Environmental and Climate Justice in Palestine

To have a clean, safe, and functional environment is not only essential for the purpose of preservation, but also imperative for safeguarding the most fundamental of human rights. Resolution 45/94 of the United Nations (UN) General Assembly also stresses and acknowledges that: “all individuals are entitled to live in an environment adequate for their health and wellbeing” (United Nations Digital Library System, 1991). Environmental and climate justice, which: “emerged in the context of the local environmental struggles of directly oppressed groups”, is a global movement dedicated to ensuring equal protection of people’s human rights (i.e., water, health, life, etc.) in the face of the climate crisis. Moreover, health, environment and human rights are part of the 2030 agenda (in particular, SDG 1, SDG 5, SDG 6, SDG 7, SDG 13, SDG 16, SDG 17). Individually, both environmental and climate justice are rooted in an intersectional outlook, by which they highlight the common threads between communities and the people’s inclusion, irrespective of race, class, or gender, in the pursuit of justice. On the other hand, they recognise and acknowledge the role and consequences of climate change in economic, social, and political dimensions;thus, drawing emphasis on the rights of people under the emerging inequities. In the case of Palestine, the Palestinian community is increasingly becoming vulnerable to these effects and the resulting inequalities of climate change. This vulnerability stems from: 1) The right to life;clean WASH;equitable work opportunities;access to resources;and free movement;are all examples of human rights that the Israeli colonial regime infringes upon;2) Infrastructure is essential for climate adaptation: 61% of the West Bank is ultimately barred from building infrastructure (B’Tselem, 2019) and Gaza Strip has major gaps in infrastructure due to intentional destruction by Israel;3) Palestinian deprivation of the sovereign right to natural resources by Israel;4) Apartheid system in water accessibility: Israeli water usage per person is over three times higher than that of Palestinians (their usage is under the WHO recommended minimum per day) (B’Tselem, 2023);and 5) Violent settler attacks. In 2022 alone, the Applied Research Institute-Jerusalem (ARIJ) recorded 1527 settler attacks that targeted land, properties, livestock, agriculture and even Palestinian civilians. The ongoing neglect of these concerns and the persistent colonization of Palestine by Israel unequivocally and unwaveringly affect the human rights of Palestinians. The power dynamics at play especially hamper the Palestinian ability to exercise and fulfill their inalienable human rights and to tackle the obstacles to justice in their environment.

Advancement Towards Spatial Justice:The Barrier-Free Environment Construction from a Gender Perspective

Space is both a product and a producer of social relations.In the spatial domain,gender blindness has long existed,limiting women’s rights of access to and use of space,leading to structural oppression of women’s rights,and giving rise to new gender inequalities.The barrier-free environment construction has the functions of eliminating physical barriers and generating societal norms,and when combined with social changes,can facilitate justice correction across multiple dimensions.However,barrier-free environment construction itself,as a means of justice correction,also suffers from gender blindness.There remains room for improvement in the areas of facility construction,information exchange,and social services within the realm of barrier-free environments.In response to this phenomenon,gender equality offers a new critical perspective.Therefore,integrating a gender perspective into the barrier-free environment construction,focusing on the spatial rights of women,especially groups with multiple vulnerabilities,such as disabled women and elderly women,can contribute to the advancement towards spatial justice.

日本修复性司法(Restorative Justice)的理论研究和实践发展

修复性司法是当前日本刑事司法中的一个热点问题。日本学者从修复性司法的含义、特征、产生背景和原因、其与刑罚制度的关系以及同刑事司法的关系等方面对其进行了持续而深入的研究。在实践层面上,目前尚未出现国家层面上的、大规模的恢复性司法实践,但已经产生了一些本土化的非正式的修复性实践形态。

The Spiritual Principles of Restorative Justice and the Efficiency Principles of Modern Capitalism:A Path Towards Reconciliation?

