Open Environmental Information Upon Disclosure Request in China: The Paradox of Legal Mobilization

Taking a realist view that law is one form of politics, this dissertation studies the roles of citizens and organizations in mobilizing the law to request government agencies to disclose environmental information in China, and during this process, how the socio-legal field interacts with the political-legal sphere, and what changes have been brought about during their interactions. This work takes a socio-legal approach and applies methodologies of social science and legal analysis. It aims to understand the paradox of why and how citizens and entities have been invoking the law to access environmental information despite the fact that various obstacles exist and the effectiveness of the new mechanism of environmental information disclosure still remains low. The study is largely based on the 28 cases and eight surveys of environmental information disclosure requests collected by the author. The cases and surveys analysed in this dissertation all occurred between May 2008, when the OGI Regulations and the OEI Measures came into effect, and August 2012 when the case collection was completed. The findings of this study have shown that by invoking the rules of law made by the authorities to demand government agencies disclosing environmental information, the public, including citizens, organizations, law firms, and the media, have strategically created a repercussive pressure upon the authorities to act according to the law. While it is a top-down process that has established the mechanism of open government information in China, it is indeed the bottom-up activism of the public that makes it work. Citizens and organizations’ use of legal tactics to push government agencies to disclose environmental information have formed not only an end of accessing the information but more a means of making government agencies accountable to their legal obligations. Law has thus played a pivotal role in enabling citizen participation in the political process. Against the current situation in China that political campaigns, or politicization, from general election to collective actions, especially contentious actions, are still restrained or even repressed by the government, legal mobilization, or judicialization, that citizens and organizations use legal tactics to demand their rights and push government agencies to enforce the law, become de facto an alternative of political participation. During this process, legal actions have helped to strengthen the civil society, make government agencies act according to law, push back the political boundaries, and induce changes in the relationship between the state and the public. In the field of environmental information disclosure, citizens and organizations have formed a bottom-up social activism, though limited in scope, using the language of law, creating progressive social, legal and political changes. This study emphasizes that it is partial and incomplete to understand China’s transition only from the top-down policy-making and government administration; it is also important to observe it from the bottom-up perspective that in a realistic view law can be part of politics and legal mobilization, even when utterly apolitical, can help to achieve political aims as well. This study of legal mobilization in the field of environmental information disclosure also helps us to better understand the function of law: law is not only a tool for the authorities to regulate and control, but inevitably also a weapon for the public to demand government agencies to work towards their obligations stipulated by the laws issued by themselves.

Influence of environmental factors on seed germination and seedling emergence of yellow sweet clover (Melilotus officinalis)

Laboratory and greenhouse experiments were conducted to determine the effects of drought and salinity stress, temperature, pH and planting depth on yellow sweet clover (Melilotus officinalis) germination and emergence. Base, optimum and ceiling germination temperatures were estimated as 0, 18.47 and 34.60 ºC, respectively. Seed germination was sensitive to drought stress and completely inhibited at a potential of -1 MPa, but it was tolerant to salinity. Salinity stress up to 90 mM had no effect over the M. officinalis seed germination, but the germination decreased by increasing the salt concentration. The drought and salinity required for 50% inhibition of maximum germination were 207 mM and -0.49 MPa, respectively. High percentage of seed germination (>92%) was observed at pH = 5-6 and decreased to 80% at acidic medium (pH 4) and to 42% at alkaline medium (pH 9) pH. Maximum seedling emergence occurred when the seeds were placed at 2 cm depth and decreased when increasing the depth of planting; no seed emerged from depths of 10 cm.

