中国丹霞的世界遗产价值及其保护与管理

2010年8月1日,世界遗产委员会批准了贵州赤水、福建泰宁、湖南崀山、广东丹霞山、江西龙虎山和浙江江郎山6个国家级风景名胜区以＂中国丹霞＂系列提名的形式列入世界遗产名录;同时,在中国诞生和发展起来的丹霞地貌获得了国际认可,填补了世界遗产在地貌类型上的空白。在中国丹霞申报阶段,规划提出6省组建＂中国丹霞世界遗产保护管理委员会＂、＂中国丹霞世界遗产专家委员会＂和＂顾问委员会＂;同时,制定了遗产地突出普遍价值的保护、分级与分区保护、环境保护、旅游管理、居民参与和社区发展、宣传与展示、科学研究、遗产地监测等保护与利用方案,提出了财政与法律保障、行动计划和预算方案等。上述规划在遗产申报和申报成功之后陆续得到实施。     

A challenge to dam improvement for the protection of both salmon and human livelihood in Shiretoko,Japan’s third Natural Heritage Site

The Shiretoko Peninsula was placed on the World Heritage List in July 2005 as Japan’s third Natural Heritage Site, being valued for its unique ecosystems formed by the interaction between marine and terrestrial environments. Prior to its listing, however, the International Union for Conservation of Nature and Natural Resources requested the development of measures to allow for the free movement of salmonids through the nominated area via artificial in-stream structures. This report introduces a pioneering effort to modify check dams in order to improve ecosystem linkages. The River Construction Working Group has intensively discussed and implemented restoration projects for 3 years, and the results have been monitored after implementation. Of 44 streams within the Shiretoko World Natural Heritage Site, 14 streams have had one or more in-stream structure(s) built. A total of 123 structures, mainly soil conservation dams, are distributed sporadically in these streams. Following assessment, the Working Group concluded that it would be reasonable to modify 31 structures in five streams, including 18 structures that were to be modified before listing. The most suitable design that met local stream conditions was selected, after accounting for salmon passage, adverse impacts on stream environments above and below the construction sites and on fishing grounds, efficiency of construction, and ease of postmodification maintenance. Working in cooperation with the group members and parties concerned, we succeeded in restoring salmonids’ upstream runs and extending their spawning habitat in streams above some of the dams, while keeping the disaster prevention function of the dams intact.     

The new law of the sea and the pacific basin

Abstract

The UN Convention on the Law of the Sea is indispensable for the well‐being of the states, especially the new island states, of the Pacific Basin. Since the Treaty will be signed at Caracas in December 1982, it is important to anticipate its impact in the Pacific Region area. The article examines the need for a new ocean law to replace the old law of the Geneva Conventions. It argues that exploitation of manganese nodules in the “Area”; will be legal only under the rules of Part XI of the Convention and that the principles of the Common Heritage of Mankind are now part of customary law. Finally, the seaward expansion of Pacific states authorized in the new treaty both necessitates, and provides an opportunity for, coordinated planning for the management of ocean resources and usages.     

A practical guide to the application of the IUCN Red List of Ecosystems criteria

The newly developed IUCN Red List of Ecosystems is part of a growing toolbox for assessing risks to biodiversity, which addresses ecosystems and their functioning. The Red List of Ecosystems standard allows systematic assessment of all freshwater, marine, terrestrial and subterranean ecosystem types in terms of their global risk of collapse. In addition, the Red List of Ecosystems categories and criteria provide a technical base for assessments of ecosystem status at the regional, national, or subnational level. While the Red List of Ecosystems criteria were designed to be widely applicable by scientists and practitioners, guidelines are needed to ensure they are implemented in a standardized manner to reduce epistemic uncertainties and allow robust comparisons among ecosystems and over time. We review the intended application of the Red List of Ecosystems assessment process, summarize ‘best-practice’ methods for ecosystem assessments and outline approaches to ensure operational rigour of assessments. The Red List of Ecosystems will inform priority setting for ecosystem types worldwide, and strengthen capacity to report on progress towards the Aichi Targets of the Convention on Biological Diversity. When integrated with other IUCN knowledge products, such as the World Database of Protected Areas/Protected Planet, Key Biodiversity Areas and the IUCN Red List of Threatened Species, the Red List of Ecosystems will contribute to providing the most complete global measure of the status of biodiversity yet achieved.     

