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The tension between state ownership and private quasi‐property rights in water 国家所有权和私人准财产权之间的紧张关系
IF 8.2 1区 地球科学 Q1 ENVIRONMENTAL SCIENCES Pub Date : 2022-10-24 DOI: 10.1002/wat2.1621
Hilmer J. Bosch, J. Gupta
A critical legal issue in water governance is who owns and who holds property rights in water. Hence, we address the question: How has the state of legal knowledge on private property rights in water evolved worldwide, and how are these rights embedded in the current existing legal constructions? In answering the question, this article reviews the legal literature to: (i) understand the current state of water ownership and water property rights in the main legal systems, (ii) understand and capture how private water “property” rights are embedded in the existing legal constructions; and (iii) reflect on the application of these rights in practice. We conclude: (a) While most states have placed water in the public domain, past statutory systems of water rights are difficult to abolish, and increasingly Indigenous peoples are successfully demanding recognition of, and reclaiming their water rights. (b) States are (re)allocating water rights through statutory mechanisms, including clearly defined bundle‐of‐rights. And (c), while the state ostensibly controls the water, the allocation of water through historic and new statutory instruments “encroaches” on state water ownership, and has created confusion affecting the state's power to adaptively govern the water. This confusion reflects the tension between the need of states to own and govern water in the public interest, the rights of Indigenous peoples to their water, with the need of agriculture and industries to have reliable supplies of water, leading to water use rights that imply “quasi‐property” rights in water.
水治理中的一个关键法律问题是谁拥有和持有水的产权。因此,我们要解决的问题是:世界范围内关于水的私有财产权的法律知识状况是如何演变的,这些权利是如何嵌入到当前现有的法律结构中的?为了回答这个问题,本文回顾了法律文献:(i)了解主要法律体系中水所有权和水产权的现状,(ii)了解和捕捉私人水“财产”权利如何嵌入现有法律结构;(三)反思这些权利在实践中的运用。我们的结论是:(a)虽然大多数国家已经将水置于公共领域,但过去的水权法定制度很难废除,而且越来越多的土著人民成功地要求承认和收回他们的水权。(b)各国通过法定机制(重新)分配水权,包括明确界定的一揽子权利。(c)虽然国家表面上控制着水资源,但通过历史和新的法定文书分配水资源“侵犯”了国家水资源所有权,并造成了混乱,影响了国家适应性地管理水资源的权力。这种混淆反映了国家为了公共利益而拥有和管理水资源的需求,原住民对水资源的权利,以及农业和工业对可靠水供应的需求之间的紧张关系,导致水资源使用权意味着对水的“准财产”权利。
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引用次数: 2
Women in limnology: From a historical perspective to a present‐day evaluation 湖沼学中的妇女:从历史的角度到现在的评价
IF 8.2 1区 地球科学 Q1 ENVIRONMENTAL SCIENCES Pub Date : 2022-10-09 DOI: 10.1002/wat2.1616
N. Catalán, María Antón-Pardo, A. Freixa, P. Rodríguez‐Lozano, M. Bartrons, S. Bernal, Ana Genua‐Olmedo, C. Mendoza‐Lera, G. Onandía, X. Benito, M. M. Sánchez‐Montoya, Miguel Cañedo‐Argüelles Iglesias, Ada Pastor, A. Lupon
Research in limnology is nurtured by the work of many fascinating and passionate women, who have contributed enormously to our understanding of inland waters. Female limnologists have promoted and established the bases of our knowledge about inland waters and fostered the need of protecting the values of those ecosystems. However, on numerous occasions, their contribution to the advancement of limnology has not been duly recognized. Here, we review the presence of women in limnology through the history of the discipline: from the pioneers who contributed to the origins to present day' developments. We aim at visibilizing those scientists and establish them as role models. We also analyze in a simple and illustrative way the current situation of women in limnology, the scientific barriers they must deal with, and their future prospects. Multiple aspects fostering the visibility of a scientist, such as their presence in conferences, awards, or representation in societal or editorial boards show a significant gap, with none of those aspects showing a similar visibility of women and men in limnology. This article raises awareness of the obstacles that women in limnology faced and still face, and encourages to embrace models of leadership, scientific management, and assessment of research performance far from those commonly established.