Germination and emergence of trumpet flower (tecoma stans) under different environmental conditions

The aim of this work was to analyze the effect of temperature and light intensity on trumpet flower seed germination, as well as the effect of seeding depth on its emergence. To study the influence of temperature, nine temperature intervals were evaluated, ranging from 15.0 to 40.0 ºC. A randomized block design experiment was used with five replications and 20 seeds per replication, and performed twice. To evaluate light intensity on seed germination, a randomized experimental design was used with eight replications and 25 seeds per replication. The treatments applied were: photoperiod with temperature alternation; photoperiod with constant temperature; darkness with temperature alternation; and darkness with constant temperature. The photoperiod consisted of 8 hours of light and 16 hours of darkness, and the constant temperature was 25 ºC. The treatments with temperature alternations were established with 8 hours at 30 ºC, and 16 hours at 20 ºC. Germination was assessed daily to calculate the total percentage of germination as well as the Germination Velocity Index (GVI). To study the influence of seeding depth on plant emergence, 25 seeds were seeded at 0, 20, 40, and 80 mm in pots with sieved soil. The experiment was arranged in a randomized block design with four replications. Seedling emergence was monitored daily until the 15th day after seeding. After that period, the total percentage of emergence was calculated for each experimental unit, as well as the Emergence Velocity Index (EVI). Formation of normal seedlings and the Germination Velocity Index were different among temperatures and higher germination percentages were observed between 20.3 ºC and 37.5 ºC. Tecoma stans seedlings did not germinate when planted at 40 and 80 mm depth. However, the seedlings placed on the soil surface had an emergence percentage of 72. At 20 mm depth, the emergence rate was 31%.

Environmental and physiological factors that affect the efficacy of herbicides that inhibit the enzyme protoporphyrinogen oxidase: a literature review

Herbicides that inhibit the enzyme protoporphyrinogen oxidase (PROTOX) are usually effective to control dicotyledonous weeds and their agronomic efficacy is affected by environmental and physiological factors. The objective of this review is to summarize the knowledge of those factors available in the scientific literature in the last decade. Environmental factors that influence PROTOX inhibitors include temperature, irradiance and relative humidity. The most relevant physiological factors are the activity of enzymes that can detoxify herbicides and also of enzymes that mitigate the effects of oxidative stress in plants. The study also suggests some possible management strategies that could optimize the activity of PROTOX-inhibiting herbicides.

Environmental fate of S-Metolachlor: a review

S-metolachlor is a preemergent herbicide used for the control of annual grasses and small-seeded broadleaf weeds in more than 70 agricultural crops worldwide. Recently, Smetolachlor has been used to control imidazolinone-resistant red rice in rice-soybean rotation in lowland environments of the Southern Brazil. However, limited information concerning the environmental fate of S-metolachlor in lowland soil is available in the literature. Thus, this review was designed to describe the major transport and dissipation processes of Smetolachlor in attempting to improve weed management programs used in rice-soybean rotation and mitigate environmental contamination of lowland areas.

Envia – a repository for environmental information access and discovery

Poster at Open Repositories 2014, Helsinki, Finland, June 9-13, 2014

Phytosociology of the remaining xerophytic woodland associated to an environmental gradient at the banks of the São Francisco river - Petrolina, Pernambuco, Brazil

Floristic and phytosociological surveys were carried out for 12 months in the Embrapa-SPSB, Petrolina, Pernambuco, Brazil. A transect was laid on starting at the river bank extending for 790 m away from the river and divided into 140 10 × 10 m contiguous plots. In each plot, all standing plants, alive or dead, with stem diameter at soil level > 3 cm and total height > 1 m were sampled. Along this transect, an elevation range of 9.40 m was registered and five topographical environments were identified: riverside (MR), dike (D), floodable depression (DI), boundary terrace (TL) - all of them belonging to the fluvial terrace with Fluvic Neosol and Haplic Cambisol both silty textured eutrophic soils - and the inlander tableland (TS), with medium sandy-textured Red-Yellow Argisols. Fourty-eight species/morphospecies, distributed into 39 genera and 21 families, were identified. Four phytogeoenvironments (MR, D + TL, DI + TL, and TS) were registered based on environmental variations and floristic similarities among plots using cluster analyses. The MR environment showed the largest total density, total basal area, maximum and medium heights and maximum diameter. Moreover, it had 8.1% of plants with heights above 8 m against 0.6% for D + TL, 0.2% for DI + TL, and 0% for TS. The species with the largest importance value were Inga vera subsp. affinis (DC.) T.D. Pennington in MR, Mimosa bimucronata Kunth in D + TL and DI + TL and M. tenuiflora (Willd.) Poir. in TS.