Restorative justice represents a paradigm shift away from a retributive approach to justice to one of restoration as a way of healing the harms to individuals and communities that have been affected by crime.It works from a recognition and acceptance of the interrelationships and interdependencies of individuals within a community.Sustainable development operates from the same point of view,recognizing that to heal and sustain the physical environment,interrelationships and interdependencies must be recognized.In the restorative process,in order for a healing to take place the victim’s voice is made prominent and the offender must take responsibility and be accountable for the harm that has occurred.In the context of more and more acceptance by corporations of the importance of sustainability,and by inference the acceptance of the paradigm shift that sustainability relies on,will corporations become ready to participate in restorative processes?

Judicial Protection and Restorative Justice of the Support Rights and Interests for the Elderly Rights——Taking the Sample of Judgement Documents from 2013-2018 as Analysis Object

The support rights and interests of the elderly is one of the core issues of an aging society.Judging from the judgment documents on support dispute cases in recent years,maintenance disputes mainly occur in the kinship structure of parents and children,the support obligators are mainly men,the content of support is mainly material appeals.In the judicial process,there are some characteristics worth studying,such as lawyers,intervention,judges,thinking,reasoning and expression.In view of this,the current development direction of the judicial protection of elderly’s rights and interests in China should be carried out around the goal of"restorative justice"and efforts should be made,such concept renewal,system improvement and spiritual support prospect.

Environmental Justice through Community-Policy Participatory Partnerships

Geographical information systems (GIS) are often used to design environmental justice (EJ) policy interventions. Leveraging GIS and other graphics, overburdened EJ communities can learn from maps that geographically link environmental burden (EB) and social disparity (SD) data. Visually representing EB and SD data concretizes the unjust distributions of environmental and broader inequitable societal policies. These maps can be used to efficaciously assess EJ disparities created by such policies through exploring socioeconomic characteristics with local communities. Given the great variation in how GIS EJ applications measure and visualize EB and SD, we present a community-based participatory design (CBPD) lens to collaboratively work across overburdened communities and support making EJ data accessible to all stakeholders. Our location proximity approach is a powerful way to assess overburdened EJ communities because it relies on user-predefined boundaries, and it doesn’t use a single fixed unit of reference to prioritize areas of intervention. Moreover, most areal unit applications use ordinal measures, such as percentiles, and multidimensional indexes, which are intelligible to understand by many residents. Leveraging a community-based participatory design methodology, we present our novel Proximity to Hazards Dashboard (PHD) that includes data on asphalt plants and industrial corridors, hazards often missing from state-level dashboards but very relevant for city policymaking, as well as more traditionally used environmental hazard sources. The use of the tool by policymakers and community members suggests that EJ categorization should focus less on procedural benchmarks and more on systemic change for policy impacts in ways that sustain the participatory nature of our approach.

Root Canal Treatment Outcome and Restorative Condition of Teeth Treated by Undergraduates—A Clinical and Radiographic Evaluation

Background: The aim was to evaluate the nonsurgical Root Canal Treatment (nRCT) outcome, the restorative condition and the relationship between the coronal restoration quality and the outcome of teeth endodontic treated by undergraduates at the University of Caxias do Sul School of Dentistry (UCS-SD), Brazil, between 2019 and 2021. Materials and Methods: Data from the endodontically treated cases were retrieved, and the patients were recalled for a follow-up appointment at the university. The endodontic diagnosis, radiographs, and the presence of definitive restorations were analyzed in the clinical records. During the follow-up appointment, endodontically treated teeth were classified as present or absent. The nRCT was classified as successful (complete or incomplete healing) or failure (uncertain or unsatisfactory healing). Coronal restoration was classified as absent or present. When it was present, it was classified as permanent or temporary, and its quality as adequate or inadequate restoration. The results were presented as percentages. Results: A total of 257 teeth were endodontically treated. The most prevalent diagnosis was Chronic Apical Periodontitis (33.33%) and the most commonly treated teeth were premolars (46.15%). A total of 52 (21%) treated teeth were clinically and radiographically reexamined. The success rate for the nRCT was 98.08%. About 61.54% of this sample had a definitive composite resin restoration. Conclusion: The nRCT success rate was high. Special attention should be given to the presence and quality of the definitive restoration. Clinical Implications: There was no statistically significant impact between the coronal restoration and the nRCT success (P > 0.05).