湖沼学的研究是由许多迷人而充满激情的女性的工作推动的,她们为我们对内陆水域的理解做出了巨大贡献。女性湖泊学家促进和建立了我们对内陆水域知识的基础,并促进了保护这些生态系统价值的需要。然而,在许多情况下,它们对湖沼学发展的贡献没有得到适当的承认。在这里,我们通过学科的历史回顾女性在湖泊学中的存在:从对起源做出贡献的先驱到今天的发展。我们的目标是让这些科学家成为人们的榜样。我们还以简单和说明性的方式分析了湖泊学中妇女的现状、她们必须应对的科学障碍以及她们的未来前景。促进科学家知名度的多个方面,例如他们在会议、奖项或在社会或编辑委员会的代表中的存在,显示出显著的差距,在这些方面都没有显示出女性和男性在湖沼学中的相似知名度。这篇文章提高了人们对湖泊学中女性所面临和仍然面临的障碍的认识,并鼓励她们接受远离那些普遍建立的领导模式、科学管理模式和研究绩效评估模式。
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引用次数: 3
Are sponge cities the solution to China's growing urban flooding problems? 海绵城市能解决中国日益严重的城市洪涝问题吗?
IF 8.2 1区 地球科学 Q1 ENVIRONMENTAL SCIENCES Pub Date : 2022-10-05 DOI: 10.1002/wat2.1613
G. Fu, Chi Zhang, J. Hall, D. Butler
Nature‐based solutions have been promoted as a sustainable solution for urban stormwater management and they are currently adopted at an unprecedented speed and scale to build sponge cities in China, with a primary aim to solving urban flood problems. However, there are limits to how much rainfall sponge cities can absorb, hence, they are unlikely to be a panacea for flooding problems in cities. We argue that bottom‐up community‐based measures are essential part of the intervention development framework that is required to transform sponge cities into flood resilient cities. This community‐based approach can effectively build on the distinctive and unique feature of Chinese cities, that is, the prevalence of gated communities, which provides a solid foundation for implementing community‐based measures for flood management. A range of such community‐based measures including resilience mapping, property‐based resistant and resilient measures, flood insurance, and social resilience building are discussed. Flood resilience building does not just mean investments in gray–green–blue infrastructure, it requires social transformation toward flood resilient communities. This article provides a roadmap for the next stage development of sponge cities which plays a key role in coping with extreme storm events and adapting to climate change in cities.
基于自然的解决方案已被推广为城市雨水管理的可持续解决方案,目前中国正在以前所未有的速度和规模建设海绵城市,主要目的是解决城市洪水问题。然而,海绵城市所能吸收的降雨量是有限的,因此,它们不太可能成为解决城市洪水问题的灵丹妙药。我们认为,自下而上的基于社区的措施是将海绵城市转变为抗洪城市所需的干预发展框架的重要组成部分。这种基于社区的方法可以有效地利用中国城市的独特特征,即封闭式社区的普遍存在,这为实施基于社区的洪水管理措施提供了坚实的基础。本文讨论了一系列以社区为基础的措施,包括复原力测绘、基于财产的抵抗和复原力措施、洪水保险和社会复原力建设。抗洪能力建设不仅仅意味着对灰绿蓝基础设施的投资,还需要向抗洪能力社区转型。海绵城市在应对极端风暴事件和适应城市气候变化方面发挥着关键作用,为海绵城市下一阶段的发展提供了路线图。
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引用次数: 8
Water insecurity and gender‐based violence: A global review of the evidence 水不安全和性别暴力:全球证据综述
IF 8.2 1区 地球科学 Q1 ENVIRONMENTAL SCIENCES Pub Date : 2022-10-03 DOI: 10.1002/wat2.1619
P. Tallman, Shalean M. Collins, G. Salmon‐Mulanovich, B. Rusyidi, Aman Kothadia, S. Cole
We reviewed the existing literature documenting the association between water insecurity and gender‐based violence to (1) describe the characteristics and contexts of available studies, and (2) identify and classify documented gender‐based violence across domains of water insecurity (access, affordability, adequacy, reliability, and safety). 18 peer‐reviewed articles mentioned associations between water insecurity and gender‐based violence. All studies were conducted in sub‐Saharan Africa and South Asia and were published in English. The most common manifestation of the relationship between water insecurity and gender‐based violence was an increased risk of sexual and physical violence for women who walked long distances to access water. This was followed by intimate partner violence sparked by the inability to meet domestic obligations due to household water inadequacy. Despite these trends, the domains of water insecurity, and the types of violence experienced by women, were often intertwined. We conclude that there is a dearth of information assessing gender‐based violence and water insecurity, especially in Latin America, North America, and Southeast Asia, and involving locally‐based scholars. We suggest that the spectrum of what is considered “violence” in relation to water insecurity be expanded and that scholars and practitioners adopt the term “gender‐based water violence” to describe water‐related stressors that are so extreme as to threaten human health and well‐being, particularly that of women and girls. Finally, we encourage the development of cross‐culturally validated measures of gender‐based violence, which can be deployed in conjunction with standardized measures of water insecurity, to evaluate interventions that target these linked threats to global health.
