Reading Comprehension

PT154 · S3 · P4 · Q21 International Environmental Conflicts

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In the absence of international statutes prohibiting nations from causing each other environmental damage, scholars of international environmental law typically focus on trying to identify and clarify norms of “customary international law”: that body of commonly accepted—but not formalized—legal principles that is manifest in the behavior of nations toward one another.

Topic

The limits of using customary international law to address international environmental issues

Framework

Challenge Position (the author critiques the idea that certain environmental "norms" are truly customary international law)

Main Point

Many supposed norms of customary international environmental law, such as preventing transboundary harm and following the precautionary principle, are not reflected in what nations actually do, so scholars are misguided in relying on "customary international law" to resolve international environmental cases. Instead, more attention should be given to how these principles influence negotiations and treaties. The Most Valuable Sentence: The final paragraph, especially:

P1: The Role of Customary International Law in Environmental Issues

This paragraph explains that, since there aren't formal international statutes against causing cross-border environmental damage, scholars look to "customary international law"—widely accepted but unofficial rules. Two key principles are often cited: preventing transboundary harm and following the precautionary principle to avoid risking environmental damage to other nations.

P2: The Flaw in Calling These Principles Customary Law

Here, the author says that for a principle to count as customary international law, nations must actually follow it, not just praise it. But in reality, many nations don't actually act on these principles—they just say they support them while continuing to allow pollution.

P3: The Reality of "Norms"—More Ideals Than Laws

The passage highlights that though nations and scholars say they focus on what countries really do, in practice they care more about what nations claim to support. These environmental "norms" are more about shared ideals and rhetoric than actual legal practice, and shouldn't really be seen as customary law.

21.

Which one of the following most accurately expresses the main point of the passage?

  1. Preventing transboundary harm is often

    Too Narrow Wrong Emphasis

    Too Narrow Wrong Emphasis: missing Problem / Solution This doesn't state the problem, "these norms that scholars think reflect the actual behavior of nations do not reflect the actual behavior". And it doesn't state the solution, "scholars should focus instead on the core environmental principles that undergird negotiations and treaty formation".

    1% picked this

  2. International law is an ideological

    Opposite

    The problem the author is highlighting is that, "these norms of international law that scholars think reflect the actual behavior of nations do not reflect their actual behavior, just their professed values." This answer is saying that international law's ideals do reflect actions and don't reflect professed values.

    11% picked this

  3. Many scholars believe that passing

    Wrong Emphasis: many scholars believe

    The author wrote this passage to call out a problem and to recommend a course-correction. Her main point is going to sound like, "In light of this problems here's what I think we should do". This answer is just a descriptive claim about what many scholars believe. There's no way the main point of this passage should be written 3rd person. The main point answer should express the author's voice.

    3% picked this

  4. The debate regarding which environmental

    Out of Scope

    Out of Scope: which nations have violated The main clause here is, "We've got to sort out which norms belong in customary international law so that we can figure out which nations are rulebreakers." The main point of the passage is, "These supposed-norms in customary international law are not norms, because they just reflect what nations profess to believe, not how they act. Thus, we should use something besides these norms."

    8% picked this

  5. Correct

    Solutions to international environmental conflicts

    Why this is right

    If we were looking for an answer that sounded like the author's "Solution", then look no further than an answer that starts with "Solutions"! We wanted an answer to sound like the recommendation the author is making in the final paragraph: It would be productive for scholars to study disputes more consonant with this trend. Specifically, attention should be directed toward how the affirmation of core environmental principles can contribute to negotiations and treaty formation. The second half of this answer choice is referencing the "norms of customary international law" which the author spent the first few paragraphs complaining about. (scholars define norms as reflecting countries' actual actions, but the author says they don't).

    Skill tested: Main Point · how this choice captures the passage's function is the move to repeat next time.

    76% picked this

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