The effect of environmentally differentiated port fees to shipping companies’ environmental investments

The pressure has grown to develop cost-effective emission reduction strategies in the Baltic Sea. The forthcoming stringent regulations of the International Maritime Organization for reducing harmful emissions of shipping in the Baltic Sea are causing increasing expenses for the operators. A market-based attitude towards pricing of economic incentives could be seen as a new approach for a successful application for the additional emission reduction of nitrogen oxides (NOx). In this study the aim is to understand the phenomenon of environmentally differentiated port fees and its effects on shipping companies’ emission reduction investments. The goal is to examine empirically the real-life effects of the possible environmental differentiated port fee system and the effect of environmentally differentiated port fees on NOx reduction investments in the Baltic Sea. The research approach of this study is nomothetical. In this study research questions are answered by analyzing the broad database of the Baltic Sea fleet. Also the framework of theory is confirmed and plays an important role in analyzing the research problem. Existing investment costs of NOx emission reduction technology to ship owners are estimated and compared to investment costs with granted discounts added to the cash flows. The statistical analysis in this study is descriptive. The major statistic examination of this study is the calculation of the net present values of investments with different port fee scenarios. This is done to investigate if the NOx technology investments could be economically reasonable. Based on calculations it is clear that the effect of environmentally differentiated port fees is not adequate to compensate the total investment costs for NOx reduction. If the investment decision is made only with profitability considerations, sources will prefer to emission abatement as long as incomes from the given subsidy exceeds their abatement costs. Despite of the results, evidence was found that shipping companies are nevertheless willing to invest on voluntary emission abatement technology. In that case, investment decision could be made with criteria of, for example, sustainable strategy or brand image. Combined fairway and port fee system or governmental regulations and recommendation could also function as additional incentives to compensate the investment costs. Also, the results imply that the use of NPV is not necessarily the best method to evaluate environmental investments. If the calculations would be done with more environmental methods the results would probably be different.

Communicating trustworthiness in online stores

Even though e-commerce systems are expected to have many advantages compared to the traditional ways of doing business, it is not always the reality. Lack of trust is still said to be one of the most important barriers to online shopping. In traditional stores, trust has usually been established in a direct contact between the customer and the company or its personnel. In online stores, there is no direct interaction. The purpose of this thesis is to identify the key antecedents to online trust and to distinguish between effective and ineffective practices. A model on how consumers establish initial trust towards an unknown online vendor was proposed based on previous theories. The model was tested empirically by targeting an online survey at higher degree students in Finland and in Germany. The data confirmed the proposed view that trusting intentions are affected by individual characteristics, characteristics of the company as well as characteristics of the website. Additionally national differences were found between Finnish and German respondents. The data suggested that online vendors can convey a message of trustworthiness by improving information quality and overall usefulness of the website. Perceived risk of online shopping was found to depend especially on general trust in the Internet, service quality and ease of use. A trustworthy online store should include several payment methods as well as means to access and modify given data. The vendors should also make sure that inquiries are addressed quickly, transactions are confirmed automatically and that customers have a possibility to track their order. A model that includes three different sources of trust should contribute to the theoretical understanding of trust formation in online stores. The resulting list of trust antecedents can also be used as a checklist when e-commerce practitioners wish to optimize the trust building.

Macroalgae across environmental gradients : tools for managing rocky coastal areas of the northern Baltic Sea