Books,bodies, and bronzes: comparing sites of global citizenship creation

This volume explores music competitions, religious movements, fashion magazines, copyright policy and overseas university campuses, among others, as potential sites for the generation and spread of cosmopolitan ideas, competencies and projects. Our contributors focus on how and when that happens, in what combinations, and what difference it makes when aspects of cosmopolitanism are disseminated at music competitions, UNESCO World Heritage sites, or through membership in elite social clubs. They embed the production and dissemination of cosmopolitanism within cultural and institutional contexts, thereby bringing to light not just the classroom, editorial room and stage, but the complex, power-laden set of organizational arrangements that undergird them and the geopolitical context within which they take shape.     

五台山文化景观遗产突出普遍价值及其保护探讨

世界文化景观遗产的申报,是近年来国内越来越关注的话题,作为中国第一个成功以文化景观列入世界遗产名录的案例,五台山的申报过程为中国的文化景观遗产申报与研究提供了很多线索,尤其在突出普遍价值的认识及其保护管理方面,更是积累了一定的经验,同时也引发了新的思考。经过申报前后对遗产价值标准的对比研究及对保护管理的重新思考,认识到文化景观必须将自然、文化作为一个整体加以认知和保护,尤其要研究人与自然之间的作用机制,重视其中活态遗产的保护和展示。     

Global Health Governance and the Commercial Sector: A Documentary Analysis of Tobacco Company Strategies to Influence the WHO Framework Convention on Tobacco Control

Background

In successfully negotiating the Framework Convention on Tobacco Control (FCTC), the World Health Organization (WHO) has led a significant innovation in global health governance, helping to transform international tobacco control. This article provides the first comprehensive review of the diverse campaign initiated by transnational tobacco corporations (TTCs) to try to undermine the proposed convention.

Methods and Findings

The article is primarily based on an analysis of internal tobacco industry documents made public through litigation, triangulated with data from official documentation relating to the FCTC process and websites of relevant organisations. It is also informed by a comprehensive review of previous studies concerning tobacco industry efforts to influence the FCTC. The findings demonstrate that the industry''s strategic response to the proposed WHO convention was two-fold. First, arguments and frames were developed to challenge the FCTC, including: claiming there would be damaging economic consequences; depicting tobacco control as an agenda promoted by high-income countries; alleging the treaty conflicted with trade agreements, “good governance,” and national sovereignty; questioning WHO''s mandate; claiming the FCTC would set a precedent for issues beyond tobacco; and presenting corporate social responsibility (CSR) as an alternative. Second, multiple tactics were employed to promote and increase the impact of these arguments, including: directly targeting FCTC delegations and relevant political actors, enlisting diverse allies (e.g., mass media outlets and scientists), and using stakeholder consultation to delay decisions and secure industry participation.

Conclusions

TTCs'' efforts to undermine the FCTC were comprehensive, demonstrating the global application of tactics that TTCs have previously been found to have employed nationally and further included arguments against the FCTC as a key initiative in global health governance. Awareness of these strategies can help guard against industry efforts to disrupt the implementation of the FCTC and support the development of future, comparable initiatives in global health. Please see later in the article for the Editors'' Summary     

A Note on the European Union's Integrated Maritime Policy

This article analyses the characteristics of the Commission on the Limits of the Continental Shelf as an international decision-making institution in the process of establishing the seaward limits of the continental shelf beyond 200 nautical miles from the baselines of the territorial sea under Article 76 of the 1982 UN Convention on the Law of the Sea. The Commission may be compared to scientific bodies established to give advice relating to the implementation of treaty provisions. However, in the exercise of its functions, the Commission also performs legal-administrative tasks, and its recommendations to individual coastal states entail significant legal effects; for instance, as a means of interpretation under the Vienna Convention on the Law of Treaties. The Commission's functions and competencies must be taken into account in classifying and understanding this unique international institution.     

