排污权理论及其立法思考

排污权交易是在市场经济条件下促进环境保护事业发展的一种有效的经济的手段。排污权应当被看作是一种财产权 ,我国应建立起适合国情的排污权交易体系 ,通过排污许可证的转让 ,市场机制将在控制环境污染上扮演更重要角色。     

论远红外线在汽车节油降低空气污染方面的原理及实践

波长 3～ 2 0 μm的远红外线光子可以激发汽车燃油中碳氢分子的键能 ,以提高其热燃效率 ,故能增加发动机输出功率 ,并有节油与降低废气排放的功效     

Oil pollution and water conflicts in the riverine communities in Nigeria’s Niger Delta region: challenges for and elements of problem-solving strategies

ABSTRACT

In Nigeria’s Niger Delta, oil pollution has significantly harmed the natural environment on which the local people in the Niger Delta depend for their livelihood and sustenance. The direct consequence of oil pollution is that it has led to multidimensional and protracted conflicts in oil-bearing communities. Drawing on fieldwork data, this article examines the ways in which oil pollution harms water resources and fuels conflicts in the local communities. It explores the socio-economic dynamics of the conflicts and insecurity, and how they are aggravated by the ineffectiveness of the measures adopted by the state to manage the conflicts. It argues that the role of local actors in the ecological dislocation have been downplayed and not factored into the measures devised to tackle the intractable conflicts. This article demonstrates how the network of interactions among localised, national and globalised actors aggravate environmental pollution and the complex conflicts in local communities.     

The governance of shale gas production in South Africa

The proper governance of shale gas mining in the Karoo region of South Africa is important. With an estimated 390 trillion cubic feet of recoverable shale gas, large economic gains are possible. This may dramatically change the South African energy sector; in the United States, similar explorations have led to what pundits term the ‘shale gas revolution’. The development and production of shale gas hold economic advantages, but also potential environmental costs, thus the regulation of fracking activities is an important consideration as the development of shale gas in the Karoo progresses. This study reviews the regulations imposed in other countries as well as the current regulatory framework of South Africa. This article analyses these regulations in terms of the content of fracking fluid, seismic activity and the pricing regime. Effective regulation will be key to maximise a positive impact, should shale gas development continue.     

北京市采取紧急措施控制大气环境污染

北京市的大气环境污染主要来自燃煤引起的污染、机动车排放尾气和地面扬尘污染,市政府为治理大气环境污染制定了18项紧急措施。     

突发性水环境污染事故法律责任追究探析

目前,我国已进入环境污染事故高发期,形势十分严峻,这给保障环境安全带来了巨大压力。强化法律手段是实现水环境质量转变的重要内容之一,充分运用经济、技术和必要的行政办法有赖于强有力的环境法律、法规作为保障和依据。建立突发性水环境污染责任追究体系,刑事责任、民事责任是其中不可或缺的重要组成部分,二者的相互补充,对水环境污染和生态破坏的行为人具有惩罚与震慑作用。     

Market Darwinism vs. Market Creationism: Adaptability and Fairness in the Design of Greenhouse Gas Trading Mechanisms

International rule-making and compliance routines with respect to the Kyoto Protocol are evolving rapidly. This paper examines potential designs of emissions-trading programs by comparing the emissions credit trading (ECT) and cap-and-trade models for achieving cost-effective reductions in atmospheric greenhouse-gas (GHG) loading in terms of their adaptability and fairness. Adaptability is a valuable attribute when markets and their governing institutions are evolving rapidly or when regulated entities do not yet have well-established and predictable compliance routines. Fairness in both procedures and outcomes is central to efforts to establish and maintain institutions of international governance. The key difference concerns the awarding of tradable emission rights, which occurs at the launch of a cap-and-trade program but following when firms reduce emissions below baselines in an ECT scheme. Implications of this difference are explored in terms of institutional adaptability and fairness during program-design stages. By not locking in emission rights at the outset, and by being amenable to incremental roll-out, ECT appears to have superior adaptive and fairness qualities during periods of rapid institutional evolution.     

European air pollution assessments: co-production of science and policy

This paper examines the question whether the scientific knowledge framework produced in the context of the Convention on Long-range Transboundary Air Pollution (LRTAP) can keep its credibility, legitimacy and relevance when used in a different policy arena, e.g. the European Commission (EC) of the European Union. The paper combines a conceptual framework for considering effective assessments with the notion of boundary work and co-production of science and policy to examine differences between the roles and division of tasks between scientists and policy makers in the two different policy contexts. The paper concludes that, despite the differences between the two policy settings, user characteristics and the historical context are to a certain extent similar in LRTAP and the EU Clean Air for Europe Programme (CAFE), and that participants in the two processes partially overlap and tackle the same policy problem. The scientific knowledge framework as developed within LRTAP can maintain credibility, legitimacy and relevance when it is used in CAFE if certain conditions are fulfilled. One condition is the effective functioning of LRTAP, because the CAFE assessment process remains also dependent on the LRTAP process. Data collection and mapping efforts in the context of LRTAP form also the basis for the analyses within CAFE. Furthermore, a broadly embedded scientific basis is needed in the countries to enable each country to follow or relate to the analyses commissioned by the EU. The conceptual framework and concept of boundary work used in this paper turned out to be helpful in focusing on the dynamic relationship between science and policy.

漫谈海洋污染的民事责任和刑事责任

简单介绍国际社会关于油轮溢油、燃油溢油及运输有毒有害物质致海洋污染损害的民事责任与赔偿方面的立法努力以及区域性组织等加强船源污染刑事责任方面的立法,认为对海洋污染实行更苛刻的民事责任制度,设立更高的赔偿责任限额或者干脆取消限额,进行更多的刑事立法等是不可取的,指出规制海洋污染必须体现国际性,并最大限度地避免区域性立法。     

试论我国海洋污染刑事立法

海洋污染严重地威胁着人类的生存环境 ,也给 2 1世纪开发与利用海洋蒙上了一层阴影。全球已充分认识到维护海洋、保护海洋的重要性 ,在海洋环境污染防治上实行广泛、有效的国际合作已成为必要。借鉴国外发达国家对海洋污染的刑事规定 ,结合我国的污染现状 ,及早在我国的刑法体系中确立污染海洋罪是非常必要的。