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.     

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.     

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.     

‘Land yes,dam no!’ Justice-seeking strategies by the anti-dam movement in the Ribeira Valley,Brazil

This contribution examines how and with what effects the Movement of People Threatened by Dams (MOAB) in the Ribeira Valley, Brazil, works at various scales simultaneously. It is argued that MOAB was kicked off by mobilising Afro-descendants around livelihood issues, and that one of the first anti-dam strategies was to claim quilombola recognition and land rights at the state level. MOAB soon expanded its network and broadened its agenda to include procedural justice, targeting federal and international agencies for recourse. The paper concludes that MOAB has successfully used different scales for framing, mobilisation and action, which has contributed to the dam project being put on hold for almost three decades.     

Holding Back the Storm: Target Populations and State Climate Adaptation Planning in America

This paper investigates the landscape of state‐level adaptation planning in the United States. We answer three primary research questions: First, how are states planning for climate change? Second, who are states targeting for climate adaptation? Third, what tools are states using to motivate climate adaptation efforts? We develop and implement a coding scheme using Schneider and Ingram’s Social Construction Framework (SCF) to characterize variation in 2033 individual adaptation goals mentioned in all 14 American states with explicit adaptation plans. We use these data to understand the types of tools used to motivate different actors (governmental, private, nonprofit) to adapt to climate change. We find that the most frequent target of state adaptation planning is the state itself, which provides an opportunity to extend the SCF to a target group often not mentioned in public policy. Specifically, we find that states target themselves with mandates or tools designed to acquire information. Other stakeholders in adaptation are more likely to be the targets of capacity building tools. Private actors are the only population more likely to be targeted by incentives. The project expands the Social Construction Framework to include targets and tools of planning efforts. Practically, our article offers a methodology by which to compare the vastly heterogeneous efforts to adapt to climate change at the subnational level.     

Public orchestration,social networks,and transnational environmental governance: Lessons from the aviation industry

This article contributes to current debates on the potential and limitations of transnational environmental governance, addressing in particular the issue of how private and public regulation compete and/or reinforce each other – and with what results. One of the most influential approaches to emerge in recent years has been that of “orchestration.” But while recent discussions have focused on a narrow interpretation of orchestration as intermediation, we argue that there is analytical traction in studying orchestration as a combination of directive and facilitative tools. We also argue that a social network analytical perspective on orchestration can improve our understanding of how governments and international organizations can shape transnational environmental governance. Through a case study of aviation, we provide two contributions to these debates: first, we propose four analytical factors that facilitate the possible emergence of orchestration (issue visibility, interest alignment, issue scope, and regulatory fragmentation and uncertainty); and second, we argue that orchestrators are more likely to succeed when they employ two strategies: (i) they use a combination of directive and facilitative instruments, including the provision of feasible incentives for industry actors to change their behavior, backed up by regulation or a credible regulatory threat; and (ii) they are robustly embedded in, and involved in the formation of, the relevant transnational networks of actors and institutions that provide the infrastructure of governance. © 2017 JohnWiley & Sons Australia, Ltd