Macroalgae are the main primary producers of the temperate rocky shores providing a three-dimensional habitat, food and nursery grounds for many other species. During the past decades, the state of the coastal waters has deteriorated due to increasing human pressures, resulting in dramatic changes in coastal ecosystems, including macroalgal communities. To reverse the deterioration of the European seas, the EU has adopted the Water Framework Directive (WFD) and the Marine Strategy Framework Directive (MSFD), aiming at improved status of the coastal waters and the marine environment. Further, the Habitats Directive (HD) calls for the protection of important habitats and species (many of which are marine) and the Maritime Spatial Planning Directive for sustainability in the use of resources and human activities at sea and by the coasts. To efficiently protect important marine habitats and communities, we need knowledge on their spatial distribution. Ecological knowledge is also needed to assess the status of the marine areas by involving biological indicators, as required by the WFD and the MSFD; knowledge on how biota changes with human-induced pressures is essential, but to reliably assess change, we need also to know how biotic communities vary over natural environmental gradients. This is especially important in sea areas such as the Baltic Sea, where the natural environmental gradients create substantial differences in biota between areas. In this thesis, I studied the variation occurring in macroalgal communities across the environmental gradients of the northern Baltic Sea, including eutrophication induced changes. The aim was to produce knowledge to support the reliable use of macroalgae as indicators of ecological status of the marine areas and to test practical metrics that could potentially be used in status assessments. Further, the aim was to develop a methodology for mapping the HD Annex I habitat reefs, using the best available data on geology and bathymetry. The results showed that the large-scale variation in the macroalgal community composition of the northern Baltic Sea is largely driven by salinity and exposure. Exposure is important also on smaller spatial scales, affecting species occurrence, community structure and depth penetration of algae. Consequently, the natural variability complicates the use of macroalgae as indicators of human-induced changes. Of the studied indicators, the number of perennial algal species, the perennial cover, the fraction of annual algae, and the lower limit of occurrence of red and brown perennial algae showed potential as usable indicators of ecological status. However, the cumulated cover of algae, commonly used as an indicator in the fully marine environments, showed low responses to eutrophication in the area. Although the mere occurrence of perennial algae did not show clear indicator potential, a distinct discrepancy in the occurrence of bladderwrack, Fucus vesiculosus, was found between two areas with differing eutrophication history, the Bothnian Sea and the Archipelago Sea. The absence of Fucus from many potential sites in the outer Archipelago Sea is likely due to its inability to recover from its disappearance from the area 30-40 years ago, highlighting the importance of past events in macroalgal occurrence. The methodology presented for mapping the potential distribution and the ecological value of reefs showed, that relatively high accuracy in mapping can be achieved by combining existing available data, and the maps produced serve as valuable background information for more detailed surveys. Taken together, the results of the theses contribute significantly to the knowledge on macroalgal communities of the northern Baltic Sea that can be directly applied in various management contexts.

The Genus Herposiphonia (Ceramiales, Rhodophyta) in the Coral Reefs Environmental Protection Area, Northeastern Brazil, with new records for Brazil and the Atlantic Ocean

This paper presents a taxonomic study of taxa of the red algae genus Herposiphonia (Ceramiales) occurring on Maracajaú Reef in the Coral Reefs Environmental Protection Area (CREPA - Área de Proteção Ambiental dos Recifes de Corais) in Rio Grande do Norte State, along the northeastern coast of Brazil. The CREPA comprises coastline and continental shelf areas of the municipalities of Touros, Rio do Fogo, and Maxaranguape and includes sand dunes, coastal lagoons, and the adjacent shoreline and offshore reefs. Detailed morphological studies were made, considering recent taxonomic criteria for species delimitation of Herposiphonia, and five species were identified: H. delicatula, H. nuda, H. parca, H. secunda, and H. tenella, thus increasing the number of species in the genus from three to six. Herposiphonia delicatula and H. parca represent new occurrences for Brazil, and H. nuda is reported for the first time for the Atlantic Ocean.

Holstein white coat color and performance: phenotypic, genetic and environmental correlations

Correlations of measures of percentages of white coat color, five measures of production and two measures of reproduction were obtained from 4293 first lactation Holsteins from eight Florida dairy farms. Percentages of white coat color were analyzed as recorded and transformed by an extension of Box-Cox procedures. Statistical analyses were by derivative-free restricted maximum likelihood (DFREML) with an animal model. Phenotypic and genetic correlations of white percentage (not transformed) were with milk yield, 0.047 and 0.097; fat yield, 0.002 and 0.004; fat percentage, -0.047 and -0.090; protein yield, 0.024 and 0.048; protein percentage, -0.070 and -0.116; days open, -0.012 and -0.065; and calving interval, -0.007 and -0.029. Changes in magnitude of correlations were very small for all variables except days open. Genetic and phenotypic correlations of transformed values with days open were -0.027 and -0.140. Modest positive correlated responses would be expected for white coat color percentage following direct selection for milk, fat, and protein yields, but selection for fat and protein percentages, days open, or calving interval would lead to small decreases.