环境侵害民事诉讼若干问题探讨

随着社会经济发展到一定阶段,人们的物质文化需求与日益脆弱的环境现实必然产生矛盾--即发展与环境的矛盾.而这种矛盾所导致的结果就是环境侵害案件的不断增多,而由于我国长期以来一直是一个以计划经济为主的发展中国家,法制建设不足,只是在近二十五年中立法工作才得以提速、加强.而这当中,对环境保护及环境违法处置方面的立法尤显不足,由此造成目前现实中的环境侵害案件,用传统诉讼制度来解决时,问题和缺陷日益显露.深入研究此类案件的特点,将有利于司法部门正确解决纠纷,切实保护当事人的权利.本文对环境侵害之诉讼要件中的诉讼主体的确定,诉讼请求的根据与范围、证明规则,以及诉讼时效等问题进行了初步探讨.     

我国道路交通安全发展情景分析

以日本和美国为例 ,分析了发达国家道路交通事故高发期的发展历程 ,得出了道路交通事故的上升与国家经济发展和机动化增长有着直接关系的结论。笔者通过分析和预测我国经济和道路交通的发展情景发现 ,今后我国道路交通发展特征和日本道路交通高发期的情况十分类似。如果现有交通管理体制和技术措施没有大的变化 ,我国道路交通事故死亡人数到 2 0 2 0年可能会超过 2 3万人。为此 ,国家应尽快改善道路交通管理方面所存在体制上、行政上和技术上的不足 ,防止出现笔者所预测的道路交通事故极其严重的局面。     

Scenario-based assessment and multi-objective optimization of urban development plan with carrying capacity of water system

• Impact of urban development on water system is assessed with carrying capacity. • Impacts on both water resource quantity and environmental quality are involved. • Multi-objective optimization revealing system trade-off facilitate the regulation. • Efficiency, scale and structure of urban development are regulated in two stages. • A roadmap approaching more sustainable development is provided for the case city. Environmental impact assessments and subsequent regulation measures of urban development plans are critical to human progress toward sustainability, since these plans set the scale and structure targets of future socioeconomic development. A three-step methodology for assessing and optimizing an urban development plan focusing on its impacts on the water system was developed. The methodology first predicted the pressure on the water system caused by implementation of the plan under distinct scenarios, then compared the pressure with the carrying capacity threshold to verify the system status; finally, a multi-objective optimization method was used to propose regulation solutions. The methodology enabled evaluation of the water system carrying state, taking socioeconomic development uncertainties into account, and multiple sets of improvement measures under different decisionmaker preferences were generated. The methodology was applied in the case of Zhoushan city in South-east China. The assessment results showed that overloading problems occurred in 11 out of the 13 zones in Zhoushan, with the potential pressure varying from 1.1 to 18.3 times the carrying capacity. As a basic regulation measure, an environmental efficiency upgrade could relieve the overloading in 4 zones and reduce 9%‒63% of the pressure. The optimization of industrial development showed that the pressure could be controlled under the carrying capacity threshold if the planned scale was reduced by 24% and the industrial structure was transformed. Various regulation schemes including a more suitable scale and structure with necessary efficiency standards are provided for decisionmakers that can help the case city approach a more sustainable development pattern.     

TUGAI: An Integrated Simulation Tool for Ecological Assessment of Alternative Water Management Strategies in a Degraded River Delta

The development of ecologically sound water allocation strategies that account for the needs of riverine ecosystems is a pressing issue, especially in semiarid river basins. In the Aral Sea Basin, a search for strategies to mitigate ecological and socioeconomic deterioration has been in process since the early 1990s. The Geographic Information System–based simulation tool TUGAI has been developed to support the policy determination process by providing a simple, problem-oriented method to assess ecological effects of alternative water management strategies for the Amudarya River. It combines a multiobjective water allocation model with simple, spatially explicit statistical and rule-based models of landscape dynamics. Changes in environmental conditions are evaluated by a fuzzy habitat suitability index for Populus euphratica, which is the dominant species of the characteristic riverine Tugai forests. Water management scenarios can be developed by altering spatiotemporal water distribution in the delta area or the amount of water inflow into the delta. Outcomes of scenario analysis are qualitative comparisons of the ecological effects of different options for a time period of up to 28 years. The given approach utilizes different types of knowledge, from quantitative hydrological data to qualitative local expert knowledge. The main purpose of the tool is to integrate the knowledge in a comprehensive way to make it available for discussions on alternative policies in moderated workshops with stakeholders. In this article, the modules of the tool, their integration, and three hypothetical scenarios are presented. Based on the experience gained when developing the TUGAI tool, we propose that the general framework can be transferred to other areas where tradeoffs in water allocation between the environment and other water users are of major concern. The potential for a simulation tool to structure and inform a complex resource management situation by involving local experts and stakeholders in the development of possible future scenarios will become increasingly valuable for transparent and participatory resource management.     

