Norms of International Law on Environmental Protection in Wartime: Application and Improvement

The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.

Implications of Declining Ground Water and Water Quality in the US Southeastern Coastal Plain Ecoregion and Areawide Environmental Impact Statement Required for Mining in the Greater Okefenokee Swamp Basin—Part 1

Karst aquifers occur worldwide and exhibit groundwater flow responses that differ considerably from aquifers lacking fractures, bedding planes, and other karst conduits where significant and rapid groundwater flow can occur. The regional, karst Floridan aquifer system underlies the United States (US) Southeastern Coastal Plain Physiographic Region and exhibits hydrologic interconnections with overlying surficial aquifers and throughout other zones of the aquifer system, as is characteristic of other karst aquifer systems. Anthropogenic groundwater declines in this regional karst aquifer system have been documented in published literature for decades, but the impacts of those declines in this coastal plain region and the embedded ecosystems that provide essential and critical habitat for native, endemic, and federally endangered and threatened species have not been considered previously. Those anthropogenic groundwater declines reduce surfacewater levels and flows due to the capture of both groundwater and overland flow of surfacewater, resulting in induced recharge through semi-confining zones and interbasin flow through fractures and other karst conduits. This case study identifies examples from the Greater Okefenokee Swamp Basin study area and comparison areas of how those declines result in loss of historic base flow to surface waters and other capture of surface waters, ultimately increasing saltwater intrusion. Those results alter and degrade the physical, chemical, and biological integrity of the nation’s waters, in violation of the US Clean Water Act (CWA) of 1972. Historic groundwater declines from mining and other anthropogenic groundwater withdrawals from this regional karst aquifer system already threaten the survival and recovery of federally endangered and threatened species, as well as existing and proposed critical habitat for those species within this regional extent, in violation of the Endangered Species Act (ESA) of 1973. This case study and its companion publication (Part 2) appear to be the first to provide scientific support for this regional karst aquifer system as the unifying factor in habitat responses to irreversible groundwater impacts on aquatic and marine ecosystems. These adverse impacts strongly suggest that the extent of the regional Floridan aquifer system should be designated as the Southeastern Coastal Plain Ecoregion for the purpose of managing natural resources. Mining activities continue to expand in our study area, which is the Greater Okefenokee Swamp Basin. Despite that fact, no comprehensive Areawide Environmental Impact Statement (AEIS), similar to the AEIS required for phosphate mining within the Central Florida Phosphate District (CFPD) approximately a decade ago has been conducted for any of the numerous mining projects that are occurring and are proposed within the Greater Okefenokee Swamp Basin. This case study also provides examples of why a comprehensive AEIS is essential to consider all of the adverse direct, indirect, and cumulative impacts of those mining activities to the CWA, the ESA, and the irreversible losses to local economies, because federal agencies responsible for considering those adverse impacts rely on public comments to identify those adverse impacts. The mining activities authorized throughout the regional Floridan aquifer system under Category 44 Nationwide Permits (NWP) result in the same type of adverse impacts as the mining activities evaluated under Individual Permits in that region. Therefore, those Category 44 NWP mining activities also should be required to obtain Individual Permits and be evaluated under an AEIS in the Greater Okefenokee Swamp Basin. This case study also describes how Florida’s assumption of the CWA Section 404 regulatory authority in 2020 severs four sub-basins within the Greater Okefenokee Swamp Basin study area at the state line between Florida and Georgia.

Medium-term and Long-term Environmental Economic Policies on Thermal Power Industry in China Seen from the New Environment Protection Law

In the newly revised Environmental Protection Law of the People's Republic of China that has been implemented since January 1,2015,there is a lot of emphasis on environmental economic policies. In this paper,according to the current situation of environmental pollution and protection in thermal power industry,it is proposed that based on the new environmental protection law,it is needed to study various environmental economic policies on thermal power industry and analyze the effects on environmental cost of thermal power enterprises at the macro level. At the micro level,it is necessary to control environmental cost of thermal power enterprises effectively,and establish a suitable environmental management system for environmental economic policies including environmental cost accounting and trading of emission rights,thereby improving environmental management level of thermal power enterprises.

Legislation Characteristics and Implementation Recommendations for Ecological and Environmental Protection Regulations on Qinling Mountains in Shaanxi Province

This paper analyzed status and significance of Ecological and Environmental Protection Regulations on Qinling Mountains in Shaanxi Province in structure of Shaanxi local environmental laws.Theses Regulations have two outstanding characteristics:firstly,integrated protection and development,accurately regulating and guiding relation coordination;secondly,attaching great importance to using economic means to protect ecological environment and provide basis for administration according to law.It came up with specific methods for speeding up formulation of Regulations,making effort to explore implementation cases for development of Guanzhong economic zone and Qinling Mountains ecological protection,establishing methods and systems for ecological and environmental protection follow-up monitoring and evaluation of Qinling Mountains,and raising these Regulations to national laws of Ecological and Environmental Protection for Qinling Mountains.

