THE RELATIONSHIP BETWEEN GENETIC DAMAGE AND ECOLOGICAL DAMAGE

Abstract

Environmental protection has become a central legal challenge in contemporary societies, particularly in light of scientific and technological developments that have intensified risks to natural ecosystems and genetic integrity. Environmental harm has evolved beyond traditional and immediately perceptible forms to encompass complex, cumulative, latent, and scientifically uncertain damage, most notably ecological damage and genetic damage. These forms of harm raise serious challenges for classical civil liability systems, which are traditionally based on personal, direct, and certain damage, as well as a clearly established causal link.

This study examines the legal nature of ecological and genetic damage and highlights the points of convergence between them, with particular emphasis on their non-personal, indirect, cumulative, and probabilistic characteristics. It critically assesses the ability of traditional civil liability rules to provide effective legal protection against such damage, especially in relation to causation, attribution of responsibility, and compensability. Focusing on Algerian environmental legislation, the analysis reveals that despite the recognition of indirect environmental damage and collective standing, the reliance on general civil liability principles remains insufficient.

The study concludes that the absence of an autonomous liability regime for ecological and genetic damage significantly limits the effectiveness of legal protection. It underscores the need for legislative reform capable of accommodating scientific uncertainty and ensuring effective protection of ecological and genetic interests.