The potential of public engagement in sustainable waste management: designing the future for biosolids in New Zealand

Strategies for beneficial use of biosolids in New Zealand and elsewhere are currently focused primarily on land application. The long-term success of these and other strategies is dependent not only on technical factors, but also on their environmental, economic, social and cultural sustainability. This paper briefly reviews the situation with respect to biosolids management in New Zealand, where land application is not yet widespread; the rise in public opposition to land application in the United States; and the biosolids industry's approach to public engagement. We argue that, at least until recently, the industry has misinterpreted the nature and meaning of public opposition and thus substituted public relations for public engagement. We argue that genuine public engagement is necessary and that its purpose cannot be to gain public acceptance for an already-decided-upon strategy. It therefore calls for humility among biosolids managers, including a willingness to open up the framing of 'the problem', to acknowledge areas of uncertainty, and to recognise the role of values in 'technical' decision-making. We then present and analyse an example of the use of the scenario workshop process for public participation in biosolids management policy in Christchurch, New Zealand, and conclude that scenario workshops and related methods represent an opportunity to enhance sustainable waste management when certain conditions are met.     

The gloomy greenhouse: Should the world phase out fossil fuels?

In 1988 the Toronto World Conference on the Changing Atmosphere called for a reduction of CO₂ emissions of the industrialized countries by approximately 20% by the year 2005 as compared with 1988. A stabilization of CO₂ concentrations would require an eventual emissions reduction of more than 50% of present levels. Model runs were performed with the Dutch Integrated Model for the Assessment of the Greenhouse Effect (IMAGE) to put these figures into perspective. It was found that the suggested emissions reduction levels could indeed be adequate to prevent global temperature change from moving beyond past climate experience. However, this would only be the case when these reduced levels of emissions were achieved at a global scale and maximum emission control for the other greenhouse gases was implemented. A delayed response analysis shows that the policies of the coming decades are crucial for the eventual control of the greenhouse effect.     

Modeling the spatial dynamics of regional land use: the CLUE-S model

Land-use change models are important tools for integrated environmental management. Through scenario analysis they can help to identify near-future critical locations in the face of environmental change. A dynamic, spatially explicit, land-use change model is presented for the regional scale: CLUE-S. The model is specifically developed for the analysis of land use in small regions (e.g., a watershed or province) at a fine spatial resolution. The model structure is based on systems theory to allow the integrated analysis of land-use change in relation to socio-economic and biophysical driving factors. The model explicitly addresses the hierarchical organization of land use systems, spatial connectivity between locations and stability. Stability is incorporated by a set of variables that define the relative elasticity of the actual land-use type to conversion. The user can specify these settings based on expert knowledge or survey data. Two applications of the model in the Philippines and Malaysia are used to illustrate the functioning of the model and its validation.     

An integration of net imported emissions into climate change targets

There is an international divide between net emissions importers and net emissions exporters, with industrialised nations mainly falling into the former and emerging economies the latter. Integrating emissions transfers into climate policy, so as not to disadvantage export-intensive countries, has been suggested to increase participation in international emissions reduction commitments. Consumption-based scenarios are presented for the UK identifying the geographic and sectorial source of emissions to meet future consumer demands given the current international climate policy landscape. The analysis is applied to the UK yet the discussion is applicable to international climate policy; assigning national responsibility for global emissions reductions; and extending the mitigation potential for net importing countries. Two trajectories for UK consumption emissions are calculated in which (1) international reduction targets are consistent with those pledged today equating to four degrees of temperature rise and (2) international reduction targets achieve a two degree future. By 2050 it is estimated that UK consumption emissions are 40–260% greater than UK territorial emissions depending on the strength of global reduction measures, and assuming the UK meets its 80% reduction in 1990 emissions by 2050 target. Cumulative emissions are presented alongside emissions trajectories, recognising that temperature rise is directly related to every tonne of carbon emitted. Whilst this paper argues that the current UK emissions targets underestimate the UK's contribution to global mitigation for two degrees, it shows how expanding the focus of policy towards consumption introduces new opportunities for reduction strategies at scale. The paper advocates the implementation of consumption-based emissions accounting which reveals underexploited policy interventions and increases the potential to break down barriers that exist between industrialised and emerging economies in international climate policy.     

Linking Models of Land Use,Resources, and Economy to Simulate the Development of Mountain Regions (ALPSCAPE)

We present a framework of a scenario-based model that simulates the development of the municipality of Davos (Swiss Alps). We illustrate our method with the calculation of the scenario for 2050 “Decrease in subsidies for mountain agriculture and liberalization of markets.” The main objective was to link submodels of land-use allocation (regression-based approach), material and energy flows submodels (Material and Energy Flux Analysis), and economic submodels (Input–Output Analysis). Letting qualitative and quantitative information flow from one submodel to the next, following the storyline describing a scenario, has proven to be suitable for linking submodels. The succession of the submodels is then strongly dependent on the scenario. Qualitative information flows are simulated with microsimulations of actor choices. Links between the submodels show different degrees of robustness: although the links involving microsimulations are the weakest, the uncertainty introduced by the land-use allocation model is actually advantageous because it allows one possible change in the landscape in the future to be simulated. The modeling results for the scenario here presented show that the disappearance of agriculture only marginally affects the region’s factor income, but that the consequences for the self-sufficiency rate, for various landscape-related indicators and ecosystem services, and for the economy in the long term may be considerable. These benefits compensate for agriculture’s modest direct economic value. The framework presented can potentially be applied to any region and scenario. This framework provides a basis for a learning package that allows potential detrimental consequences of regional development to be anticipated at an early stage.