德国《环境责任法》的基本内容和特色介评

简要论述了德国《环境责任法》的主要内容和特色 ,包括因果关系推定、无过失责任原则、受害人的咨询请求权制度以及责任保险、财务担保制度等。     

Building the role of local government authorities towards the achievement of the human right to water in rural Tanzania

In recent decades, many changes have occurred in the approach to financing and operating water services in developing countries. The demand‐responsive approach is now adopted in many countries in a context of donor‐supported decentralization processes, which gives more responsibility to end users. However, the government's responsibility at different levels is enforced by the international recognition of the human right to water. This paper examines specific actions that build the role of local government authorities in this scenario. A collaboration between an international NGO and a rural district in Tanzania from 2006 to 2009 is used as an action research case study that is representative of local capacity‐building needs in decentralized contexts and rural areas. Three main challenges were detected: i) lack of reliable information; ii) poor allocation of resources in terms of equity; and iii) lack of long‐term community management support from the district. Two mechanisms were established: i) water point mapping as a tool for information and planning; and ii) a District Water and Sanitation Unit Support (DWUS) for community management. The results show how the framework provided by the goal of human right to water helps to define useful strategies for equity‐oriented planning and post‐project support at the local level.     

论“限期治理”的法律性质

“限期治理”是我国环境保护法的一项基本制度,文章从四个方面详尽地阐述了“限期治理”决定不是一种行政处罚行为,即“限期治理”决定不具有行政处罚的一般特征;“限期治理”决定并并未对行政管理相对人的权利作任何否定;该决定不会影响行政管理相对人固有权利义务的消长;从“环保法”法典的篇章结构安排上和行政行为的性质上分析,“限期治理”决定也不是一种行政处罚行为。正确理解“限期治理”的法律性质,可以避免对企业行     

略论国家环境权

介绍了国家环境权理论的提出和发展情况,并对国家环境权的内涵、具体的权利、义务及特征等,加以探讨。     

污染物排放总量控制和排污权交易对清洁生产的促进作用

对污染物排放总量控制和排污权交易及清洁生产进行了系统分析 ,指出了三者之间的内在联系。论述了污染物总量控制和排污权交易的市场运作机制 ,以及对推行清洁生产的促进作用。并阐述了清洁生产为实现总量控制目标所发挥的作用。     

Inclusive development,oil extraction and climate change: a multilevel analysis of Kenya

There has been considerable research on North–South issues on climate change; however, little work has been done on how the recent discovery of oil in some developing countries could affect North–South relations, the prospects for development for the South, climate change and local socio-environmental issues. Using the theory of inclusive development, the concept of the Right to Development, and their relation to stranded assets, this paper addresses the question: what does inclusive development imply at the national and global level in dealing with oil extraction in the context of climate change? Based on a literature review and a layered case study of Kenya, this paper concludes that (a) Kenyans argue that Kenya has a right to extract and use oil resources and that rich countries should reduce their extraction and use; (b) such a claim could be integrated in an appropriate emissions trading scheme; and that (c) Kenya should also account for the national and local socioecological aspects to reduce potential local conflict, yet the conditions favoring inclusive development are not yet established. However, such an argument may also lead to perverse results. If addressing climate change requires phasing out fossil fuels, this argument may lead to stranded assets in both developed and developing countries, and may ironically leave developing countries poorer off as stranded assets are possibly more expensive than having stranded resources.     

The rise of ingredient disclosure: The California and New York experience

In the recent past, two important states—California and New York—have launched extensive and precedent‐setting ingredient disclosure laws regarding cleaning products with the clear goal of prompting the deselection of certain chemical substances and forcing product reformulation. Industry prefers to refer to this trend as “ingredient communication,” a goal we can all agree is desirable. By whatever name, these state measures will have a significant impact on ingredient disclosure trends across product lines, likely well beyond their stated application to cleaning products. These state laws are summarized below, followed by a discussion of their similarities, key differences, and their implications.     

大亚湾开发区排污权交易实施方案研究

为保护大亚湾开发区的环境,充分运用社会主义市场经济手段配置环境资源,提高环保投资效益,在国内外排污权交易研究和实践的基础上,充分考虑环境污染物排放总量控制实施中的经济、技术、管理因素,提出了排污权交易实施的原则、程序等具体方案,明确了环境行政管理部门和企业法人在总量控制实施中的地位、具体行为和关系。研究结果已经在大亚湾开发区应用。     

公众参与在环境影响评价中的应用

目前,公众参与不但是环评工作的一个重要内容,而且对实施可持续发展战略起到重要作用。环境影响评价中的公众参与部分包括:公众享有环境知情权和参与决策权;合适的公众参与的主体范围;明确的公众参与环评的程序和方法;公众参与环评的保障机制。