国内环境民间组织合法性初探

环境保护领域的"政府失灵"和"市场失灵"要求社会调整机制的引入.社会调整机制以市民社会理论和实践为基础,市民社会主要由保护公民权利和公民政治参与的民间组织构成.环境民间组织作为一类组织生存下去的首要问题是其合法性.本文从政治和法律两个方面,论述了国内环境民间组织的合法性及其不足,并对克服其合法性危机进行了有益思考,以期国内环境民间组织健康发展,弥补市场调整机制与政府调整机制在环境保护方面的不足.     

The authority of rules in Chile’s contentious environmental politics

In 2010 Chilean legislators replaced a small environmental coordinating agency with an Environment Ministry, an autonomous Environmental Impact Assessment Agency, an enforcement agency, and specialized tribunals. Though ambitious, the reform failed to meet the stated objective of depoliticizing environmental decision-making. Instead, the reforms strengthened the authority of the central state, justified on the premise that decisions would now be based on ‘technical criteria’, meaning rules rather than politics. Comparing the creation (1990–1994) and reform (2009–2010) of Chile’s environmental institutions, it is demonstrated that a defining feature of Chilean political culture involves treating rules as if these were independent of the state. Chilean lawmakers use rules as science is used elsewhere: as an ‘objective’ voice separate from politics, that helps legitimate decisions. Appeals to the rules were used to increase the central state’s authority and exclude local representatives, concerned communities, and scientists from environmental decision-making.     

El Niño platforms: participatory disaster response in Peru

Climate change is expected to lead to greater extremes (droughts and floods) in river regimes around the world. While the number of major calamities is predicted to rise, the efforts of the public sector, experts and local stakeholders are badly coordinated. Consequently, aid does not reach target groups, resulting in unnecessary losses. Hence, there is a need for more participatory and integrative approaches. To ensure a more concerted response to climate-induced disasters, stakeholders could coordinate and negotiate within Multi-Stakeholder Platforms. Such roundtables are increasingly being established for vision-building and integrated water resource management, but could be employed in disaster management as well. After discussing the advantages and disadvantages of participation, this article trace the rise of and the problems facing two 'El Ni?o' platforms: one in Ica, a city on the Peruvian coast that flooded unexpectedly in January 1998, and one in Ayacucho, which saw a climate change-induced drought around the same time. The issue of internal and external legitimacy receives particular emphasis.     

Democracy at its Best? The Consensus Conference in a Cross-national Perspective

Over recent decades, public participation in technology assessment has spread internationally as an attempt to overcome or prevent societal conflicts over controversial technologies. One outcome of this new surge in public consultation initiatives has been the increased use of participatory consensus conferences in a number of countries. Existing evaluations of consensus conferences tend to focus on the modes of organization, as well as the outcomes, both procedural and substantial, of the conferences they examine. Such evaluations seem to rest on the assumption that this type of procedure has universally agreed goals and meanings, and that therefore consensus conferences can readily be interpreted and applied across national boundaries. This article challenges this approach to consensus conferences. The core of the article is a study of national differences in ideas about what constitutes legitimate goals for participatory arrangements. The study looks at three consensus conferences on GMOs, which took place in France, Norway, and Denmark. Drawing on this study, the article discusses the ways in which interpretations of the concept of participation; the value attributed to lay knowledge vs. technical expertise; as well as ideas about the role of the layperson, are all questions that prompt entirely different answers from country to country. Further, the article analyses these national differences within a theoretical framework of notions of democratic legitimacy.     

How democratic innovations realise democratic goods. Two case studies of area committees in the Netherlands

Participatory planning is becoming increasingly integral to governance. Numerous planning innovations are developed which aim to increase democratic legitimacy and improve decision making. This paper critically reflects on a typical Dutch innovation: the area committee. Based on two individual case studies, we investigate whether area committees realise democratic legitimacy in existing planning practices. Analytically, we focus on four democratic goods: inclusiveness, popular control, considered judgement and transparency. Based on the interdependencies between area committees and government structures we discuss the potential and dilemmas for the area committee to contribute to the democratic legitimacy of environmental policy and rural development.     