Cosmopolitan theology: Fethullah Gülen and the making of a ‘Golden Generation’

Global conditions, under which an increasing number of Muslims in the world currently live, do not just generate idioms of purity often adduced to global Islam, but also new and diverse forms of sociability and notions of global citizenship. This article addresses, as an example in case, Hizmet, one of the fastest growing contemporary Islamic movements. Hizmet and its founder Fethullah Gülen propagate a global Islamic doctrine with explicitly cosmopolitan underpinnings. However, there seems to be a contradiction between the cosmopolitan inclusiveness and universality of Gülen's global message, and strong internal hierarchical structures and the disciplining modes of teaching and training that are applied by the movement to teach the doctrine. I will argue that there is no contradiction between these two aspects when we focus on the central position of ‘hermeneutics of the self’ and civic responsibility in Gülen's theology.     

An Assessment of Toxic Substances Pollution in the Hong Kong Marine Environment

The Environmental Protection Department (EPD) of the Hong Kong Special Administrative Region Government (HKSARG) commissioned a consultancy study in 1999 to better understand the potential sources, fates, and existing pollution state of toxic substances in Hong Kong's marine environment. A desk-top survey and assessment was first performed on a comprehensive initial list of 556 toxic substances. A Preliminary Priority Toxic Substances List (PPTSL) of 135 chemicals was established, consisting of heavy metals, inorganic compounds, organo-metallic compounds, and trace organics. A territory-wide baseline field sampling and laboratory analysis exercise was then undertaken during 2001–2002 to determine the level of these PPTSL chemicals in the potential pollution sources (effluent discharges, stormwater discharges, air deposition) and the receiving marine environment (water, sediment, biota). A draft Priority Toxic Substances List (PTSL) was developed, taking into account chemicals detected in the local marine environment and those listed under the Stockholm Convention, the Rotterdam Convention, and the International Maritime Organization's Harmful Antifouling System Convention. The draft PTSL chemicals were subject to ecological and incremental human health risk assessments. Based on the risk assessment results, 17 Chemicals of Potential Concern (COPC) for Hong Kong's marine environment were identified, most of which were heavy metals in the sediment. The study findings suggest that Hong Kong's marine environment is not widely polluted with chemicals present at concentrations of toxicological concern. Although a number of potentially problematic pollutants (COPC) were identified, they are confined to a few “hot spots” and are unlikely to pose a territory-wide risk. Based on the study recommendations, the EPD initiated in 2004 a toxic substances monitoring program to keep the COPC in the marine environment under close surveillance.     

Ecoregion Prioritization Suggests an Armoury Not a Silver Bullet for Conservation Planning

In the face of accelerating species extinctions, map-based prioritization systems are increasingly useful to decide where to pursue conservation action most effectively. However, a number of seemingly inconsistent schemes have emerged, mostly focussing on endemism. Here we use global vertebrate distributions in terrestrial ecoregions to evaluate how continuous and categorical ranking schemes target and accumulate endangered taxa within the IUCN Red List, Alliance for Zero Extinction (AZE), and EDGE of Existence programme. We employed total, endemic and threatened species richness and an estimator for richness-adjusted endemism as metrics in continuous prioritization, and WWF''s Global200 and Conservation International''s (CI) Hotspots in categorical prioritization. Our results demonstrate that all metrics target endangerment more efficiently than by chance, but each selects unique sets of top-ranking ecoregions, which overlap only partially, and include different sets of threatened species. Using the top 100 ecoregions as defined by continuous prioritization metrics, we develop an inclusive map for global vertebrate conservation that incorporates important areas for endemism, richness, and threat. Finally, we assess human footprint and protection levels within these areas to reveal that endemism sites are more impacted but have more protection, in contrast to high richness and threat ones. Given such contrasts, major efforts to protect global biodiversity must involve complementary conservation approaches in areas of unique species as well as those with highest diversity and threat.     