我们回顾了记录水不安全与基于性别的暴力之间关系的现有文献,以:(1)描述现有研究的特征和背景,以及(2)识别和分类记录的基于性别的暴力跨水不安全领域(获取、可负担性、充足性、可靠性和安全性)。18篇同行评议的文章提到了水不安全与性别暴力之间的关联。所有研究均在撒哈拉以南非洲和南亚进行,并以英文发表。水不安全与基于性别的暴力之间关系的最常见表现是,长途跋涉取水的妇女遭受性暴力和身体暴力的风险增加。随后,由于家庭用水不足而无法履行家庭义务,引发了亲密伴侣暴力。尽管有这些趋势,水不安全领域和妇女所遭受的暴力类型往往是交织在一起的。我们的结论是,缺乏评估基于性别的暴力和水不安全的信息,特别是在拉丁美洲、北美和东南亚,并且缺乏当地学者参与的信息。我们建议扩大与水不安全有关的“暴力”范围,并建议学者和从业人员采用“基于性别的水暴力”一词来描述与水有关的极端压力源,这些压力源威胁到人类健康和福祉,特别是威胁到妇女和女孩的健康和福祉。最后,我们鼓励制定跨文化有效的性别暴力措施,这些措施可以与水不安全的标准化措施结合使用,以评估针对这些与全球健康相关的威胁的干预措施。
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引用次数: 17
Toward a contextualized research agenda: Governance challenges of the wastewater treatment policy in Mexico and the role of subnational governments 走向情境化的研究议程:墨西哥废水处理政策的治理挑战和地方政府的作用
IF 8.2 1区 地球科学 Q1 ENVIRONMENTAL SCIENCES Pub Date : 2022-09-20 DOI: 10.1002/wat2.1617
Cesar Casiano Flores
Wastewater treatment is failing worldwide. Like many parts of the world, Mexico and Latin America continue to face significant challenges associated with the implementation of wastewater treatment plant (WTP) policy. Research has identified that wastewater treatment challenges are related to governance failures. To address these challenges, international organizations have proposed approaches such as Integrated Water Resources Management (IWRM) and decentralization. However, these governance approaches have not achieved the intended outcomes and from a scholarly perspective, new frameworks have been developed to understand the context of governance challenges. Yet, an analysis based on Scopus and Web of Science shows that academic research employing such contextual approaches to the WTP policy in Mexico is still scarce. Against this background, the objective of this focus article is to reflect on the current governance challenges of the WTP policy in Mexico and to propose some areas of research that can provide new insights that support the development of a policy tailored to the Mexican context. The few research that has used contextual approaches demonstrated that subnational governments have a key role in the WTP policy in Mexico. Building upon this finding, I encourage the employment of contextual frameworks and the development of interdisciplinary research analyzing the role of subnational governments in the WTP policy. This type of research can provide relevant insights that could help to improve wastewater treatment not only in Mexico but also in other countries with similar governance structures and challenges, as is the case in Latin America.
