Historical review of Taiwan＇s environmental legislative adjustment and its implications under international agreements

After 1960s, the economic developmental explosion in Taiwan had brought serious environmental degradations including the air and water pollution, waste disposal, as well as wildlife problems. Since then, Taiwanese has begun environmental protection movements striving for ＂environmental rights＂. In addition, international environmental agreements have grown with great speed in the past decades. Although Taiwan never signed or joined any international environmental agreements or organizations, the development of international environmental laws still deeply affect Taiwan environmental regulations. Under this global trend, Taiwan has to cooperate with international community and to obey international environmental agreements. Thus Taiwan had passed numerous environmental laws including ＂Air Pollution Control Act,＂ ＂Water Pollution Control Act,＂ ＂Noise Control Act,＂ ＂Waste Management Act,＂ ＂Toxic Chemicals Management Act,＂ ＂Wildlife Protection Act,＂ and ＂Nuisance Dispute Resolution Act.＂ Thus the article will examine Taiwan＇s environmental administration, regulations as well as the implication under international agreements.     

Best Available Techniques (BAT) and Coal-fired Power Stations: Can the Energy Gap be Plugged Without Increasing Emissions?

At present, there is much anxiety regarding the security ofenergy supplies; for example, the UK and other European Statesare set to become increasingly dependant upon imports of naturalgas from states with which political relations are often strained.These uncertainties are felt acutely by the electricity generatingsector, which is facing major challenges regarding the choiceof fuel mix in the years ahead. Nuclear energy may provide analternative; however, in the UK, progress in replacing the firstgeneration reactors is exceedingly slow. A number of operatorsare looking to coal as a means of plugging the energy gap. However,in the light of ever more stringent legal controls on emissions,this step cannot be taken without the adoption of sophisticatedpollution abatement technology. This article examines the rolewhich legal concepts such as Best Available Techniques (BAT)must play in bringing about these changes.     

The Role of French Environmental Associations in Civil Liability for Environmental Harm: Courtesy of Erika

Last January, the Tribunal Correctionnel de Paris, in its decisionconcerning the Erika oil spill, clearly recognised the rightof environmental associations to claim compensation for damagedone to the environment per se. Taking the judgment as a startingpoint, this article gives a brief insight into the French regimeof civil liability for environmental harm, with a special focuson the role, as provided in the regime and further developedin the case-law, of French environmental associations. The latterare formally recognised, under certain conditions, as "guardians"of the collective interest to environmental protection. As aresult, they are entitled to bring civil party petitions beforecriminal courts in case of -largely defined- "environmentalcrimes". These procedural rights have been broadly interpretedby (criminal, as well as civil) courts and effectively usedby associations to ensure that the "polluter pays" and thatcivil damages reflect, to the extent possible, the reality ofenvironmental harm, while serving the interests of general prevention.     

“2009年海洋污染责任与政策国际研讨会”综述

2009年6月4—5日,海洋污染责任与政策国际研讨会在大连召开。会议就海洋污染刑事责任、海洋污染民事责任、海洋污染典型案例研究以及国际公约的实施四大议题进行探讨与交流。     

预防性责任在环境污染侵权中的适用探讨——兼评《侵权责任法》的相关规定

该文提出,由于环境污染侵权的特殊性,预防性责任较损害赔偿责任在保护环境及受害人的合法权益方面更为有效,并指出,预防性责任的适用应以违法性为构成要件,《侵权责任法》有关规定在适用预防性责任时存在诸多矛盾。     

The Policy Dynamics of the Trans‐Alaska Pipeline System

Since 1977, oil produced in northern Alaska has posed a major environmental threat across large areas of Alaska while simultaneously playing a dominant role in the economy of Alaska. This enduring dilemma was created by the building of the Trans‐Alaska Pipeline System to transport oil produced on the North Slope of Alaska, a region containing the largest oil field ever developed in North America. The Trans‐Alaska Pipeline System transports oil through an 800‐mile pipeline and ocean‐going oil tankers. This complex technological system poses an enduring risk of environmentally damaging oil spills in Alaska. This study applies the punctuated equilibrium theory of policy change to examine the processes and enduring consequences of the national policy reforms that allowed the building of the Trans‐Alaska Pipeline System.     

试论在用汽车排放污染治理的技术路线

在分析化油器的排放污染控制功能以及排放标准和治理技术的对应关系后,提出在用汽车的排放污染治理的技术路线和实施方法。     

我国环境税收制度的现状及对策研究

环境税收通过建立一种经济利益刺激机制,发挥税收的行为激励和资金筹集双重职能,使环境污染和生态破坏的社会成本内化到生产成本和市场价格中去,再通过市场来分配资源,最终实现控制环境污染和改善环境质量的环境政策和法律目标.按照实现可持续发展的要求调整我国现行税制,逐步建立起相对完备的环境税收制度,是我国税法建设的重要目标.根据我国的现实情况,主要对策包括开征环境污染税、改革资源税制和对与环境保护相关的其他税种法的相应条款进行调整等等.     

物证污染防控之我见

物证因现场人为因素的介入,物证污染的发生不可能完全避免。采取适当的物证污染防控措施,力求做到鉴定人员素质专业化、管理标准化、操作规则明确化、责任明朗化,能有效降低物证污染发生的概率。