论修改《环境保护法》的几个问题

贯彻"十八大"关于"大力推进生态文明建设"的精神,将1989年《环境保护法》修改成对我国今后环境资源生态保护工作具有基础指导作用、长期引导作用、全面激励作用的综合性法律、政策性法律。修改后的法律应该是将生态文明建设摆在国家"五位一体建设总布局"突出位置、具有生态法特征的综合性法律;应该申明、宣示和规定环境法的基本理念、基本原则;明确规定公民的基本环境权利和义务,公民有享用清洁、健康的环境的权利,有保护环境的义务;明确规定环境公益诉讼;明确政府的环境责任,健全政府环境责任问责制;规定基本的环境法律制度和重要的环境法律措施,规定政策环境影响评价。     

试论《食品安全法》中关于消费者权益保护的欠缺

消费者是食品链中最大的群体。《食品安全法》的立法之本是为了保护消费者的安全,但是《食品安全法》在消费者权益保护方面却存在很多问题,比如,食品安全概念的狭隘,某些法条难以实施,与其它法律之间互相矛盾等。本文分析了《食品安全法》关于消费者权益保护的欠缺之处,并提出了修改建议。食品药品监督管理总局的成立及食品安全监管部门职能的调整改变了以前分段管理的模式,《食品安全法》要做相应的修改。希望在《食品安全法》的修订过程中可以加强对消费者权益的保护,增加该法的实用性。     

Are the misinformed more punitive? Beliefs and misconceptions in forensic psychology

Misconceptions about psycho-legal issues are widespread and threaten the fabric of our legal system. The present study examines how misconception endorsement is related to tough-on-crime beliefs and sentencing decisions. Two hundred and fifty-six students completed a 50-item questionnaire assessing misconceptions related to forensic psychology and determined sentences in four mock-jury scenarios at the beginning and end of an introductory forensic psychology course. Misconception endorsement decreased significantly from 32% to 21%, with every subscale (police and interrogations, service provision, mental illness, memory and cognition, tough on crime) experiencing a significant decrease from pre-test to post-test. This drop in endorsement is meaningful, as misconceptions and beliefs are typically very difficult to change. Additionally, misconception endorsement was positively correlated with tough-on-crime beliefs and punitive (mock) sentencing. This study provides a valuable resource for endorsement rates of psycho-legal misconceptions and the propensity of individual misconceptions to change. It also makes a strong argument for the usefulness of psychology and law courses in reducing potentially harmful misconceptions and tough-on-crime beliefs.     

Sharing the benefits of biodiversity the Kani TBGRI deal in Kerala,India

Abstract

The United Nations Convention on Biological Diversity (CBD) concluded at the Earth Summit in 1992, mandates that where utilisation of the knowledge, innovations and practices of local and indigenous communities leads to benefits, such benefits shall be equitably shared with the holders of such knowledge, innovations and practices. The study analyses some of the issues that have emerged in the context of a ‘benefit sharing exercise’ attempted by the Tropical Botanic Garden and Research Institute (TBGRI), a research institute based in Kerala, with the Kani tribals of Kerala, pursuant to the development of a pharmaceutical drug, based on the knowledge, information and natural resources that the Kanis have nurtured over many years.

As the case study illustrates, the debate on benefit sharing in the absence of other fundamental rights such as the rights to land, access to the resource and adequate governance structures becomes a limited and myopic exercise. A ‘fair and equitable benefit sharing mechanism’ would therefore call for certain basic pre‐conditions that will be discussed in the course of the study.     

Fisheries management in Jamaica,international perspectives

Abstract

This paper examines Jamaica's efforts to implement of the conservation and management provisions of the United Nations Convention on the Law of the Sea (UNCLOS), bearing in mind that prior to 1982 there was an existing legal framework that sought to address issues relating to fisheries management. More specifically, the paper looks at the issues related to the conservation and management of straddling and highly migratory fish stocks under UNCLOS and subsequent agreements negotiated under the auspices of UNCLOS. It also addresses the problems Jamaica faces with the conservation and management of Queen Conch (Strombus Gigas), in particular, the UNCLOS provisions regarding access to such resource, taking into account the limitations to such access as regulated by the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES).     

The convention on biological diversity: Ten years on and the strategic plan

Abstract

The Conference of the Parties to the Convention on Biological Diversity (Convention) has taken 114 decisions and launched programmes of work to address five biome‐based themes and thirteen cross‐cutting issues. The challenge for the Convention now is to demonstrate, through action and deed, that it is an effective vehicle for implementing this policy. In response to this challenge, the Conference of the Parties at its fifth meeting, in May 2000, decided to initiate a process to develop a Strategic Plan for the Convention that would provide an important mechanism for the implementation of this policy. This Note, which is an abridged version of document UNEP/CBD/MSP/2, has been prepared to assist participants in this Conference to provide more focused suggestions for the development of the Strategic Plan for the Convention.     

A Review of “Setting the Standard: Certification,Governance, and the Forest Stewardship Council”

Abstract

As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis‐à‐vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement.     

Costa Rica's biodiversity law: Sharing the process 1

Abstract

This article assesses the prospects for Costa Rica's new Biodiversity Law. We believe that this analysis could also provide a valuable case study of national implementation of the Convention on Biological Diversity (CBD). The article is not intended to be a primer on the CBD, nor will it defend its precepts. The authors believe that each nation must formulate a legal framework to regulate biodiversity that reflects their unique national circumstances.     

Policing of Political Protest. The Security Police's Control of the Extra-parliamentary Opposition in Sweden During and after the Cold War

Throughout history, those in power have monitored and exercised control over individuals and groups who have been perceived as representing some form of threat to their power. Irrespective of the system of government in place, political crime is a matter of central interest to a society's security police. Political crimes are often committed by extra-parliamentary groups or organizations. The focus of this paper is how the Swedish secret police (SÄPO) have acted against what they have perceived as the extreme left, mainly anarchists and autonomists, during and after the cold war. Did SÄPO's perception of this part of the extra-parliamentary opposition change when the cold war was over in the early 1990s? Were these groups and individuals perceived as the new enemy in the threat vacuum that temporarily arose in the aftermath of the cold war? Furthermore, had the new security concept that was introduced at that time any impact on SÄPO's activities?     

The efficiency of Y-chromosome markers in forensic trace analysis and their inclusion in the Austrian National DNA Database

Y-STR markers are a valuable tool in the analysis of biological traces in which a mixture of male and female trace material is to be expected. It is possible to generate a Y-chromosome DNA profile, even if all the prior sperm tests are negative and no sign of any male component is found in amelogenin. In 38 of a total of 239 sexual offences a perpetrator trace was identified solely using Y-STR analysis. Based on these findings, the Austrian National DNA Database was expanded to include Y-STRs in 2012 with the primary objective to identify serial sexual offences.