全世界的废水处理都在失败。与世界上许多地区一样,墨西哥和拉丁美洲在实施污水处理厂(WTP)政策方面继续面临重大挑战。研究已经确定,废水处理的挑战与治理失败有关。为了应对这些挑战,国际组织提出了诸如水资源综合管理和权力下放等办法。然而,这些治理方法并没有达到预期的结果,从学术的角度来看,已经开发了新的框架来理解治理挑战的背景。然而,基于Scopus和Web of Science的一项分析表明,在墨西哥采用这种情境方法研究WTP政策的学术研究仍然很少。在此背景下,这篇重点文章的目的是反思墨西哥WTP政策当前面临的治理挑战,并提出一些研究领域,这些研究领域可以提供新的见解,支持制定适合墨西哥背景的政策。少数使用情境方法的研究表明,地方政府在墨西哥的WTP政策中发挥着关键作用。在这一发现的基础上,我鼓励采用背景框架,开展跨学科研究,分析地方政府在WTP政策中的作用。这种类型的研究可以提供相关的见解,不仅可以帮助改善墨西哥的废水处理,还可以帮助改善具有类似治理结构和挑战的其他国家的废水处理,例如拉丁美洲的情况。
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引用次数: 2
Linking emerging contaminants to production and consumption practices 将新出现的污染物与生产和消费实践联系起来
IF 8.2 1区 地球科学 Q1 ENVIRONMENTAL SCIENCES Pub Date : 2022-09-13 DOI: 10.1002/wat2.1615
Charlotte Johnson, Sarah J. Bell
Emerging contaminants (ECs) associated with consumer products such as pharmaceuticals, personal care products, and plastics, are an issue of growing concern for water quality and human and environmental health. Growth in use of products associated with ECs is an outcome of growing populations, increased incomes and the emergence of new consumer products. Two examples are used illustrate the value of social science research in understanding patterns of consumption and sources of ECs, in order to identify potential interventions to reduce ECs in the environment—flushing inappropriate materials down the toilet, and antibiotic use in global livestock production. Antimicrobial resistance is a major policy driver to control the use of antibiotics in human healthcare and livestock production. Global antibiotic consumption increased 65% 2000–2015. Disposal of products, including unused pharmaceuticals and plastics, is influenced by regulation, consumer behavior, and infrastructure. This range of factors and trends demonstrates the complexity in understanding why ECs enter the aquatic environment and the extent that the issue can be tackled at the source rather than mitigated once in the environment.
与诸如药品、个人护理产品和塑料等消费品有关的新出现的污染物(ECs)是对水质以及人类和环境健康日益关注的一个问题。与生态系统有关的产品使用的增长是人口增长、收入增加和新消费产品出现的结果。本文使用了两个例子来说明社会科学研究在了解环境污染污染的消费模式和来源方面的价值,以便确定减少环境污染污染的潜在干预措施——将不适当的材料冲进厕所,以及在全球畜牧业生产中使用抗生素。抗微生物药物耐药性是控制人类卫生保健和畜牧生产中抗生素使用的主要政策驱动因素。2000-2015年,全球抗生素消费量增长了65%。产品的处置,包括未使用的药品和塑料,受到监管、消费者行为和基础设施的影响。这一系列的因素和趋势表明,理解ec进入水生环境的原因是多么复杂,以及这一问题在多大程度上可以从源头解决,而不是一旦进入环境就得到缓解。
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引用次数: 0
Delivering global water security: Embedding water justice as a response to increased irrigation efficiency 实现全球水安全:将水正义作为对提高灌溉效率的回应
IF 8.2 1区 地球科学 Q1 ENVIRONMENTAL SCIENCES Pub Date : 2022-09-08 DOI: 10.1002/wat2.1608
Katherine Owens, E. Carmody, Q. Grafton, E. O’Donnell, S. Wheeler, L. Godden, Richard Allen, R. Lyster, P. Steduto, Qiang Jiang, R. Kingsford, J. Quiggin
Increasingly, irrigation infrastructure upgrades have been regarded in global policy as a solution for both water scarcity and low agricultural productivity. However, these technical “fixes” may ultimately prove to be dangerous shortcuts that do little to address the concerns of irrigators, Indigenous People, environmental groups, and local communities about water scarcity, access, security, and sustainability. In the absence of transparent and rigorous governance safeguards, irrigation efficiency upgrades can result in higher water consumption, demand, and ultimately, increased water scarcity. Upgraded irrigation systems also tend to capture return flows and redistribute them to “high value” consumptive water uses, potentially displacing other users and uses, including Indigenous Peoples. In this article, we critique current approaches to governing irrigation efficiency, using a water justice lens to identify four key insights and their implications for governance. We propose new governance pathways and options that take into consideration hydrological realities and the full range of water demands and needs.
