论检察机关在环境公益诉讼中的法律地位

环境的公共性和检察权的公益性决定了检察机关有义务介入环境公益诉讼。关于检察机关在环境公益诉讼中的法律地位问题,学者们提出了不同的主张。在环境公益诉讼中检察机关只以一种身份出现的观点是片面的,环境公益诉讼的多样性决定了检察机关介入环境公益诉讼法律地位的多样性。在环境公益诉讼中检察机关的恰当角色是,根据案件的类型不同,分别以支持起诉人身份、准原告人身份、公益代表人身份出现,角色混乱将会造成事与愿违的效果。     

Estimation of Benchmark Dose of Lifetime Cadmium Intake for Adverse Renal Effects Using Hybrid Approach in Inhabitants of an Environmentally Exposed River Basin in Japan

The aim of this study is to estimate the reference level of lifetime cadmium intake (LCd) as the benchmark doses (BMDs) and their 95% lower confidence limits (BMDLs) for various renal effects by applying a hybrid approach. The participants comprised 3,013 (1,362 men and 1,651 women) and 278 (129 men and 149 women) inhabitants of the Cd‐polluted and nonpolluted areas, respectively, in the environmentally exposed Kakehashi River basin. Glucose, protein, aminonitrogen, metallothionein, and β₂‐microglobulin in urine were measured as indicators of renal dysfunction. The BMD and BMDL that corresponded to an additional risk of 5% were calculated with background risk at zero exposure set at 5%. The obtained BMDLs of LCd were 3.7 g (glucose), 3.2 g (protein), 3.7 g (aminonitrogen), 1.7 g (metallothionein), and 1.8 g (β₂‐microglobulin) in men and 2.9 g (glucose), 2.5 g (protein), 2.0 g (aminonitrogen), 1.6 g (metallothionein), and 1.3 g (β₂‐microglobulin) in women. The lowest BMDL was 1.7 g (metallothionein) and 1.3 g (β₂‐microglobulin) in men and women, respectively. The lowest BMDL of LCd (1.3 g) was somewhat lower than the representative threshold LCd (2.0 g) calculated in the previous studies. The obtained BMDLs may contribute to further discussion on the health risk assessment of cadmium exposure.     

大学生环境态度对环境政策支持度预测的跨地区研究

Kellert的态度类型量表与Dunlap等人共同编制的新生态范式(NEP)量表分别从两个角度评估环境态度。通过两个量表共同预测大学生对环境态度的支持情况,结果显示环境态度的地区和性别差异显著。西部地区学生环境态度最强烈,而中部、西部地区学生的道德感强于东部学生。不同的态度构成要素能预测对不同环境政策的支持,其中NEP量表的"人与自然"和Kellert量表的"功利主义"对环境政策支持的预测性最强。     

试论民族地区建立“环境侵权责任社会分担机制”的必要性

环境侵权责任社会分担是一种将因环境侵权行为所造成的损失转移到社会,由侵权行为人以外的主体完全或部分分担损失金额的侵权赔偿责任机制。社会连带理论为其提供了正当性基础。从伦理学、经济学、政治学和社会学角度均能证明民族地区建立环境侵权责任社会分担机制的必要性。     

Sensitivity Analysis Using Risk Measures

In a quantitative model with uncertain inputs, the uncertainty of the output can be summarized by a risk measure. We propose a sensitivity analysis method based on derivatives of the output risk measure, in the direction of model inputs. This produces a global sensitivity measure, explicitly linking sensitivity and uncertainty analyses. We focus on the case of distortion risk measures, defined as weighted averages of output percentiles, and prove a representation of the sensitivity measure that can be evaluated on a Monte Carlo sample, as a weighted average of gradients over the input space. When the analytical model is unknown or hard to work with, nonparametric techniques are used for gradient estimation. This process is demonstrated through the example of a nonlinear insurance loss model. Furthermore, the proposed framework is extended in order to measure sensitivity to constant model parameters, uncertain statistical parameters, and random factors driving dependence between model inputs.     

Undercover policing and the spectre of ‘domestic extremism’: the covert surveillance of environmental activism in Britain

The spectre of environmental ‘domestic extremism’ has long been postulated by police leaders and security analysts in Britain. It is a narrative that has justified the commitment of enormous amounts of government resources towards police intelligence work directed at non-violent direct action campaigns. Most controversially, this has included the long-term infiltration of environmental (and other) activist groups by undercover police. This article provides a critical analysis of the justifications put forward in support of the covert surveillance of environmental activists in Britain. The paper proceeds by way of a single case study – a high profile, environmental direct action protest in the north of England – in order to reveal the levels of abuse, manipulation and deception at the basis of undercover protest policing. Through their court case, the activists involved with this action were able to obtain rare insights into the police authorisation documents for the undercover operation that had led to their arrests. An analysis of these documents provides us with a glimpse of the contradictory justifications given by senior police officers for infiltration – now under scrutiny by a public inquiry.     

Accounting for the Performance of Environmentally Significant Behavior: The Symbolic Significance of Recycling

The scientific community has pronounced climate change unequivocal and its consequences disastrous. Yet Americans' behavioral response to the global social problem of environmental degradation has been largely confined to the individual act of recycling. This article examines why Americans are not doing more to address climate change and other environmental issues. Taking a cognitive sociological perspective, I describe how Americans think about environmental issues and pro‐environmental behavior. I draw on Swidler's concept of a “cultural tool kit,” to examine the cultural narratives Americans use to account for the small amount of pro‐environmental behavior they perform. The act of recycling functions as a synecdoche for pro‐environmental behavior in general, allowing individuals to over‐claim the significance of a modest amount of pro‐environmental behavior. I argue that Americans' failure to engage with environmental issues at a collective level is rooted in the individualized culture of American environmentalism.     

Bayesian Treatment of Model Uncertainty for Partially Applicable Models

This article discusses how analyst's or expert's beliefs on the credibility and quality of models can be assessed and incorporated into the uncertainty assessment of an unknown of interest. The proposed methodology is a specialization of the Bayesian framework for the assessment of model uncertainty presented in an earlier paper. This formalism treats models as sources of information in assessing the uncertainty of an unknown, and it allows the use of predictions from multiple models as well as experimental validation data about the models’ performances. In this article, the methodology is extended to incorporate additional types of information about the model, namely, subjective information in terms of credibility of the model and its applicability when it is used outside its intended domain of application. An example in the context of fire risk modeling is also provided.     

环境金融的法律原则探讨

环境金融的出现,是对传统金融业的突破和创新,其实质是通过政府配额与市场机制的双重作用,将环境负外部性内部化从而实现环境利益经济化的过程。中国和世界一样,都面临着以环境为发展成本的巨大代价和应对气候变化的双重挑战。目前的国际交易规则基本上是由发达国家发起制定的,要在与发达国家的利益博弈中得以保全,创建中国的环境金融市场就显得尤为迫切。有市场的存在就离不开法律的调整,而要设计出科学合理的环境金融法律制度,首要问题就是研究并制定国际通行的立法原则。