Modernizing confidence-building measures for the Biological Weapons Convention

The Seventh Review Conference of the Biological Weapons Convention in December 2011 provides an opportunity to modernize the treaty to better address the challenges of the 21st century. The key to this modernization is to redesign the treaty's Confidence-Building Measures (CBMs), the only formal mechanism for increasing transparency and demonstrating compliance with the treaty, to address changes in the global scientific, health, and security environments since the end of the Cold War. The scope of the CBMs should be expanded beyond state-run biological warfare programs to encompass a broader array of threats to global security, such as biological terrorism, laboratory accidents, dual-use research, and disease pandemics. Modernizing the CBM mechanism to take into account these new risks would extend the transparency-enhancing benefits of CBMs to a range of new and important topics, such as biosafety, laboratory biosecurity, and dual-use research oversight; make the CBMs and the treaty itself more relevant to the concerns and priorities of more states; and build on progress made during the recent series of intersessional meetings. To accomplish this, the CBMs need to be revised to shift their focus from hardware, the dual-use capabilities relevant to the treaty, to software, the political and legal institutions that govern the development and use of these capabilities. A more modern CBM mechanism should encourage greater participation in the confidence-building process, improve international cooperation against the full spectrum of biological risks, and promote the goal of universal membership in the treaty.     

Highly migratory species in the new law of the sea

Abstract

The 1982 Convention on the Law of the Sea provides for coastal state sovereign rights over all living resources within the exclusive economic zone, but in a separate article makes special provision for so‐called highly migratory species (HMS) that are specifically identified in an Annex to the treaty. This paper examines the basic treaty provisions concerning all fisheries in the EEZ, highlighting the position of HMS, and then devotes detailed consideration to the regulation of fishing for HMS in light of Article 64 and other articles of the treaty. Discussion centers upon the requirements of Article 64, including the duty of cooperation and its subject matter, the meaning and consequence of failure to cooperate, the manner of cooperation under Article 64, and the application of the treaty to enclaves of high seas. Attention is given to the application to HMS of specific obligations under Articles 61 and 62, authority over HMS fishing within archipelagic waters, and the use of fish aggregation devices. There is also consideration of the relationship between the 1982 Convention and customary law regarding HMS, with particular attention to the position vis‐a‐vis the Convention of the United States as a nonsignatory who does not recognize coastal state jurisdiction over tuna but claims sovereign rights over all other highly migratory species within its recently proclaimed exclusive economic zone.     

Radwaste at sea: A new era of polarization or a new basis for consensus?

Abstract

A coalition of third world nations, led by the Pacific island countries and those European nations who have developed land‐based disposal programs for their radioactive wastes, seek to amend the London Convention on Dumping (the international treaty controlling ocean disposal of radioactive and other wastes) in order to ban ocean disposal of low‐level radioactive wastes. Pro‐dumping nations maintain that the treaty may only be amended based on science and that current scientific research indicates that low‐level waste represents neither a threat to the integrity of the marine environment nor human health. Anti‐dumping nations, on the other hand, argue that the same science, particularly the models used to predict the fate and the effects of these wastes, exhibits sufficient uncertainty to preclude judgments about the absence of harm from future disposal activities. These differing conclusions mirror differing assessments of risk. These assessments build on the differing social, political, and economic values placed on use of the ocean and on conflicting conceptions of the fundamental rights and obligations of nations whose use of the ocean may impinge on the resources of others. Each side's continued intransigence may result in unilateral ocean disposal activities with serious consequences for the London Convention on Dumping (LDC) and its control over other wastes transported to sea for disposal. Initiatives of anti‐dumping nations to expand the LDC's decision‐making framework to examine the social, economic, and political issues underlying each side's interpretation of scientific evidence offer hope to address the underlying non‐scientific issues and perhaps to strengthen decision‐making within the LDC.     

Categorizing locally rare plant taxa for conservation status

Locally rare taxa are those that are rare or uncommon within a local geographical boundary while more common outside of that boundary. In addition to the rare taxa identified by global, national, and state/provincial levels, locally rare taxa are important for the preservation of species diversity and ecological processes, and therefore require effective and recognizable conservation status. Currently, there are no specific local rarity criteria in use to categorize taxa at regional jurisdictional levels. To address this need, we developed criteria for categorizing locally rare plant taxa by using the framework the Natural Heritage Network’s Element Ranking System combined with attributes of the World Conservation Union’s Red List Criteria. We then tested the efficacy of our classification system (called L-ranks) on the flora of Napa County using a geographic information system and available plant distribution data for the State of California. Results indicated that 89 taxa from 34 families met the area of occupancy criteria for local rarity status. Our findings demonstrated that with available geographic data, the proposed criteria for classifying locally rare plants can be usefully applied at the county level to identify significant peripheral plant populations. The proposed L-rank system was specifically designed to be compatible with existing multi-scale conservation programs and will augment the current systems in use by local organizations. By systematically classifying locally rare plants, current regulations that are applicable to locally rare taxa may be used more effectively in conservation planning and prioritizing at the county scale.     