在全球政策中,灌溉基础设施升级日益被视为解决水资源短缺和农业生产力低下问题的办法。然而,这些技术“修复”可能最终被证明是危险的捷径,无助于解决灌溉者、土著居民、环保组织和当地社区对水资源短缺、获取、安全和可持续性的担忧。在缺乏透明和严格的治理保障的情况下,灌溉效率的提升可能导致更高的用水量和需求,并最终加剧水资源短缺。升级后的灌溉系统还倾向于收集回流并将其重新分配给“高价值”的消费用水,可能取代其他用户和用途,包括土著人民。在本文中,我们批判了目前治理灌溉效率的方法,使用水正义的视角来确定四个关键见解及其对治理的影响。我们提出了新的治理途径和方案,考虑到水文现实和全方位的水需求和需求。
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引用次数: 6
Changes to water management and declining pastoral resilience in Marsabit County, northern Kenya: The example of Gabra wells 肯尼亚北部马萨比特县水资源管理的变化和牧民适应能力的下降:以加布拉井为例
IF 8.2 1区 地球科学 Q1 ENVIRONMENTAL SCIENCES Pub Date : 2022-09-07 DOI: 10.1002/wat2.1609
F. M'Mbogori, M. G. Kinyua, Ali Gufu Ibrae, P. Lane
In this article, we provide a review of research on the existing and abandoned wells in Marsabit County, Northern Kenya, and associated Indigenous Knowledge concerning water governance, institutions of leadership, and how these have contributed to sustaining a resilient pastoral economy in these harsh landscapes. The article discusses the socio‐ecological systems that have been maintained by pastoralists for generations, linking their sustainability to leadership structures and institutional memory, with a particular focus on the Gabra. It further highlights internal and external interventions by governmental and nongovernmental organizations that are expected to improve the livelihoods of the Gabra and other pastoralists inhabiting the area, but have sometimes had a negative effect on the traditional strategies of water governance and socio‐ecological systems, undermining the long‐term viability of the pastoral economy in Marsabit.
在本文中,我们回顾了对肯尼亚北部马萨比特县现有和废弃井的研究,以及相关的关于水治理、领导制度的土著知识,以及这些知识如何有助于在这些恶劣的环境中维持有弹性的畜牧经济。本文讨论了几代牧民维持的社会生态系统,将其可持续性与领导结构和制度记忆联系起来,并特别关注Gabra。它进一步强调了政府和非政府组织的内部和外部干预措施,这些干预措施有望改善Gabra和居住在该地区的其他牧民的生计,但有时会对传统的水治理战略和社会生态系统产生负面影响,破坏马萨比特牧民经济的长期生存能力。
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引用次数: 0
Understanding synergies and tradeoffs between forests, water, and climate change 了解森林、水和气候变化之间的协同作用和权衡
IF 8.2 1区 地球科学 Q1 ENVIRONMENTAL SCIENCES Pub Date : 2022-09-04 DOI: 10.1002/wat2.1614
Manisha Singh, Bhaskar Sinha, Jigyasa Bisaria, T. Thomas, P. Srivastava
Understanding synergies and trade‐offs between forests, water, and climate change is warranted for designing effective policies and strategies for managing water and forests, which are essential for sustenance, ecological proliferation, and economic development. Forests are considered global storehouse of resources, functioning as ecosystem service providers, such as recyclers of terrestrial water to maintain quality and quantity of water but are constantly regulated by climatic parameters. These interlinkages are further complicated by the highly debated role of forests in water regulation and consumption, anthropogenic changes in land use, changing climatic patterns and their subsequent impacts on the hydrological cycle. However, policy and planning for natural resource management seldom consider the interrelationships between forest, water, and climate change due to lack of consensus, misrepresentations and difficult conversions of the complicated interactions to policy. We review and discuss the existing research on these interrelationships with different approaches using a range of hydrological, climatic, and land use indicators. We further suggest incorporating long‐term data for forest, water, and climate into conceptual, statistical, and stochastic models may yield better projections with fewer uncertainties rather than those focusing on linear interactions between paired components. Thus, there is a need for exploring these interactions holistically rather than in silos from the perspective of natural resource management particularly in developing nations such as India that have a pressing need to develop new and synergize existing strategies for sustainable management of forest and water under changing climatic variables.