Does Environmental Laws and Policies Work?A Review Of Ghana’s Case

Enforcing environmental laws and policies has been one of the pressing agenda globally.Despite the mandate given to the Environmental Protection Agency(EPA)by the Act 490,there are still numerous environmental issues unaddressed in Ghana.This paper is geared towards unravelling and identifying the current additions that have been made to existing literature on environmental laws and policies in Ghana.This paper made a wide-ranging general literature review to outline significant contributions concerning environmental laws and policies.Numerous environmental laws and policies were identified but have been fragmented and are not codified in a particular document.It is evident from the review of literature existing that there are still areas for advanced research on the topic of environmental laws and policies placing more emphasis on institution concerned with environmental issues at global level.The study recommended the need for capacity building for environmental personnel and data due to the numerous technological advancement to better assist the implementation and enforcement of environmental laws in Ghana.

The Ministry of Environmental Protection Issued the Technical Guide for Pollution Prevention and Control of the Pulp and Paper Industry

In order to implement the Environmental Protection Law of the People’s Republic of China and improve the quality of the environment,to implement the Notice of the General Office of the State Council on Issuing the Implementation Plan for the Control of Pollutant Discharge Permit System(the General Office of the State Council issued[2016]No.81),to establish a sound available technology system in pollutant discharge standard basis and to promote the upgrading and reforming of pollution prevention measures and technological progress in enterprises and institutions,on January 5th,2018,the Ministry of Environmental Protection issued the National Environmental Protection Standard Available Technology Guide for Pollution Prevention and Control of the Pulp and Paper Industry(HJ 2302—2018).

The Ministry of Environmental Protection Issued the Paper Industry Pollution Prevention and Control Technology Policy

In order to implement the Environmental Protection Law of the People’s Republic of China,improve the environmental technology management system,guide pollution prevention and control,ensure human health and ecological safety,and guide the green recycling and low-carbon development of the paper industry,on August 2nd,2017,the Ministry of Environmental Protection issued Announcement No.35 2017 Paper Industry Pollution Prevention and Control Technology Policy as follows.

Macro Impact of the Law on Prevention and Control of Atmospheric Pollution on Power Industry Development

The newly revised and enlarged main contents of the Law of Prevention and Control of Atmospheric Pollution are described, The macro impacts of the law on the power industry development are analyzed mainly in respects to power demand and readjustment of power structure and layout. clean production and pollution control level, scientific management of environmental protection, in accordance with law as well as changes of construction and operation costs. And finally, several questions worthy to be noted in course of implementation of the new law are enumerated.

Study on Regulatory Issues of Environmental Laws of Rural Tourism in China

In recent years, rural tourism in China vigorously developed, which promoted economic and social development in rural area. However, serious environmental problems appeared in the development process of rural tourism since rural tourism lacked effective and comprehensive super- vision. These environmental problems included environmental pollution and ecological damage. However, environmental legal system about rural tourism had many problems, such as the lagged legislation, the absence of law enforcement supervision, imperfect judicial system and weak law- abiding awareness. Therefore, it became the solution to solve environmental problems brought by rural tourism in China, and was also the safe- guard for promoting sustainable development of rural tourism in China to establish a sound legal system for rural tourism, implement strict law en- forcement supervision of rural tourism, build litigation system of environmental public interest and enhance law-abiding awareness of rural tourism. For legal defects of regulating rural tourism and its induced environmental problems in China, we tried to perfect regulation of environmental law for rural tourism in China.

Costs and Benefits of China＇s Environmental Regulation

This paper examines the current costs, benefits and intensity of China＇s industrial environment regulation, as well as the path of regulatory enhancement. Regulatory intensity has been on the rise since 1997. The intensity was only 43 in 1997 and then reached 68 by 2007. This paper for the first time compares the treatment costs at the front and rear ends of pollution chain, employs the concept of regulatory benefit multiplier, and calculates the benefit multipliers for different pollutants. Results indicate that enhanced environmental protection since 1997 makes social and economic sense, particularly for the front end treatment of various pollutants since 2004, which have considerable economic benefits. After comparing the benefit multipliers, we have prioritized the pollutants for regulatory consideration： environmental regulation shouM be made tougher for waste water first, and then dust and fumes, followed by SO2 and lastly CO2. This will help to achieve the best environmental outcomes while incurring no additional economic costs.

