环境法律观检讨

当前环境法学表象繁荣的背后隐藏着专业性不强的危机,其根源在于较为落后的法律观。在一些环境法理论中作为言说基础和前提预设的“法”与作为现代法治基础的“法”存在较大差异,具体表现为法律道德主义色彩浓厚、与科学规律界限不明、主体性缺失、孤立立法、与传统法的关系失当五个方面。法律观偏失的环境法学研究在实践中只起到思想启蒙的作用,无助于环境法治的实现。要想获得理论提升和实践突破,环境法学必须对自己的核心任务和研究范围作出准确定位,牢牢把握法的本质特征,加强本土化研究,尊重现行法,采取现实主义思维,实现向法学的回归。     

环境污染责任构成要件再探讨——兼评《侵权责任法》的相关规定

《侵权责任法》明确了环境污染侵权责任不以行为具有违法性作为构成要件,在法律层面上明确环境污染侵权责任的因果关系推定规则是对我国传统侵权责任法的突破,具有重要的理论和实践意义。但在损害要件上的矛盾态度、环境污染预防性责任适用时的违法性考量及部分条款之间存在的逻辑上的不周延也是需要进一步探讨的问题。     

欧盟环境责任立法对中国的启示

欧盟环境侵权赔偿立法的整个过程,对环境损害的救济方式经历了由民法为主向行政法的转变。前后立法模式的变化,对环境损害赔偿法的体系、功能和运行产生了深远的影响。欧盟的一些国家在环境民事赔偿责任领域通过了被认为具有先驱性的单行法,这些法律在责任主体、适用范围、责任基础、举证责任、赔偿范围等方面做出了非常细致的规定。我国正在着手制定环境损害赔偿法,欧盟环境侵权赔偿立法对我国具有重要的借鉴意义。     

Special Interests,Regulatory Quality,and the Pesticides Overload

Pesticides overuse is a serious threat to ecosystems and wildlife, human health, and agricultural sustainability. So far, however, social scientists have not produced systematic evidence on the political–economic determinants of pesticides overuse. We argue that the agrochemical industry, as a profit‐motivated interest group, will only mobilize politically to avoid reductions in pesticides use when regulatory institutions are potentially capable of correcting a market failure. If regulatory institutions are weakened by corruption or other factors, pesticides overuse occurs with or without the influence of the agrochemical industry. We test this interactive theory systematically against quantitative data on pesticides use in 24 Organisation for Economic Co‐operation and Development countries, 1991–2003. Using corruption and other indicators to capture bureaucratic quality, we find substantively large and statistically robust interactive effects. The agrochemical industry is a crucial determinant of pesticides use in nations with low corruption, whereas the agrochemical industry has no effect on pesticides use under corrupt regulatory institutions. Troublingly, these results imply that reduced corruption may not improve actual regulatory effectiveness unless political institutions can somehow constrain the influence of special interests.     

Rationing Consumption of Private Goods that Produce Collective Bads

This article looks at collective decisions over the limits to consumption of a private good that produces a collective bad and studies the way in which these decisions are affected by changes in the distribution of wealth. It shows that a democratic voting program reduces the maximum permissible consumption of the good, whereas a benevolent planner, and a voting program dominated by the rich, will increase this level. It also shows that, under all programs, production of the bad is driven down by increases in inequality.     

The maquiladora electronics industry on Mexico’s northern border and the environment

The electronic sector, in particular, the computing industry, has become an increasing concern because of the environmental impact of its products throughout their life cycle. The United States, Europe and Japan as the greatest consumers of electronic goods have given special attention to this issue. The fast computer obsolescence and its difficult confinement, because of the hazardous substances contained, have required a special effort of technical innovation. Nevertheless, this effort seems to respond mainly to the standards required by the countries in which these goods are produced, consumed and confined, which are radically different in developed and developing countries. Though an important part of the production process (assembling) is done in developing countries, little attention has been paid to the environmental quality at this production stage. This study examines the environmental problems and strategy of the electronic assembly industry in the three northern border cities of Mexico. Almost half of 200 electronic maquiladora enterprises surveyed had not undertaken any active environmental policy and there was a limited environmental standards enforcement. Evidence was found that the firms that had operated for a longer period of time had better chances of taking better care of the environment. Environmental firm policies became weaker as one descended from the head office to the subsidiaries and then to their suppliers. It is also found that some transnational corporations operate with double standards in Mexico and thus strong national policies on environmental standards in Mexico are required to change this practice.

Nonchemical Suffocation Deaths in Forensic Setting: A 6‐Year Retrospective Study of Environmental Suffocation,Smothering, Choking,and Traumatic/Positional Asphyxia*

Abstract: There are still several areas of forensic pathology mainly based on tradition, with textbooks explaining and describing common knowledge that is not supported by modern research data. This study is intended to contribute to evidence‐based data on nonchemical suffocation deaths in the forensic population aged more than 1 year. From 2000 to 2005, all autopsy cases were reviewed: age, gender, type of suffocation, and manner of death were compiled for all victims (96 cases). In general, the results from this study are concordant with the textbook literature, therefore supporting common knowledge related to manner of death in nonchemical suffocation. However, discrepancies have been underscored in smothering: smothering, contrary to the general belief, is probably not mostly homicidal, and accidental smothering is probably not that unusual. Furthermore, new data without actual literature correlates were obtained in the conducting of this study and are presented here.     

Recovery of Environmental Human DNA by Insects*,†

Abstract: We tested the hypotheses that foraging insects can acquire human DNA from the environment and that insect‐delivered human DNA is of sufficient quantity and quality to permit standard forensic analyses. Houseflies, German cockroaches, and camel crickets were exposed to dusty surfaces and then assayed for human mitochondrial and nuclear loci by conventional and qPCR, and multiplex STR amplification. Over two experiments, 100% of insect groups and 94% of dust controls tested positive for human DNA. Of 177 individuals, 33–67% tested positive and 13 yielded quantifiable human DNA (mean = 0.022 ± 0.006 ng; mean dust control = 2.448 ± 0.960 ng); four had at least one positive allele call for one or more locus; eight others showed multiple peaks at some loci. Results imply that application to routine forensic casework is limited given current detection methodology yet demonstrate the potential use of insects as environmental samplers for human DNA.     

Assessment of Silicone Polymer Composites for Environmental Forensic Applications: A Proof of Concept Study*

Abstract: This study evaluates the use of polydimethylsiloxane polymer composites (PDMS, Fe–PDMS) as a passive sampling media to preconcentrate analytes found in environmental settings. Samplers were made using commercially available silicone products. The composite samplers were assessed for their sorption properties using Atrazine and Irgarol 1051 as model compounds. The initial study assessed the utility of PDMS sheets as adsorption material by following analyte depletion from spiked water samples by solid‐phase microextraction gas chromatography/mass spectrometry (GC/MS). Follow‐up studies conducted at high and low concentrations using lab manufactured iron‐ PDMS rods (Fe–PDMS) showed effective uptake at differential rates from concentrations ranging between 1 μg/L and 10 μg/L. Adsorption mechanism was reversible, and compounds were recovered from the exposed materials and analyzed by liquid–liquid extraction‐GC/MS. Both composites showed better affinity for Irgarol 1051, 100% removal, than for Atrazine, 30% removal, likely representing their K_OW differences, 3.6 and 2.6, respectively. This “proof of concept” study demonstrates the positive implications for the use of silicon polymer composites as a monitoring tool for environmental forensic purposes.