后奥运与后环境的法律思考

北京奥运会圆满成功,绿色奥运立法是宝贵遗产之一。后奥运时期中蓝天绿水,更好的环境质量成为我们的期望和目标。借鉴后环境论,转变立法理念,推动环境保护进入新的历史时期。     

The more the better? Rule growth and policy impact from a macro perspective

Do more rules improve overall policy performance? To answer this question, we look at rule growth in the area of environmental policy from an aggregate perspective. We argue that impactful growth in rules crucially depends on implementation capacities. If such capacities are limited, countries are at risk of ‘empty’ rule growth where they lack the ability to implement their ever-growing stock of policies. Hence, rules are a necessary, yet not sufficient condition for achieving sectoral policy objectives. We underpin our argument with an analysis of the impact of a new, encompassing measure of environmental rule growth covering 13 countries from 1980 to 2010. These findings call for ‘sustainable statehood’ where the growth in rules should not outpace the expansion in administrative capacities.     

Urban renewal as policy innovation in China: From growth stimulation to sustainable development

A major policy innovation in China, urban renewal creates an opportunity to promote sustainable inner‐city development and to foster economic growth in an environmentally and culturally sound way, which demands a close investigation of its context, internal and external dynamics, and policy features. Property‐led redevelopment dominated China's urban renewal since the early 1990s, as a result of the market reform and political decentralization. Recently, it has become important to meet the interests of local communities and the diverse stakeholders in the effort to preserve the urban history and cultural fabric of cities. Contextual factors in urban renewal policy and its innovation are investigated by analyzing a pioneering case in Guangzhou from a longitudinal study approach. The impact of the structural‐instrumental, cultural‐institutional, and environmental perspective on policy innovation with the change of contextual factors that transformed the development ideology and the managerial practice are identified to provide a new angle of studying policy innovation in the urban field.     

Climate politics in hard times: How local economic shocks influence MPs attention to climate change

Most countries struggle to implement CO₂ reducing policies. Implementation is politically difficult since it typically forces politicians to trade-off different concerns. The literature on how parties and members of parliament (MPs) handle these trade-offs is sparse. We use structural topic models to study how MPs in an oil dependent environment responded to a shock in the oil price that created spatially concentrated costs of climate policies. We leverage the rapid oil price drop between parliamentary sessions and MPs’ constituency adherence in a difference-in-differences framework to identify if MPs respond differently to variation in the salience of trade-offs. We find that MPs facing high political costs of climate policies tried to avoid environmental topics, while less affected MPs talked more about investments in green energy when the oil price declined. Our results suggest that the oil price bust created a ‘window of opportunity’ for advocates of the ‘ green shift’.     

Political Ideology,Political Party,and Support for Greater Federal Spending on Environmental Protection in the United States: Evidence from the General Social Surveys, 1993–2018

This paper focuses on the effects of political ideology and party affiliation on support for more government spending on environmental protection. Pooled‐sample results show that Liberals (Democrats) are more likely to support higher government spending on environmental protection than Moderates (Independents), who, in turn, are more likely to support higher spending levels than Conservatives (Republicans). The results persist even when we control for respondents' opinions concerning whether the federal government, in general, does too little or too much. When stratifying by party, ideological divisions generally narrow, while stratifying by ideology leads to slightly wider divisions between Democrats and Republicans. Together, these results suggest that when Liberals and Conservatives form opinions about government spending on the environment, party affiliation, to some degree, dampens the effects of ideology. Between 2014 and 2018 the probability of supporting more environmental spending increased, albeit slightly, for all ideologies and parties, but more so for Liberals and Democrats.     

Private and public authority interactions and the functional quality of sustainability governance: Lessons from conservation and development initiatives in Tanzania

The changing shape of sustainability governance has been a key academic and policy concern in the past two decades, as part of a wider debate on the interactions between public and private authority in governing the economy, society, and the environment. In this article, we contribute to these debates by examining how these interactions operate locally and across jurisdictions in three conservation and development initiatives in Tanzania and what impact they have on the functional quality of sustainability governance. We find that clear division of responsibilities, coupled with material incentives for communities and equal and transparent distribution of benefits, are key positive contributors to functional quality. These factors underpin the complementary interactions (collaborative at the local level; institutional layering across jurisdictions) that are needed to successfully negotiate and implement the compromises needed to balance conservation and development goals. We also find that competitive dynamics are harmful to functional quality, especially those taking the form of local institutional duplication and of dominance by central government across jurisdictions. These tend to appear especially when sustainability initiatives involve multiple stakeholders with wide discrepancies in resources, interests, and power, which leads to compromises determined in a top-down manner.     

Agricultural land management and flood risks Interrelations

Recent extreme weather events have resulted in an ongoing discussion on the issues of land use and compensation payments within Austrian agriculture. Building on a functional evaluation system for agricultural lands, the national project ＂agriculture and flooding＂ has as its goal to classify the flood-protection contribution and flood sensitivity of agricultural lands. This, in turn, enables the recommendation of targeted measures for potentially improving flood situations, as well as an estimate of their implementation costs. In addition to the digital soil map, other fundamental sources used for the project are the digital flood risk map, IACS （integrated administration and control system of agricultural subsidies） land-use data and soil properties. The results will contribute to an understanding of the multifunctionality of agricultural lands and the setting of priorities on a regional scale regarding packaged flood-prevention and damage-minimization.     

Inside UN Climate Change Negotiations: The Copenhagen Conference

UN negotiations on climate change entail a fundamental transformation of the global economy and constitute the single most important process in world politics. This is an account of the 2009 Copenhagen summit from the perspective of a government delegate. The article offers a guide to global climate negotiations, tells the story of Copenhagen from behind closed doors, and assesses the current state of global climate governance. It outlines key policy issues under negotiation, the positions and policy preferences of key countries and coalitions, the outcomes of Copenhagen, and achievements and failures in climate negotiations to date. The Copenhagen Accord is a weak agreement designed to mask the political failure of the international community to create a global climate treaty. However, climate policy around the world is making considerable progress. While the UN negotiations process is deadlocked, multilevel climate governance is thriving.     

环境犯罪立法模式：比较与选择

环境问题已经成为全人类共同关心和关注的问题,环境问题的本质是人类本身的生存问题。保护环境的目的在于保证人类自身的生存和人类社会的可持续发展,为此,世界各国刑法均规定了环境犯罪,以回应人类保护环境的价值诉求。由于受传统刑法理论的影响,我国现行的环境犯罪立法,包括立法价值、立法模式、立法技术等等,还不能彰显我国刑法在保护环境方面的功能。文章以比较的方法探讨了我国环境犯罪立法模式的功能不足,以及我国环境犯罪立法模式的应然选择。     

论我国刑法第338条的立法缺陷与完善--以犯罪构成要件为视角

作为1997年刑法增设的一个罪名,重大环境污染事故罪有诸多理论与实践问题值得探讨.其主观构成要件、侵犯的客体,等等,多年来学界争议颇多.对上述问题进行深入探讨,有利于正确掌握该罪的犯罪特点,准确适用刑法.刑法第338条规定的重大环境污染事故罪是结果犯,以行为造成法定严重后果为行为构成犯罪之必要条件,不利于打击所有污染环境的犯罪行为.为促进环境的可持续发展,建议对该条予以修改和完善,增加危险犯条款.