Reading Comprehension

PT154 · S3 · P4 · Q27 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.

27.

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

Correct
the extent to which the
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.
59% picked this
the proportion of international environmental
Out of Scope: proportion of disputes
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.
8% picked this
the relative success rates of
Out of Scope: success of remedies
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.
9% picked this
the extent to which the
Out of Scope: treaties
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.
21% picked this
the extent to which scholars
Out of Scope: scholarly agreement
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.
4% picked this

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