环境文化与民族复兴

环境文化是人类思想观念领域的深刻变革,是对传统工业文明的反思和超越,是在更高层次上对自然法则的尊重与回归。环境文化理念广泛渗透到人类经济、科技、法律、伦理以及政治领域,预示着人类文明已从传统工业文明逐步转向生态工业文明,并将以自然法则为标准来改革人类的生产和生活方式。     

Selling the Public on Sustainable Watershed Conservation

Abstract:  The city of Quito, Ecuador, began working in 2000 to protect the ecologically fragile watershed area for its drinking water. In order to protect the Papallacta watershed, the independent Fund for the Conservation of Watersheds (FONAG) was launched to finance and manage economically sound sustainability projects in the area. FONAG is funded in part through start up grants from several organisations and a 1 per cent fee on all Quito water bills, but it has been unable to build an endowment sizeable enough to begin implementing conservation projects. We measure perceptions of the fund among Quito's university–based residents in two settings and evaluate the quality of the fund's proposed communication campaign based on existing communication theory. Further, we propose an adapted environmental education model based on a synthesis of existing theory and the empirical findings from our examination of the FONAG example. The Papallacta case study illuminates the potential strengths and weaknesses of the cultural ecology and political will of this type of collaborative sustainability project for addressing water problems in a developing country in a mountainous setting, centred around the themes of water conservation and sustainable development.     

International environmental agreements between developing countries only: learning from the Brazil–Uruguay case over the suspicion of acid rain

This article is about the process of negotiation and implementation of a bilateral environmental agreement between two developing countries. It analyzes the case of the Act of Jaguarão between Brazil and Uruguay on assessing the risk of transboundary air pollution by the President Medici (UTPM) coal-powered thermo-electrical facility in the Candiota region of southern Brazil. The article adds to the scarce literature on international environmental conflict resolution and negotiations between developing countries, especially in Latin America. First, it explains that even with the asymmetry of power between Brazil and Uruguay, negotiation was possible due to a series of factors, such as the interest of Brazilian environmental agencies in improving the monitoring of emissions from UTPM and the international scrutiny of Brazil prior to the upcoming Rio-92 Earth Summit. Both states obtained mutual gains from the agreement by developing ‘joint fact finding’ research and monitoring. Second, different from most of the mainstream literature, the research reveals that weaknesses in institutional agreements, such as a lack of sanctions or deadlines, were not an implementation impediment. In fact, the very weaknesses of the agreement actually enabled authorities in both countries to cooperate in the development of an acid rain monitoring program in the Candiota region, and as a result, to improve air monitoring capacities in both countries. Third, this research shows that the implementation process (1991–2003) produced different results and impacts: it helped to develop technical capacities of environmental agencies in both countries, increased the political power of Brazilian environmental agencies to control UTPM, and pushed for behavioral changes to enable UTPM to respond to the demands of both governments.     

论政府环境责任的缺陷与健全

政府环境责任的缺陷和不足,是环境保护领域政府失灵、环境法律失灵的一个重要原因。我国政府环境责任的缺陷主要体现在"重政府经济责任,轻政府环境责任"、"重企业环境义务和追究企业环境责任,轻政府环境义务和追究政府环境责任"、"重政府环境权力,轻政府环境义务"等八个方面。通过阐明健全政府环境责任的法理基础、指导思想和原则,提出建立健全政府环境责任的体系和制度的建议。     

The Effectiveness of the EU's Ozone Policy

Has the EU's ozone policy been effective? In other words: What caused the 90 per cent phase-out of ozone depleting substances (ODS) within the EU? Was it due to an EU-wide regulatory approach, to national circumstances, or to the Montreal Protocol? As EU's environmental policy has not been overly successful so far, it would interesting to know why ozone policy is an area where the EU and its Member States have reached targets effectively over a relatively short time. We suggest that the effectiveness of EU's ozone policy is due to two factors that together secured this rapid phase-out. First, the ozone policy was enacted by means of an EU regulation – rather than by directives – which required all Member States and all larger ODS-generating corporations to implement a ban simultaneously. Second, with the US administration making a u-turn and the increased availability of ODS-substitute chemicals, Europe saw a political opportunity to speed up the phase-out process. A limited study of the phase-out of ODS in Spain supports this argument. While the EU's ozone policy has been effective, its success owes much to particular economic and political circumstances associated with the issue of ozone depletion.     

我国环境行政权与公民环境权的合理定位

市场经济条件下,中国需要符合市场机制的环境法,以合理地配置权力和权利。长期以来,人们对环境行政权和公民环境权的关系混淆不清,导致了环境行政权与公民环境权的错位。本文探讨了环境行政权与公民环境权的缘起及我国的立法现状,分析了两者的错位现象和原因,并对两者的重新定位和错位的消解提出了看法。     

多边投资框架的发展趋势——兼论中国对策

外国直接投资领域的国际规则目前正经历着从传统的双边规范向多边规范转变的过程。各国、各区域性和全球性国际组织都对此进程给予了极大关注,并纷纷采取各自的行动,但是制定多边国际投资规则的趋势不可逆转。本文通过对在WTO体制内建立多边投资框架趋势的考察,探讨了入世后的中国在WTO新一轮多边投资谈判及外资立法中应采取的策略。     

中国环境保护激励制度创新研究

当环境保护与经济发展遇到不可协调的矛盾时，如何有效实施环境保护制度创新，从而实现“保护环境是经济上必需的”，是环境保护激励制度创新中的重要问题。文章探讨了中国环境保护激励制度的创新原则，建构了改善中国环境保护激励制度创新的制度环境。     

Agreements of Economic Integration and the Choice of National Environmental Policies

This paper analyzes the question whether and in which respect agreements of (regional) economic integration affect the choice of environmental policies by individual countries. We focus our interdisciplinary analysis on the agreements of the World Trade Organization (WTO), the European Union (EU) and the European Economic Area (EEA). We find that these agreements primarily restrict a country's choice among possible instruments to achieve a certain environmental level or target, but do, in principle, not restrict its choice with regard to the environmental target or level itself. We also show that this type of restriction is likely to benefit the individual countries and the world as a whole because it tends to promote the implementation of more efficient environmental policy instruments. A brief analysis of the case of Switzerland illustrates this point.     

Knowledge,innovation and sustainability： The implementation of voluntary environmental policies in Greece： The case of environmental management systems

The paper focuses upon the issues of knowledge, innovation and sustainability concerning the implementation of voluntary environmental policies in Greece, and in particularly, through assessing the implementation of environmental management systems （EMS）. The first part of the paper refers to the theoretical background of EMS, presenting selected aspects from the approaches of the new economic geography and the new regionalism and from ecological modernization theory. In the second part, the implementation of EMS in Greece is highlighted, mainly focused on the profile of the enterprises, the sectoral and regional distributional pattern and the main problems during the implementation. The third part presents the main results of the empirical research on the impact of EMS implementation, concerning sustainability （e.g., water and energy savings, alternative renewable resources, sound waste management）, innovation （e.g., product or process innovation） and participation. The role of knowledge, during the process of implementation of EMS, is analyzed in the forth part of the paper. In the last part, recommendations for future policies are described, aiming at promoting strategies of EMS in urban areas and enchasing the role of local government.