二000年国际海事公约立法综述

本文主要对 2 0 0 0年国际上正在制定、讨论的“运输法之本草案”、“船舶燃油污染损害民事责任公约草案”、“雅典公约”修正案、“残骸清除公约草案”及“船员人身伤亡和遗弃”公约产生的背景、主要内容作了综述 ,并对其加以简要评论。     

水域污染的社会学解释——东村个案研究

本文选择太湖流域的东村进行田野调查 ,发现 ,传统社会水域保持清洁的原因是 :农业社会长期形成的生产、生活方式有利于圩田系统的生态平衡 ,并且 ,村落的社会规范及村民的道德意识也有效地约束了村民的水污染行动。 90年代以来 ,东村及其周围水域被迅速污染。水域污染问题主要不是科学技术问题 ,而是经济社会问题。利益主体力量的失衡、农村基层组织的行政化与村民自组织的消亡以及农村社区传统伦理规范的丧失是造成水域污染的主要原因。与市场经济体系相适应的法律制度建设是解决水污染问题的根本途径     

The Evolution of the Theoretical Foundations of Punctuated Equilibrium Theory in Public Policy

Punctuated equilibrium theory in public policy replicated from biological punctuated equilibrium theory has concluded that public policies alternate between stasis and punctuation. However, recent research on Pacific Northwest forest policy, U.S. state tobacco policy, and U.S federal auto efficiency policy have found no punctuations despite an attempt to do so. What is the efficacy of using biological punctuated equilibrium theory to also explain punctuated equilibrium in public policy? Significant differences exist between biological and public policy punctuated equilibrium theory including time frames for change, what constitutes outside disturbances of equilibrium, venues of punctuated equilibrium, levels of analysis for change, and patterns of change. Most policy research on punctuation has focused on the “tone” of media coverage related to change. Some recent studies concluding no punctuation occurred have focused on government action or inaction. Proving strong inference in scientific research requires a clear and viable syllogism linked to appropriate methodology. Both of these crucial elements are now in question in punctuated equilibrium research in public policy.     

The Case for the Development of Public Transit in an Urban Boundary Rural Area

Individuals' preferences for automobiles are often taken for granted in our auto centric society. This study attempts to determine if commuters in a city located beyond the fringe of a metropolitan area are willing to use public transit if it is developed and what are the socioeconomic and attitudinal factors that influence individuals' decision to use such a service. Analyses of survey data reveal that preferences exist for public transit service, which can be partly attributed to individuals' concerns regarding rising gasoline prices and air pollution, and is particularly noticeable among those who are educated and/or belong to a younger age group.     

When soft regulation is not enough: The integrated pollution prevention and control directive of the European Union

Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the “hollowing out” of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU.     

Political ideology and nuclear energy: Perception,proximity, and trust

Political ideology is an increasingly powerful force in support of public policy. Historically, nuclear energy has found more support among political conservatives. This study updates the literature on political ideology and support for nuclear energy by examining how political ideology is associated with perceptions of nuclear energy and trust of nuclear information sources. After excluding participants with incomplete data, and participants within 50 miles of a nuclear reactor, the analytical sample size for the analysis examining political ideology and perceptions of nuclear energy was 4153. The analytical sample includes a total of 1035 participants within a 50-mile radius of INL, 710 participants from within Idaho who lived further than 50 miles from INL, 1899 participants from other states (more than 50 miles from a nuclear reactor), and 509 Non-Idaho participants living within 50 miles of a nuclear reactor. Logistic regression was used to determine how political ideology was associated with perceptions of nuclear energy and trust in different sources regarding radioactive waste, after controlling for demographics and location. While liberal participants near INL were less favorable towards nuclear energy, and more trusting in impact scientists to tell the truth about radioactive waste than their conservative counterparts, this was not consistent across the US. Our findings reveal the complexity of political ideology and the perceptions of nuclear issues and how proximity influences perceptions. The perceptions of political moderates were particularly important in providing a more complex understanding of political ideology and nuclear energy issues.     

公害民事侵权行为的违法性问题

公害民事侵权责任是一种特殊的侵权民事责任,其在构成要件上有别于传统民事侵权责任,在学术界,对公害民事责任的构成要件基本上形成了“三要件”通说。文章对公害民事侵权责任构成要件中,是否把行为“违法性”作为必要要件进行了探讨。     

热污染损害赔偿之我见--从司法实例谈起

文章对一起“热污染”案件的判决依据和结果提出了质疑 ,该案中法院认为 ,我国目前对热污染没有相关规定 ,把该案定性为“热污染”案件无法律依据 ,但被告确实给原告造成了损失 ,依据民法相邻关系准则和公平原则 ,给予原告一定的补偿。作者认为 ,我国关于热污染并不存在立法“空白”,只是不完善而已 ,将本案定性为热污染损害侵权案件有法律依据 ,本案应按污染侵权案件的规则处理 ,如无过失责任、举证责任倒置和因果关系推定等规则 ,这样的处理结果更符合立法精神 ,更趋公平。     

环境污染责任构成要件再探讨——兼评《侵权责任法》的相关规定

《侵权责任法》明确了环境污染侵权责任不以行为具有违法性作为构成要件,在法律层面上明确环境污染侵权责任的因果关系推定规则是对我国传统侵权责任法的突破,具有重要的理论和实践意义。但在损害要件上的矛盾态度、环境污染预防性责任适用时的违法性考量及部分条款之间存在的逻辑上的不周延也是需要进一步探讨的问题。     

Science and International Environmental Nonregimes: The Case of Arctic Haze

Dimitrov et al. argue that nonregimes are a worthy object of research attention that can contribute to international regime theory. Case studies, however, are still sparse. In this article, I examine Arctic haze, an issue area where a transnational environmental problem existed but no regime formed. Arctic haze was (re‐)discovered in 1971 but by 2000, the window of opportunity to form a regime had closed. What factors explain why an Arctic haze regime was not formed between 1971 and 2000? I claim science‐based factors play the dominant role. An analytical approach applicable to the science‐policy interface was employed. Using this approach, I conclude that the Arctic haze nonregime is best explained by the absence of scientifically documented and compelling transboundary consequences to ecosystems and humans. This is a product of the unique nature of the Arctic atmosphere.