Ecosystem degradation and the loss of ecosystem services stem from multiple causes,requiring coordinated and diverse policies,legislation,and institutional responses to effectively address them.An understanding of the...Ecosystem degradation and the loss of ecosystem services stem from multiple causes,requiring coordinated and diverse policies,legislation,and institutional responses to effectively address them.An understanding of the policies,legislation,and institutions governing ecosystem services can enhance the sustained management and provision of ecosystem services.Therefore,this work appraises the policies,legislation and institutional provisions made by the government of Nepal.In addition,this study analyzes policy implications and identifies gaps and barriers that hinder future improvements in the management of ecosystem services.Altogether,63 documents comprising 45 policies and 18 legislations promulgated by the government of Nepal have been assessed for content analysis.Twenty Key Informant Interviews(KIIs)have also been conducted to obtain expert insights about the gaps in policy formulation and implementation.The results indicate that though several sectoral policies and legislations have made provision on management of ecosystem and its services implicitly or explicitly,still there is lacking of overarching framework to deal with ecosystem services.Overlapping roles and responsibilities outlined in the constitution,policies,and legislation,coupled with weak enforcement and lack of multisectoral coordination mechanism,are significant obstacles to effective policy implementation.Therefore,there is a need to develop an overarching national framework backed up by legislation with a strong multisectoral coordination mechanism that will adopt a holistic and multidisciplinary approach to the sustained management and provision of the ecosystem and its services.展开更多
Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in th...Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in the local legislation,due to a lack of systematic analysis.To address this gap,this paper employs the interview method to empirically examine the formation process,as well as the techniques for establishing legal liability in local legislation,with the aim of revealing the primary legislative techniques for formulating legal liability clauses in local legislation and their application principles.Drawing from these empirical findings and analytical insights,the research demonstrates that the legal liability-setting techniques in local legislation tend to exhibit a weak coherence with regard to logic and a strong policy orientation.These issues potentially create tension with the legal norms’demands for certainty,abstraction,and completeness.Therefore,this paper proposes a three-pronged framework to harmonize competing demands by respecting local particularities and achieving context-sensitive regulatory balance.This framework advocates that local legislative practice should(a)prioritize practical rationality and rule effectiveness over logical completeness,acknowledging inherent conflicts with traditional legislative models;(b)adopt a typological legislative method to balance normative principles with governance efficiency by transcending logic-experience binaries;and(c)establish a dynamic updating mechanism with regular evaluation to maintain adaptability to socio-economic evolution.展开更多
基金the support of the Second Tibetan Plateau Scientific Expedition and Research(Grant No.2019QZKK0603)the National Natural Science Foundation of China(NSFC)(Grant No.42250410329)the President’s International Fellowship Initiative(PIFI)for Visiting Scientists of the Chinese Academy of Sciences(Grants No.2021VCA0005 and 2023VCC0005)。
文摘Ecosystem degradation and the loss of ecosystem services stem from multiple causes,requiring coordinated and diverse policies,legislation,and institutional responses to effectively address them.An understanding of the policies,legislation,and institutions governing ecosystem services can enhance the sustained management and provision of ecosystem services.Therefore,this work appraises the policies,legislation and institutional provisions made by the government of Nepal.In addition,this study analyzes policy implications and identifies gaps and barriers that hinder future improvements in the management of ecosystem services.Altogether,63 documents comprising 45 policies and 18 legislations promulgated by the government of Nepal have been assessed for content analysis.Twenty Key Informant Interviews(KIIs)have also been conducted to obtain expert insights about the gaps in policy formulation and implementation.The results indicate that though several sectoral policies and legislations have made provision on management of ecosystem and its services implicitly or explicitly,still there is lacking of overarching framework to deal with ecosystem services.Overlapping roles and responsibilities outlined in the constitution,policies,and legislation,coupled with weak enforcement and lack of multisectoral coordination mechanism,are significant obstacles to effective policy implementation.Therefore,there is a need to develop an overarching national framework backed up by legislation with a strong multisectoral coordination mechanism that will adopt a holistic and multidisciplinary approach to the sustained management and provision of the ecosystem and its services.
文摘Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in the local legislation,due to a lack of systematic analysis.To address this gap,this paper employs the interview method to empirically examine the formation process,as well as the techniques for establishing legal liability in local legislation,with the aim of revealing the primary legislative techniques for formulating legal liability clauses in local legislation and their application principles.Drawing from these empirical findings and analytical insights,the research demonstrates that the legal liability-setting techniques in local legislation tend to exhibit a weak coherence with regard to logic and a strong policy orientation.These issues potentially create tension with the legal norms’demands for certainty,abstraction,and completeness.Therefore,this paper proposes a three-pronged framework to harmonize competing demands by respecting local particularities and achieving context-sensitive regulatory balance.This framework advocates that local legislative practice should(a)prioritize practical rationality and rule effectiveness over logical completeness,acknowledging inherent conflicts with traditional legislative models;(b)adopt a typological legislative method to balance normative principles with governance efficiency by transcending logic-experience binaries;and(c)establish a dynamic updating mechanism with regular evaluation to maintain adaptability to socio-economic evolution.
