Environmental and Energy Law by Karen E Makuch, Dr. Ricardo Pereira

By Karen E Makuch, Dr. Ricardo Pereira

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Such legal definitions also help to provide clarity as to terminology. Frequently, such primary legislation is concerned with the protection of the environment and that is a principal aim of environmental law. 39 The term ‘environment’ is not defined in the Treaty on the Functioning of the European Union. However, it follows from Articles 191(1) and 192(2), which are the basis for EU environmental policy, that the environment covers human beings, natural resources, land use, town and country planning, waste and water.

11 It has since been used to influence environmental decision-making, and continues to do so, at national, EU and international levels. The precautionary principle is enshrined in the Treaty on the Functioning of the European Union (TFEU)12 and informs law and policy making in the EU, as well in the Member States. 18 Moreover, in the International Court of Justice’s decision in the Pulp Mills (2010) case, it was reiterated that the burden of proof still lies with the claimant State, and that the precautionary approach could not be used to reverse the burden of proof in cases where serious risk cannot be established by the claimant State.

This suggests that engineers and scientists, in the exercise of their respective professions, must understand how law and policies are implemented and applied, so that they can better influence regulatory policy developments. 1 The law- and policy-making practice and the influence of science As seen above, science plays a vital role in the development of environmental policy and regulation. Scientists set the course of environmental policy, for example, by defining acceptable levels of 2 3 4 BBC News (2009).

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