我国环境保护中风险预防原则的缺失及完善

科学技术的迅速发展给人类带来了惊喜的同时也带来了巨大的风险.在环境领域,科技发展的并发症已经使生态遭受严重破坏而难以回复,而潜在的环境风险则使人们感到害怕而又无奈.正是在这样的背景下,为了应对具有科学不确定性环境问题,风险预防原则应运而生.本文通过研究外国环境法中关于风险预防原则的法律制度和实践,分析了我国环境法中风险预防原则存在的问题,提出了完善该原则的相关建议.     

环境犯罪中疫学因果关系理论探究

以科学法则为基础的传统因果关系理论无法解决环境犯罪中因果关系的认定,有必要借鉴疫学因果关系理论来分析认定。疫学因果关系本质上是一种推定的事实因果关系,必须满足一定的条件才能成立。对环境犯罪因果关系的认定,有必要在相当因果关系的判断过程中引入疫学标准。     

Negotiated settlements and peace referendums

Institutional innovations in conflict management have received considerable academic attention in the past decades. Yet few studies have considered the design of referendums in peace processes and the role of popular mandates in catalysing negotiated settlements. Drawing evidence from divided societies, particularly the contrasting cases of South Africa and Cyprus, the article points to the importance of ratification sequence and early mandate referendums. Specifically, it demonstrates how mandate referendums focusing initially on domestic constituencies enable leaders to pre‐empt ethnic outbidding challenges while concluding a peace agreement. An early ratification process could safeguard the peace process from unavoidable reversals in public opinion, increase flexibility as to the timing of critical decisions and maximise the credibility of leaders aiming for a negotiated settlement. The study of mandate referendums has important implications for broader research on international mediations since it suggests mechanisms by which political actors could ensure the ratification of significant treaties in global or regional politics.     

Maastricht Treaty in the Shaping and Development of the Common Foreign and Security Policy （CFSP）

For the European Union （EU）, it discusses how to deliver （great project） European unification. Motivated by the idea that the association of European countries is a far better alternative to the previous mutually confronted Europe, a project in the following decades led to the emergence of a new and unprecedented work on European soil--EU. Its present form is the product of more than 50 years of evolution of European integration, which today despite initial six Western European countries including the former main rivals Germany and France include 27 member countries of the union, as well as many other countries with candidate status for membership in the EU. Seen in the development context, the union is not a preconceived model of the association of European countries, but is the product of a complex multiple decade-long process of integration in which different actors are involved. Within this process, depending on the achieved level of integration, the union received a different shape. In its present form and name as the EU, it occurs even in the early 90s of the last century, long before it passed through small-scale forms of integration.     

城市环境治理投入的中央政府与地方政府博弈

文章分析了中央政府和地方政府在城市环境治理上的博弈,并提出地方政府应提高自身的政策执行意识和服务意识,中央政府应该加大对地方政府的物质激励,政治晋升方面的激励,循环经济的推广使用;环境治理问责制的实施有利于提高城市环境治理投入,实现社会经济的可持续发展。     

CHINA’S NEW SORROW: WATER-MANAGEMENT POLICIES,ENVIRONMENTAL DEGRADATION,AND SALAR-TIBETAN MINORITY RELATIONS IN QINGHAI PROVINCE, 1862–1978

Abstract

This article analyzes the effect of post-1949 policies on minority peoples in China’s watershed—Qinghai province. Salar and Tibetan peoples had lived in relative harmony for centuries in Xunhua County. Access to the Tibetan highlands and a monopoly on wool production had provided Tibetan herders with an upper hand. New policies that encouraged agricultural production over the course of the twentieth century not only brought radical changes to these long-standing relationships but also initiated new strains on the local environment. The Mao era saw a particularly rapid expansion of new water projects designed to tame the Yellow River. The resulting environmental catastrophe is a major contributing factor to the river’s current inability to flow to the Yellow Sea.     

Political Economy of Southeast Asian Borderlands: Migration,Environment, and Developing Country Firms

The Chinese way of development shares many characteristics with the East Asian developmental state model. Key elements of this shared development model include state control over finance, direct support for state owned enterprises by the government, import substitution industrialisation in heavy industry, a high dependence on export markets and a high rate of domestic savings. Even the reform of corporate governance is not likely to change the basic features of the East Asian model in China. Among East Asian countries, China shares more similar characteristics with Taiwan rather than with Japan or Korea since China, like Taiwan, also has an economy of dual structure that divides the public and non-public sectors.     

Social challenges and progress in IBSA

The India–Brazil–South Africa (IBSA) Dialogue Forum was launched in June 2003 to push for these countries' bids for a place on the United Nation' Security Council, but IBSA's attention has shifted over time towards development and economic reform. This article discusses the progress in addressing social development challenges within the member countries of IBSA. It examines the social achievements of IBSA members, in the context of their economic performance and the Millennium Development Goals. It also assesses the forces which propel these societies' social policies, especially the influence of civil society, and whether there has been benefit in this regard in their collaboration within the IBSA forum. Their experiences show the critical importance of civil society in design and execution of programmes directed towards the poor, an important factor to be kept in mind by multilateral and bilateral agencies involved in poverty alleviation projects in developing countries. The three nations could cooperate to share ideas for effective social welfare programmes, and join together in multilateral forums to form a powerful voice for change.     

Is environmentally sustainable and inclusive growth possible? Sub-Saharan Africa and emerging global norms on development

This paper critically reviews the debates on environmentally sustainable and socially inclusive growth with specific focus on Sub-Saharan Africa. It observes that, even considering its inherent limits, the discourse on growth is still imprisoned by the Washington Consensus mode of thinking. There have been attempts by various institutions and commissions appointed by heads of government to take the debate forward, but a lack of commonly agreed global norms undermines prospects for shifts in thinking. Nonetheless, countries need to undertake such efforts if there is to be any meaningful deliberation on environmentally sustainable and socially inclusive growth. In this regard, the paper also examines the strengths and weaknesses of efforts undertaken by South Africa thus far. Policy emphases on the role of the state and structural transformation that predominate in debates in formal institutions in the African continent are insufficient. This paper explores what is possible.     

我国公司环境法律责任制度的绿化:一个预防的视角

公司的环境法律责任包括民事责任、行政责任和刑事责任。当前,我国公司法律责任的设置存在根本性缺陷,即预防理念的缺失,主要表现在市场准入阶段公司设立的环境条件缺失、环境保护法律相关准入规定的缺陷、环境风险内控预防机制的空白、行政处罚手段的滞后性以及重大环境污染犯罪尚未"危险化"等。以预防理念全面"绿化"公司的环境法律责任,需要从如下方面加以努力:完善环境准入立法、建立以环境风险应对为中心的内部控制制度及责任体系、行政处罚方式的科学化、重大环境污染事故罪的"前置"及环境监管失职罪的修订。