基于水生态文明建设的地方水环境资源立法研究

水生态文明是生态文明的重要组成和基础保障,是实现生态文明的重要支撑.进行水生态文明建设的重要基础保障是法律,而法律保障中最基础的一个环节就是立法,因此通过立法来保障水生态文明建设成为必然的趋势.选取江苏这一地区,从地方法治的角度出发,分析江苏省水生态文明建设在立法取得的成果以及存在的应当注意的问题.在此基础上结合江苏省的特殊省情,从立法的重点内容、立法程序以及立法监督三个方面提出完善地方水生态文明立法的建议.     

Towards democratic and effective forest governance? The discursive legitimation of forest certification in northern Sweden

Forest certification, particularly that of the Forest Stewardship Council (FSC), is frequently claimed to constitute an effective and democratic private governance arrangement for responsible forestry. It has, however, recently been questioned whether this view holds true for the northernmost countries, which have traditionally been presented as successful examples of forest certification. Yet there is little research on the perceived legitimacy of forest certification at the local level, which is where the standard implementation takes place. This paper examines how the perceived legitimacy of forest certification is created as well as challenged at the local level in Sweden, drawing on Steffek's [2009. Discursive legitimation in environmental governance. Forest Policy and Economics, 11, 313–318] conceptualisation of discursive legitimation and Bernstein's [2011. Legitimacy in intergovernmental and non-state global governance. Review of International Political Economy, 18 (1), 17–51] definition of legitimacy as well as semi-structured interviews with forest companies, reindeer husbandry (indigenous Sámi) and environmental non-governmental organisations (ENGOs). The results reveal that local ENGOs question the FSC's decision-making process and results, while both the ENGOs and reindeer husbandry see few opportunities to influence long-term forest management. These findings highlight the difficulties of managing power asymmetries in certification and the challenges involved when certification standards are translated from policy to practice.     

The Impact of BSE and FMD on Ethics and Democratic Process

The recent crises of BSE and FMD in the United Kingdom have revealed widespread concerns on the part of farmers and consumers about government regulations and handling of animal movements, animal welfare, and food safety. Both crises raised issues of government accountability and the lack of openness in public debate. The issues of democratic process and decision-making were especially strong in relation to the mass slaughter policy of the government to control FMD. This article explores public disquiet about these matters, as expressed through the reports of two public inquiries, and the perceived links between government decision-making and the needs of global agribusiness, to the detriment of family farms and animal welfare. In light of the growing evidence about the environmental and economic costs of agribusiness, the argument is made that strong programs of citizen action, such as the Devon Foot and Mouth Inquiry, that are grounded in an ethical stance on animal welfare can challenge the perspectives of central governments about concepts of cost, efficiency, and safety in agriculture.     

The role of participation in the planning process: examples from Sweden

Participation in decision-making has successively developed into a guiding principle at both EU and national level. However, diverse perspectives exist on what the role of different interests in participative processes should be, and the legal rules regarding participation varies between different sectors; from clearly defined to virtually non-existent requirements. This may have adverse effects on the legitimacy of decisions and decision-making. This paper reviews the role of participation in the planning process in relation to natural resource development in Sweden, as guided by EU and international law. Based on the notion of effective participation, the study illustrates the potential clashes that may result from different conceptions of participation, for instance, at various levels of governance, as well as from disparate principles for implementation in different sectors.     

Sustainable urban community development from the grassroots: Challenges and opportunities in a pedestrian street initiative

Abstract

A local sustainable development initiative to establish a temporary pedestrian zone within a Canadian urban community served as a research study into the efficacy of social capital in the development of a network for community action. This community-based initiative used social capital to overcome campaign obstacles and the campaign itself generated new social capital within the neighbourhood through the creation of adaptive networks of participants. The campaign succeeded in creating a part-time pedestrian-only space that serves as an educational example of change for sustainable community development that is replicable in other communities, and provides an example of alternative occupation of community space. Contrary to other literature, little evidence of “core burnout” was found although the network does continue to expend a large amount of effort and time on fundraising. While social capital is a powerful tool for local grassroots action, the availability of a critical source of economic capital may prove vital to the long-term success and sustainability of the network.