Investigations of Biodeterioration by Fungi in Historic Wooden Churches of Chiloé, Chile

The use of wood in construction has had a long history and Chile has a rich cultural heritage of using native woods for building churches and other important structures. In 2000, UNESCO designated a number of the historic churches of Chiloé, built entirely of native woods, as World Heritage Sites. These unique churches were built in the late 1700 s and throughout the 1800 s, and because of their age and exposure to the environment, they have been found to have serious deterioration problems. Efforts are underway to better understand these decay processes and to carryout conservation efforts for the long-term preservation of these important structures. This study characterized the types of degradation taking place and identified the wood decay fungi obtained from eight historic churches in Chiloé, seven of them designated as UNESCO World Heritage sites. Micromorphological observations identified white, brown and soft rot in the structural woods and isolations provided pure cultures of fungi that were identified by sequencing of the internal transcribed region of rDNA. Twenty-nine Basidiomycota and 18 Ascomycota were found. These diverse groups of fungi represent several genera and species not previously reported from Chile and demonstrates a varied microflora is causing decay in these historic buildings.     

A Note on the Application of Article 234 of the Law of the Sea Convention in Light of Climate Change: Views from Russia

This note explores the nature of Article 234 of the 1982 UN Convention on the Law of the Sea in light of decreasing Arctic ice cover. Despite various readings and possible interpretations of Article 234, the principal source of the rules of treaty interpretation is the 1969 Vienna Convention on the Law of Treaties. The note concludes, based on treaty interpretation, that there are no legal grounds for changing the Arctic regime based on Article 234 in light of the decreasing ice cover in the Arctic.     

国际政府间组织对传统知识议题的态度以及中国的对策建议

传统知识是多个国际政府间组织的重要议题,各个组织开展了一系列讨论,形成了相关报告和决议,反映了不同的利益诉求,也表达了对于传统知识的不同见解和立场。在国际政府间组织中,以《生物多样性公约》为代表的国际组织关注环境与生物;以世界知识产权组织和世界贸易组织为代表的国际组织关注经济与贸易;以《土著人民权利宣言》为代表的国际组织关注社会和权利。结合我国在国际政府间组织中的已有承诺,以及丰富多样的传统知识等具体国情,建议我国需要更重视传统知识保护,并采取惠益分享的立法行动,制定以《名古屋议定书》为基础的传统知识保护制度和惠益分享制度,以期达成环境、经济和社会的协调发展。     

世界文化遗产“突出的普遍价值”评价标准的演变

围绕《保护世界文化与自然遗产公约》中的文化遗产概念,对1977年至今以来不同版本的《实施世界遗产公约的操作指南》中,世界文化遗产＂突出的普遍价值＂评价标准的修订过程进行研究,分4个历史时期梳理了突出的普遍价值概念、评价标准、真实性和完整性条件、特殊类型遗产列入导则的主要变化,分析了标准修订的进步与局限,归纳了导致标准修订的因素,并探讨了标准修订对于不同相关者所产生的意义。     

The Curious Case of Article 281: A “Super” Provision within UNCLOS?

This article discusses the issue of treaty regimes in parallel to the United Nations Convention on the Law of the Sea in respect of peaceful settlement of disputes concerning the interpretation or application of the Convention. The duality in relevancy of such disputes to two treaties at the same time would have begged the question about which treaty should be applied to settle them, but UNCLOS has a clear, conflict-of-law style rules in place to address the question. Article 281(1) is one such rule, and, with its exclusionary effect, stands out as a super provision of the Convention.