ENVIRONMENTAL FORENSICS AND ENVIRONMENTAL LAW IN FRENCH AND EUROPEAN PERSPECTIVES: A TWO WAYS APPROACH

摘要

According to common wisdom, the contribution of scientific expertise to the jurisdictional process is seen as a one way process. This view is enhanced by the scientific community. In the field of Environmental Forensics, the contaminant specific guide published under the direction of Robert D. Morrison and Brian L. Murphy gives a definition of the discipline as being: "the systematic and scientific evaluation of physical, chemical and historical information for the purpose of developing defensible scientific and legal conclusions regarding the source or age of contaminant release into the environment." According to this definition, Environmental Forensics is seen as a scientific discipline with a practical turn. Whenever the question arises as to the origin or the age of a pollutant release in environmental cases, Environmental Forensics can be drawn on to provide adequate material that can be used to develop "defensible scientific and legal conclusions". This definition stresses the contribution of Environmental Forensics, as a developing scientific discipline, to the jurisdictional process.