Hepatobiliary manifestations following two-stages elective laparoscopic restorative proctocolectomy for patients with ulcerative colitis:A prospective observational study

BACKGROUND Hepatobiliary manifestations occur in ulcerative colitis(UC)patients.The effect of laparoscopic restorative proctocolectomy(LRP)with ileal pouch anal anastomosis(IPAA)on hepatobiliary manifestations is debated.AIM To evaluate hepatobiliary changes after two-stages elective laparoscopic restorative proctocolectomy for patients with UC.METHODS Between June 2013 and June 2018,167 patients with hepatobiliary symptoms underwent two-stage elective LRP for UC in a prospective observational study.Patients with UC and having at least one hepatobiliary manifestation who underwent LRP with IPAA were included in the study.The patients were followed up for four years to assess the outcomes of hepatobiliary manifestations.RESULTS The patients'mean age was 36±8 years,and males predominated(67.1%).The most common hepatobiliary diagnostic method was liver biopsy(85.6%),followed by Magnetic resonance cholangiopancreatography(63.5%),Antineutrophil cytoplasmic antibodies(62.5%),abdominal ultrasonography(35.9%),and Endoscopic retrograde cholangiopancreatography(6%).The most common hepatobiliary symptom was Primary sclerosing cholangitis(PSC)(62.3%),followed by fatty liver(16.8%)and gallbladder stone(10.2%).66.4%of patients showed a stable course after surgery.Progressive or regressive courses occurred in 16.8%of each.Mortality was 6%,and recurrence or progression of symptoms required surgery for 15%.Most PSC patients(87.5%)had a stable course,and only 12.5%became worse.Two-thirds(64.3%)of fatty liver patients showed a regressive course,while one-third(35.7%)showed a stable course.Survival rates were 98.8%,97%,95.8%,and 94%at 12 mo,24 mo,36 mo,and at the end of the follow-up.CONCLUSION In patients with UC who had LRP,there is a positive impact on hepatobiliary disease.It caused an improvement in PSC and fatty liver disease.The most prevalent unchanged course was PSC,while the most common improvement was fatty liver disease.

基于环境正义的城市空间治理研究和实践进展

基于环境正义的城市空间治理研究与实践已成为国内外城市规划、建设和管理的关注热点话题。文章在界定环境正义与城市空间治理概念的前提下,构建基于环境正义的城市空间治理内涵和认知框架,并利用CiteSpace软件分析基于环境正义的城市治理研究的主题特征和变化情况。针对既有的城市环境不公正问题,文章构建了基于环境正义的城市空间治理内涵框架,从认知正义、程序正义与分布正义3个层面分析环境正义问题,并从治理目标和路径两个方面分别讨论城市空间治理如何迈向环境正义,以期为新时期我国开展以公平正义为目标的高水平城市空间治理提供借鉴。

Methodology of Marx for Ecological Justice

Historical materialism provides a methodology for solving the problem of ecological justice,that is,consciously constructing the socialist power system is the prerequisite and foundation for realizing ecological justice.In essence,the fundamental nature of the socialist power system,namely,“affinity to the people”,determines the realistic possibility of ecological justice.

Marx’s Ontology of Social Power System for Ecological Justice

Historical materialism provides the ontology basis to understand the contemporary ecological justice problem,which is the perspective for analyzing ecological interests from the nature,structure,and transition of the social power system.The transcendence of Marx’s thoughts on western mainstream environmental justice theory lies that it does not based on the“speculative ontology”of metaphysics,but on the basis of“realistic ontology”of social power system.

