重大环境污染事故罪能否采纳严格责任

重大环境污染事故的频繁发生,使传统刑法理论上过错责任原则难以适应新的形势要求,不足以有效地保护环境和人们生命财产的安全。我国对重大环境污染事故罪应引入严格责任制度,这在刑法理论和司法实践上都具有重大的价值和意义。     

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。     

2008年《空战和导弹战国际人道法手册》草案亟待解决的几个问题

由美国哈佛大学"人道主义政策与冲突研究"项目负责起草的《空战和导弹战国际人道法手册》形成了第三个版本即2008年1月草案及评注,并着手与美国、中国、法国、比利时、俄罗斯、英国等国家的作战、武器和法律专家进行"双边/地区磋商",以增强"手册"的现实性和适用性。磋商中,专家们发现"手册"草案存在不少问题:如"手册"草案"定位不准";一些原则性问题未能解决好,如习惯规则、创新与重述之间的关系等;一些"立法"技术问题遗漏较多,如某些重要概念内涵的变化、援引文献的权威性等,"手册"是否适用于"非国际性武装冲突"和"外层空间军事活动",以及对"平民直接/实际参加敌对行动"的判定标准等重要问题,有待专家组进一步研究解决。     

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.     

The effect of compressed air foam on the detection of hydrocarbon fuels in fire debris samples

In 1998/99 the New Zealand Fire Service implemented compressed air foam delivery systems for the suppression of fires in rural areas. This study investigated whether the introduction of the foam to the seat of the fire created any problems in subsequent analyses of fire debris samples. No significant interferences from the foam were found when the samples were analysed by direct headspace using activated carbon strips. The only foam component detected was limonene.     

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。     

Suicide by Intentional Air embolism

Venous air embolism occurs when air enters the venous system. The main causes of venous air embolism include medical procedures, neck and head trauma, and injuries of the genitals. Self‐induced suicidal (and intentional) air embolism is extremely rare. The authors report a rare case of a suicidal air embolism committed using a self‐made tool composed of a plastic bottle and an infusion set, injecting nearly 2000 mL of air into the cubital vein. The toxicological analysis suggested that midazolam, together with air, was also injected into the circulation using the same bottle and infusion set.