On the Criminal Law Protection of the Marine Ecological Environment

With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecological environment.How to effectively measure the criminal law protection of the marine ecological environment and take effective measures Measures to deepen the effects of marine ecological environmental protection have become one of the focus topics of widespread concern in the industry.Based on this,this article first introduces the protection of marine ecological interests in China’s criminal law,analyzes the necessity of adjusting the ecological environment in criminal law,and discusses the deficiencies in China’s marine legal system and combines relevant practical experience to improve the marine environment.Various angles and aspects,such as laws and regulations related to resource crimes,put forward the basic approach to strengthen the criminal law protection of the marine ecological environment,and hope to help the practice of related work.

Analysis and Extent of Santa Fe River Flooding in North Florida Attributed to Rainfall and Wind Damage Associated with Hurricane Irma

The Santa Fe River (SFR) is within the north Florida area of the regional Floridan aquifer system. The extent of recent flood damage in the SFR and tributaries in Bradford County has been attributed to rainfall and wind damage to trees associated with Hurricane Irma, September 2017. Implications of the determined cause of a disaster can include the allocation of disaster relief funds. Bradford County, Florida obtained approximately $2.5 million from the United States Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) for emergency flood abatement assistance and $255,875 from the Suwannee River Water Management District (SRWMD), combined with $13,750 in-kind match provided by the county, based on the attributed cause of that damage to rainfall and winds from Hurricane Irma. On January 2, 2018, Bradford County commissioners also approved grant applications to the SRWMD for $2.2 million for Alligator Creek Flood Mitigation and for $90,250 for Hampton Lake Canal to Santa Fe River Flood Mitigation, requiring in-kind matches from the county of $110,000 and $4750, respectively. Our study analyzed historical precipitation data for the SFR Basin and headwaters from 1895 through 2017 and recorded discharge and gage heights from the United States Geological Survey (USGS) to evaluate that presumed cause of flood damage in that basin and to provide a better understanding of historical relationships between precipitation, gage data and flooding in that basin. Recorded USGS peak gage height and Digital Elevation Models (DEMs) also were used to illustrate the lateral extent and relative depth of flooding associated with an extreme precipitation event in the lower SFR vicinity of O’Leno State Park. Finally, we evaluated the condition of the trees in the SFR Basin as an indicator of long-term anthropogenic groundwater alterations. Those data and analyses did not support the conclusion that Hurricane Irma was the only cause of the magnitude and extent of SFR flooding and tree damage in Bradford County and adjacent counties. Other contributors to stream flow in the SFR basin include heavy mineral mining wastewater discharges that have exceeded the maximum discharge volume of “40 million gallons a day” (MGD) under the National Pollutant Discharge Elimination System (NPDES) permit issued by the Florida Department of Environmental Protection (FDEP) to the Chemours Company TT LLC (Chemours, formerly DuPont) for Trail Ridge mining operations. The magnitude of those discharges suggests that those discharges and extensive Trail Ridge mining in Baker, Bradford, Clay, and Duval Counties contributed to the flooding and were a factor in the tree destruction in the SFR Basin.

Protection of Environment in Serbia:Responsibility for Ecological Economy Offences

A new system of protection,regulation,and improvement of environment has been introduced in Serbia since 2004,on the basis of numerous fatified universal and regional international documents.Preventive measures having the aim to prevent the possibility of jeopardizing,endangering,or pollution of the environment as a whole or some of its segments like air,water,soil,flora,and fauna have a special importance in the system of ecological protection of biodiversity.However,in case when such preventive measures are not sufficient or efficient,ecological values are protected from different forms of violation and jeopardizing by prescribing ecological delicts like:criminal offences,economic felonies and offences.These delicts having wide range of measures,sanctions,and actions lead by competent courts(general,economic,or misdemeanor)for natural and legal persons,i.e.enterpreneurs,should provide efficient,quality,and legal ecological security,that is its protection from economic offences and that is what this paper is about.

关于加强我国古籍保护法治建设的若干思考

做好古籍保护与利用,对赓续中华文脉、弘扬民族精神、增强国家文化软实力、建设社会主义文化强国具有重要意义。近年来,国家高度重视古籍工作,古籍保护立法工作已经取得一定成效,但仍存在文物保护相关法律法规无法完全适用、古籍相关规定较为宏观或效力较低、实践中仍有大量实际问题需要法律保障等问题。基于此,建议优先选择行政法规作为古籍保护立法的突破口,尽快推动《古籍保护条例》出台;平衡与已有法律法规和政策文件之间的关系;针对古籍保护利用中的实际需求和问题进行立法。表2。参考文献14。