我国草原分区-分类-分级生态修复模式研究

草原是我国重要的自然资源和生态屏障,草原生态修复是我国生态文明建设的重要内容,也是提升草原生态系统服务功能和固碳潜力的重要途径。已有大量研究针对退化草原提出了多种有效的生态恢复措施,但缺乏系统性和针对性的总结。本文在系统梳理和总结国内外草原生态修复研究的基础上,基于文献计量学的研究方法,总结了我国草原生态修复经历的三个阶段。同时,针对不同区域、不同退化/受损/破坏类型和和不同退化程度的草原,探索和提出了我国草原分区-分类-分级生态修复模式,并对我国草原生态修复的未来发展提出了相关建议,以期为我国草原生态修复和可持续管理提供科学依据和参考。

碳中和目标下矿山生态修复的制度困境与规范调适

矿山生态修复产生的碳减排与碳汇功能,对促进实现碳中和目标能够发挥重要作用。法学视角下,矿山生态修复制度研究应首先完成对相关概念的厘清,并结合碳中和要求界定法律目标。通过实践检视,发现矿山生态修复存在项目设计不科学、资金投入不到位、功能评价不全面、工作管理不严格等阻碍回应碳中和要求的因素。然而,实践上的问题表征根本归因于制度的内生困境,具体表现为矿山生态修复规划逻辑结构失调、多元激励保障失位、标准理性评判失当、监管执行监督失序等方面。因此,响应碳中和目标,应建立完善的矿山生态修复法律体系,以此为基础,优化矿山生态修复规划制度、激励机制、标准规范、监管机制等。

生态修复目标司法确认的类型化构造

生态环境修复目标决定了生态环境修复责任的配置程度。司法确认生态环境修复目标的实践中存在损害前状态和功能的适用不合理、可接受风险水平被基本弃用和具体指向笼统模糊等问题,其原因在于司法中恢复原状思维的影响难以消弭以及现实危害的规制被过度关注。司法应当将生态环境修复目标划分为基线水平、人体健康可接受风险水平和生态环境可接受风险水平,然后根据生态环境的特质确认适宜的修复目标。对于价值较高的生态环境应当将其修复到基线水平,对于价值特殊的生态环境,即便在经济不合理的情况下,也应当将其修复到基线水平。对于人类密切相关的受污染生态环境应当将其修复到人体健康可接受风险水平。当生态环境可接受风险水平较为宽松之时可以考虑将其作为修复目标进行适用。

Climate Justice Dimensions:Approaching Loss and Damage and Adaptation towards a Just City

The escalating occurrence of severe climatic events over the past decade,with a projection for further intensification due to the climate emergency,underscores the critical role of urban and regional planning in climate action towards just cities.Municipalities and regions are both significant contributors to CO_(2)emissions and are vulnerable to the adverse impacts of climate change.This paper contends that urban and regional planning must undergo a paradigm shift to address this challenge.Climate justice,encompassing dimensions of inequality and environmental equity,is a pivotal dialogue in these contexts.Through a comprehensive review,this study contributes to the evolving landscape of climate justice planning and policy,offering insights that could resonate across the Global South and beyond.As an illustrative case,the authors delve into Brazil’s climate challenges,discussing adaptation planning and post-disaster response,and emphasizing the need for localized and community-driven initiatives.This article delves into the interplay between Loss and Damage,adaptation,and just cities,with a focus on the Global South.The authors scrutinize the emerging discourse on Loss and Damage,its associations with climate impacts,and the quest for a just and equitable approach.The work advances the understanding of the distinction between adaptation and Loss and Damage actions,highlighting the significance of a dedicated fund for addressing Loss and Damage in vulnerable countries.