了解森林、水和气候变化之间的协同作用和权衡关系,有助于制定有效的水和森林管理政策和战略,这对维持、生态扩散和经济发展至关重要。森林被认为是全球资源库,发挥生态系统服务提供者的作用,如陆地水的再循环者,以保持水的质量和数量,但不断受到气候参数的调节。森林在水的调节和消耗、土地利用的人为变化、不断变化的气候模式及其随后对水文循环的影响等方面的作用引起高度争议,使这些相互联系进一步复杂化。然而,自然资源管理的政策和规划很少考虑森林、水和气候变化之间的相互关系,这是由于缺乏共识、误传和难以将复杂的相互作用转化为政策。我们使用一系列水文、气候和土地利用指标,用不同的方法回顾和讨论了这些相互关系的现有研究。我们进一步建议,将森林、水和气候的长期数据纳入概念、统计和随机模型中,可能比那些关注成对成分之间线性相互作用的模型产生更少不确定性的更好预测。因此,有必要从自然资源管理的角度全面而不是孤立地探索这些相互作用,特别是在印度等发展中国家,这些国家迫切需要制定新的和协同的现有战略,以便在不断变化的气候变量下可持续地管理森林和水。
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引用次数: 0
What benefits are the most important to you, your community, and society? Perception of ecosystem services provided by nature‐based solutions 对你、你的社区和社会来说,什么好处是最重要的?感知基于自然的解决方案所提供的生态系统服务
IF 8.2 1区 地球科学 Q1 ENVIRONMENTAL SCIENCES Pub Date : 2022-08-31 DOI: 10.1002/wat2.1612
M. Hekrle
Ecosystem services (ES) provided by nature‐based solutions (NBS) have been examined using various data collection techniques and preference elicitation methods to understand what ES are important to human well‐being. This article provides a systematic review of 153 scientific publications, with a focus on data collection techniques and perspectives of well‐being used when eliciting preferences toward multiple ES provided by NBS. ES provided by urban parks, urban trees, and community gardens are the most commonly examined; however, generally specified NBS such as “green spaces” or “green infrastructure” prevail. The review further shows that the questionnaire surveys is the dominant technique for bringing evidence about the most preferred ES, followed by semi‐structured interviews and workshops. Only a limited number of studies use revealed or stated preference methods as a part of data collection efforts such as a choice experiment or contingent valuation. Additionally, the review defines three different perspectives of well‐being considered but rarely discussed in existing studies: individual; community; and society well‐being perspectives. As the concept of well‐being is hardly discussed in NBS literature and still depends on a large degree of subjectivity, this review highlights the need for future research that looks more deeply at individual, community, and social well‐being, which is influenced differently by the implementation of NBS.
基于自然的解决方案(NBS)提供的生态系统服务(ES)已经使用各种数据收集技术和偏好启发方法进行了研究,以了解哪些ES对人类福祉很重要。本文对153篇科学出版物进行了系统回顾,重点介绍了数据收集技术和幸福感视角,以及在引发对国家统计局提供的多个ES的偏好时使用的观点。城市公园、城市树木和社区花园提供的ES是最常被检查的;然而,一般指定的国家统计局,如“绿色空间”或“绿色基础设施”占上风。回顾进一步表明,问卷调查是为最受欢迎的ES提供证据的主要技术,其次是半结构化访谈和研讨会。只有有限数量的研究使用揭示的或陈述的偏好方法作为数据收集工作的一部分,如选择实验或条件评估。此外,该综述定义了三种不同的幸福感视角,但在现有研究中很少讨论:个体;社区;和社会福祉的观点。由于福利的概念在国家统计局的文献中很少被讨论,并且仍然依赖于很大程度的主观性,本综述强调了未来研究的必要性,即更深入地研究个人、社区和社会福利,这些都受到国家统计局实施的不同影响。
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引用次数: 8
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Wiley Interdisciplinary Reviews: Water
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