环境规制影响企业税收规避吗?--基于新《环保法》实施的准自然实验

作为重要的命令控制型环境规制工具,新《环保法》实施对企业经营产生了广泛的影响。以2010-2020年我国A股上市公司为样本,利用新《环保法》这一外生冲击事件,采用双重差分模型检验环境规制对企业税收规避的影响。结果表明,环境规制趋严促使企业提高税收规避程度。机制检验表明,环境规制导致企业融资约束程度和经营风险增加。进一步分析发现,环境规制与税收规避的正相关关系主要存在于融资难度较高和经营压力较大的企业,新《环保法》实施情境下的企业避税行为提升了财务业绩和企业价值。研究结论提供了微观企业如何应对宏观环境规制的经验证据,为政府部门结合税收政策优化环境政策提供了参考。

全面注册制下投资者保护的制度逻辑与发展方向

证券法无论采用发行核准制抑或注册制,都以保护投资者为立法宗旨。不同于核准制下的父爱主义保护元素,注册制表达的是“卖者尽责”下的“买者自负”理念,提高了资本形成效率,弱化了前端行政审核。全面实行注册制下投资者保护的制度逻辑发生转变,需要根据证券发行市场化的特点,结合证券发行、交易和责任的逻辑关系,重新梳理投资者保护的制度体系,明确投资者保护制度的发展方向:在前端,应当以证券发行信息披露为核心,强化发行人在信息披露中的第一责任人地位,避免证券监管机关过度介入证券发行,督促保荐人等中介机构切实履行“看门人”职责;在中端,应当引入“证券市场透明度”目标,形成“身份透明”“交易前透明”和“交易后透明”的交易机制,夯实证券市场公平交易的基础;在后端,则应完善证券执法结构,提升证券执法效率,提升民事救济措施的有效性。

新《环境保护法》实施对产能过剩的影响研究

产能过剩已成为阻碍中国经济高质量发展的深层次问题。以沪深A股上市公司为研究对象,考察新《环境保护法》实施对产能过剩的影响。研究发现:新《环境保护法》实施缓解了企业产能过剩,且新《环境保护法》实施对产能过剩的影响,在大型企业、机构投资者持股比例较高和市场化程度高的样本中更为显著;新《环境保护法》通过促进企业技术创新和抑制过度投资影响产能过剩;新《环境保护法》实施可以通过缓解产能过剩,提升企业长期价值,而不能提升企业短期价值。

页岩气开发过程水资源管理及水环境保护对策探讨

水力压裂和水平钻井技术是页岩气高效经济开采的关键,随着页岩气大规模商业性开发,会带来水资源大量消耗、地表水与地下水污染风险等水环境问题,可能造成页岩气开发区域内水环境影响。为此,本文系统对比研究了中国、美国、加拿大的页岩气开发水资源管理、水环境保护、监管制度相关的环保法规与标准规范,在借鉴北美页岩气开发的环保经验基础上,结合我国页岩气开发过程面临的水资源管理问题,以及国内页岩气企业在水管理中的实践经验,分别从取水用水、废水处置、水污染预防和控制三个方向提出水资源管理及水环境保护措施建议,目的在于促进页岩气企业规范水资源保护措施,改进清洁生产工艺、采用先进的技术与设备、不断改善管理水平,源头削减新鲜水消耗,减少处置风险,提高水资源循环利用效率,最大限度缓解页岩气开发中的用水问题。

法成令修:新《环保法》对债券定价的影响研究

本文将环境规制效应延伸到债券市场,以新《环保法》的实施作为准自然实验,采用双重差分法考察环境规制对企业债券信用利差的影响。研究发现,新《环保法》的实施能够显著提高重污染企业债券信用利差。将债券信用利差分解为流动性利差和违约利差之后发现,新《环保法》的实施显著提高了债券违约利差,对流动性利差未产生显著影响。机制检验表明,新《环保法》的实施对债券信用利差的提升作用主要通过处罚效应、投资者情绪效应以及资源效应来实现。异质性分析发现,新《环保法》的实施对债券信用利差的作用会随着客户集中度的降低、社会关注度的提高以及企业积极改善自身环境绩效而减弱。本文的研究对评估新《环保法》的经济效果,推动政策进一步精准发力,实现经济绿色转型具有一定的参考意义。

环境规制与资本跨地区流动——来自新《环保法》实施的证据

本文利用2010—2020年中国上市工业企业的异地投资数据,实证检验了新《环保法》的实施对资本流动的影响。研究发现,新《环保法》的实施能够显著减少重污染企业异地投资的策略性行为,主要作用途径是加强外部资源约束和推动内部策略合规。进一步研究表明,新《环保法》的实施在减少污染转移的基础上,提高了重污染企业的创新效率和创新数量。本文在全面畅通国内大循环的战略背景下,为构建高质量的资本流动格局提供了政策启示。