“地震预警”法律概念的构成及延展

“地震预警”法律概念是讨论和规范地震预警相关行为的基础,也是地震预警立法首先要明确的问题。目前,国家层面尚未制定专门的地震预警法律法规,地方已经颁布的管理办法中对“地震预警”法律概念的规定也不完全一致。随着地震预警立法进程的不断推进,“地震预警”法律概念的确定和统一愈发重要和迫切。“地震预警”法律概念应涵括其技术属性和社会属性,秉持完整规范、避免歧义的原则,将时间、空间、机理和影响等要素排列组合而成。为深入理解这一概念,本文还讨论了发布主体、预警客体、技术服务、法律责任等地震预警法律规范的基本内容。     

The public trust doctrine and critical legal geographies of water in California

Legal processes shape how water resources are allocated, regulated, distributed, and governed. This paper examines the public trust doctrine, a legal principle that addresses the state’s role in governing natural resources by requiring states to manage certain bodies of water and their shorelines for the good of the public. The paper focuses on how the public trust doctrine has been used—with varying degrees of success—to protect water bodies by contesting the diversion and transfer of water in California. The paper compares how the doctrine was applied in two cases: Mono Lake and the Salton Sea, two California lakes that have been threatened by water diversions and transfers. Advocates at Mono Lake successfully used the public trust doctrine for environmental protection, while public trust was an unsuccessful strategy at the Salton Sea. The paper examines issues of nonequilibrium ecosystems, natural versus artificial ecosystems, and wasteful versus reasonable uses of water.By investigating why one case was deemed eligible for public trust protections while the other was not, this paper examines how discursive constructions of nature are embedded in and enacted by legal institutions and how these constructions of nature impact the implementation of legal protections of natural resources. In examining the use of the public trust doctrine in California, the paper examines both the potential and the limitations of the public trust in practice, showing how legal processes and institutions can be used to protect public interests in natural resources but also how particular environmental narratives are reinforced through these institutions.     

The infusion of sustainability into bilateral fisheries agreements with developing countries: The European Union example

The EU's bilateral fishing policy towards developing third countries has evolved over the years to increasingly emphasise sustainability, culminating in 2002 with the release of a ‘fisheries partnership approach’. The Community has begun to operationalise the policy in various West African coastal states, where its new fisheries partnership agreements are intended to function as ‘development vectors’. This paper introduces the EU's new policy, examines its potential implications for the role of sustainability in future bilateral fishing relations and highlights the impetus for it with reference to analysis of the EU's most recent agreement with Senegal based on empirical research.     

辽宁省海洋服务新业态培育与法律保障研究

海洋服务业已成为海洋经济发展的重要引擎,"十三五"时期是辽宁省海洋经济加快转型升级的关键期,要求培育新动能、发展新模式。因此,培育海洋服务新业态对辽宁省海洋经济发展具有重要意义。文章针对辽宁海洋服务业发展滞后,规模偏小、区域发展不平衡,同质化严重、科技含量低,层次相对低下、与其他产业融合不足,资源整合较差等问题,提出培育海洋服务新业态重要路径为:积极发展四大产业,提高经济规模总量;优化产业区域布局,形成错位发展;提高科技含量,提升海洋服务业层次;促进海洋服务业与其他行业融合协调,提升资源整合度。法律保障措施为:完善法规体系、严格项目审批、提高执法水平、健全应急管理。     

Using Memoranda of Understanding to facilitate marine management in Canada

Like many other coastal states, management of Canada’s offshore areas is complicated by the division of authority among differing government departments and agencies. However, as a Confederation, this administrative complexity in Canada is further exacerbated by the jurisdictional division of powers between the Federal Parliament and the Provincial Legislatures. The most common tool for overcoming this division and facilitating cooperation are formalized non-binding agreements known as Memoranda of Understanding (MOUs). While there are a large number of MOUs in existence in Canada, few are being implemented. In part, this is because the non-binding nature of the agreement means that either party may discard their obligations at will. This has led to many useful MOUs being discarded and years of work and resources expended negotiating these agreements being wasted. This paper discusses the findings from three such agreements, each focusing on efforts to manage Canada’s offshore resources. It highlights the importance of six factors capable of increasing the likelihood that any given MOU aimed at collaboration between different authorities will be successful. These factors include: a foundation of cooperation, clear statement of priorities, feasible and adaptable work plans, integration at various management levels, a legislative foundation, and adequate financial resources.     

宣传贯彻《矿产资源法》促进依法治矿

《矿产资源法》颁布实施五周年,通过宣传贯彻,增强了广大干部、群众依法办矿的法制观念,推动了各项矿管工作的开展,依法办矿的矿山取得了采矿权,非法采矿的小矿山被关闭,违法行为受到查处,矿管部门的声望越来越高,促讲了依法治矿。宣传贯彻《矿产资源法》要领导首先学法,提高认识,加强领导,建立一支专兼结合的宣传队伍,采取多种形式有重点地进行宣传教育。我国、我省面临矿产资源形势是严峻的,浪费矿产资源的现象仍存在,要继续深入宣传贯彻《矿产资源法》。     

试论非法占用湿地行为承担法律责任及湿地立法建议

介绍了非法占用湿地行为及湿地的概念,阐述我国立法保护湿地的现状,探讨非法占用湿地行为应承担法律责任的现状以及我国现行湿地管理法律体系存在的缺陷,呼吁尽快出台湿地保护专门法律,并提出湿地立法建议,旨在为我国保护湿地立法提供参考,同时也为林业执法、司法提供理论依据。     

试论加入WTO后我国海洋文化发展的法制意识趋势

在漫长的旧社会 ,由于各种原因 ,使得我国沿海地区居民的法制意识比较淡薄。我国加入WTO后 ,经济生活乃至社会生活将要严格遵守规则 ,从而也将促使我国沿海地区的法制意识增强。     

Law of the sea and ASW: National security versus arms control

The law of the sea has always been open to the charge of being a ‘covenant without a sword’ and its effectiveness when challenged by the perceived national security of a superpower is questionable. Attempts to limit and control antisubmarine warfare (ASW) have demonstrated that neither superpower is prepared to risk its second-strike capability for what may be an illusory legal protection. This article reviews developments relevant to ASW in the law of the sea and describes the significance of ASW to the superpowers' strategic objectives. The authors conclude by stressing the urgent need for effective arms control.     

Constructed peer groups and path dependence in international organizations: The case of the international climate change negotiations

International organizations sometimes institutionalize country groupings by specifying differentiated commitments that may, in turn, affect negotiation dynamics. Drawing on incentive-based and socialization arguments, we develop a “constructed peer group” hypothesis suggesting that by creating these groups those organizations may actually construct new lines of confrontation over and above the substance-based disagreements existing between countries. This generates a particular type of path dependence, rendering broad-based international agreements more difficult in the future.We analyze this question at the example of the United Nations Framework Convention on Climate Change's increasingly politicized split between Annex I and non-Annex I countries. Using a self-coded dataset of country oral statements during the negotiations between December 2007 and December 2009 we assess whether Annex I membership influences a country's stance toward other countries’ arguments, while controlling for country characteristics that may drive their preferences and the affiliation to Annex I. We find that the split between Annex I and non-Annex I has indeed influenced negotiation behavior and amplified the divide between developing and industrialized countries in the climate negotiations.