Cambiantes y la Extinción de la Foca Monje Caribeña     

区域化变量理论在历史洪涝灾害空间格局重建中的应用──以长江流域1736-1911年洪涝灾害为例

通过构造一个例子,简介了区域化变量理论的基本原理、计算过程及其在洪涝灾害空间格局重建中的优点。依据区域化变量理论,以长江流域1736～1911年洪涝灾害为实例,重建了长江流域历史时期洪涝灾害的基本空间格局．     

过去两千年长江干流历史洪水事件的时空变化研究

理解极端洪水事件活动特征及其与气候变化、人类活动的相互关系一直是全球变化研究的热点问题。现代器测数据较短对洪水事件变化规律预测存在不足,而利用历史文献记录研究百年-千年尺度洪水事件的发生规律则成为一个较好的选择。洪水灾害是长江流域最为严重的自然灾害之一。本文以官方现存历史记载为依据,构建了过去2000年长江干流上、中、下游洪水事件序列,并将其与气候和人类活动代理指标进行对比。结果表明,1350年之前,长江干流洪水事件受东亚季风(EASM)、西南季风(ISM)、厄尔尼诺-南方涛动(ENSO)、热带辐合带(ITCZ)移动等多种气候因素驱动,且气候驱动机制在同期不同区、同区不同期存在显著差异。此外,1350年之后人类活动的增强可能明显加剧了长江干流洪水事件的频率和强度。     

Forest Stand Dynamics and Livestock Grazing in Historical Context

Abstract:  Livestock grazing has been implicated as a cause of the unhealthy condition of ponderosa pine forest stands in the western United States. An evaluation of livestock grazing impacts on natural resources requires an understanding of the context in which grazing occurred. Context should include timing of grazing, duration of grazing, intensity of grazing, and species of grazing animal. Historical context, when and under what circumstances grazing occurred, is also an important consideration. Many of the dense ponderosa pine forests and less-than-desirable forest health conditions of today originated in the early 1900s. Contributing to that condition was a convergence of fire, climate, and grazing factors that were unique to that time. During that time period, substantially fewer low-intensity ground fires (those that thinned dense stands of younger trees) were the result of reduced fine fuels (grazing), a substantial reduction in fires initiated by Native Americans, and effective fire-suppression programs. Especially favorable climate years for tree reproduction occurred during the early 1900s. Exceptionally heavy, unregulated, unmanaged grazing by very large numbers of horses, cattle, and sheep during the late nineteenth and early twentieth centuries occurred in most of the U.S. West and beginning earlier in portions of the Southwest. Today, livestock numbers on public lands are substantially lower than they were during this time and grazing is generally managed. Grazing then and grazing now are not the same.     

历史时期长江中游水灾与厄尔尼诺事件的遥相关

长江中游历来是长江流域水灾最严重的地区，研究历史时期这一地区水灾发生的变化波动并找出其与厄尔尼诺事件的遥相关，将有助于对长江中游水灾发生的预测。对这二个时间序列自1525年以来的数据进行了统计学分析。结果表明，水灾发生的主要周期比厄尔尼诺事件发生的周期要长：后者主要表现为2年和3~4年的振动，而前者的主要周期为2年、8年和40年，其显著性也没有后者明显（但都超过了0.03的置信度）。通过进一步分析历史时期长江中游水灾与厄尔尼诺事件的耦合振动，发现它们之间存在显著的遥相关。结果表明，长江中游水灾对厄尔尼诺现象的响应不仅存在着如许多中国学者相信的短期滞后（如：1年），而且还存在着比较长时间的滞后（最长可达8年）。研究结果同时表明，如果厄尔尼诺事件发生的相距时间愈短，这一时期长江中游水灾响应的滞后时间也愈短，反之亦然。