Reading ComprehensionDifficulty: Hard

PT154 S3 P4 Q27 ExplanationInternational Environmental Conflicts

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Passage

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. Two nations to exercise due care to avoid putting other nations at significant risk of environmental harm.

In debating whether a given principle should be classified as a norm of customary international law for the purposes of deciding international cases, scholars of international environmental law generally accept an established criterion: principles are norms only if nations customarily abide by the principles in actual practice rather than merely affirming them constantly cross most international borders, and that nations have only rarely attempted to remedy this situation.

Even though nations only rarely abide by these environmental “norms,” they nevertheless routinely profess to accept them. Similarly, while scholars discussing customary international law claim to focus on what nations do, their debates are almost invariably based on what nations profess. In reality, international environmental “norms” primarily reflect the evaluative standards that characterized as an ideological system, since they merely represent some collective ideals of the international community.

In light of this fact, those scholars who seek in customary international law a firm grounding for decisions in international environmental cases are misdirecting their efforts. This is especially true given that international treaties and direct negotiations, rather than international court decisions, are now the principal means of resolving international environmental disputes. would promote progress toward agreements that could effectively hold nations to appropriate standards of environmental conduct.

What this question is testing

Locate Detail

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
27.

The author states that there is a dearth of systematic empirical investigation into which one

Answer choices, explained

  1. Correct54% picked this

    the extent to which the actions of nations conform to principles of customary

    Why this is right

    We can make this answer work if we think of the final sentence of the 2nd paragraph as referring to the sentence prior. The 2nd to last sentence of that 2nd paragraph says, many supposed norms, including the two 'principles of customary international environmental law' (transboundary harm / precautionary principle), do not reflect the actual behavior of many nations. That sentence is saying that the actions of nations do not conform to the principles of customary international environmental law (the transboundary harm / precautionary principle). And the following clause is "Although systematic empirical studies are lacking". So apparently that clause was referring to the previous clause, not the final clause of the 2nd paragraph. An although clause like the one we're looking at can potentially refer backwards or forwards. For example (referring backwards): Some people think that rain causes arthritis to be worse. Although systematic empirical studies are lacking, my grandpa always complains about his knee on rainy days. (referring forwards) My grandpa always complains about his knee on rainy days. Although systematic empirical studies are lacking, some people think that rain causes arthritis to be worse. In the case of this sentence, it seems ambiguous whether the although clause it meant to refer forward or backwards, but this answer ends up being the only viable option we have.

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

  2. Out of Scope: proportion of disputes9% picked this

    the proportion of international environmental disputes that are remedied by treaties and negotiations as compared with those that are remedied by the

    The author isn't saying anything in this area about wishing we had data on what percentage of disputes used treaties/negotiations and what percentage applied customary I.E. law. The author is saying we don't have data on how much countries violate the transboundary harm principle they supposedly follow.

  3. Out of Scope: success of remedies11% picked this

    the relative success rates of different attempted legal remedies for the problem of

    The author isn't saying anything in this area about legal remedies. The author is saying we don't have data on how much countries violate the transboundary harm principle they supposedly follow by allowing harmful pollutants to cross international borders.

  4. Out of Scope: treaties21% picked this

    the extent to which the pollution currently crossing international boundaries is in violation of

    The author isn't saying anything in this area about treaties. She doesn't bring up treaties until the 4th paragraph. This paragraph is just talking about countries not following the principles they purportedly adhere to, allowing pollution to cross borders into other countries.

  5. Out of Scope: scholarly agreement5% picked this

    the extent to which scholars of international environmental law agree about which principles are norms of

    The author isn't saying anything in this area about wishing we had data on how much scholars agree / disagree on what the exact principles are that qualify as norms of customary international law. The surrounding details are just talking about the extent to which nations allow pollutants to cross international borders while espousing their belief in the principle of transboundary harm.

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