数字司法的法治边界

随着数字经济的加速发展,现代司法发生了基础上的底层变革,在实践中不断涌现的数字司法创新,演绎出数字司法的时代逻辑,形成了新型的数字司法运行机制,使得司法质效获得了空前提升。然而,数字司法也面临着一些挑战和风险,需要在司法能动与司法谦抑、数据业务与数字正义、数字技术与法治人文上进行恰当的“三重”平衡,从而确立数字法治理念,推进司法制度变革,厘定数字正义原则,构建数字正当程序,实现数字司法的形态转型和迭代升级,进而绘就数字法治的“中国图景”。

替代性修复制度的实践困境与优化路径

为了贯彻生态环境损害救济的全面修复理念,替代性修复作为能动司法的智慧成果应运而生。但是运用替代性修复的实践过程中,大量间接补偿生态的修复方式不仅违背环境公平,而且无法实现生态环境恢复的应然目标,根本原因在于其适用前提欠缺规范性解释。为使替代性修复制度回归本位,第一,其“替代”之内涵应理解为对他物进行修复以替代原物;第二,其行为本质应确立为通过直接补偿生态,以提供相同质量的生态环境资源与生态系统服务功能;第三,其关键环节在于选取与受损环境相关联的替代区域和替代要素。完善替代性修复制度的规范构成,首先以直接修复和替代性修复为基础概念,整合环境法律的多重术语;其次以司法解释规定的适用前提为基准,对适用替代性修复予以合理限制。

“命令型”生态环境修复制度的检视与优化

生态环境修复的内涵与属性决定了其主导责任形式应当为行政命令,行政命令的运行原理与生态环境修复过程中的动态性、专业性特征相契合,可以更好地保障生态环境修复的实施成效。当前,我国“命令型”生态环境修复制度存在目标定位不明、实体规范不详、适用程序不清等问题。为充分发挥“命令型”生态环境修复的功能,我国有必要明确“命令型”生态环境修复在生态环境修复制度体系中的目标定位,制定针对“命令型”生态环境修复的法律规范,完善“命令型”生态环境修复的执法程序及保障机制。

废弃煤矸石资源化利用研究进展

随着社会的高速发展,工业废物堆积造成的环境问题日渐严重.煤矸石是一种煤炭开采和洗选过程中产生的典型工业废弃物.其大量堆积不仅占用土地资源,而且还会污染环境,引起地下水污染,造成山体滑坡、塌陷等地质灾害,严重威胁人类生存环境.近年来,“以废治废”模式成为了工业废弃物处置的研究热点之一,也是生态修复的重要研究方向.本文综述了煤矸石资源化利用的研究进展,进一步阐述了污泥改性煤矸石在生态修复与土壤改良方面的进展,为后期煤矸石和污泥的高值化利用奠定基础.

不同生态修复草种对土壤水分蒸散的影响

以紫花苜蓿、结缕草、青绿苔草和无芒雀麦为试材,通过人工草地建植对退化植被进行生态修复,实时监测植被NDVI指数、根系体积、土壤含水量及水分蒸散动态变化,研究不同草种植被覆盖效果及其对土壤蒸散特征的影响,揭示植被土壤水分吸收的主要作用机理,以期为我国北方地区适宜生态修复草种选择提供参考依据。结果表明:4种生态修复草种均可快速增加植被生物量,减少非生长季土壤水分蒸散,但生长季植被生物量增加,土壤水分吸收增强,土壤蒸散明显增加,且不同草地月蒸散量峰值排序为青绿苔草(112.65 mm)>结缕草(107.42 mm)>紫花苜蓿(98.19 mm)>无芒雀麦(86.69 mm)。另外,植被根系分布及其体积变化是土壤水分吸收的关键,根系体积越大,分布越集中,土壤水分吸收能力越强,其中,青绿苔草与结缕草土壤水分吸收的主要区域在0~20 cm土层,紫花苜蓿与无芒雀麦在20~40 cm土层。综上所述,由于生长季植被增加土壤水分蒸散,建议北方干旱缺水地区生态修复过程中尽量选择水土保持能力强但水分消耗相对较少的植物种类,就供试植物优先选择无芒雀麦,其次是紫花苜蓿。