Reading ComprehensionDifficulty: Medium

PT155 S3 P2 Q10 ExplanationILC's Draft Articles

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TopicsLocate DetailLaw

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Passage

With rapidly expanding populations, growing industrial development, and dwindling water supplies on national and regional levels, water is fast replacing oil as the world’s most valuable resource. Meanwhile, the growing importance of water in geopolitical affairs has increased the potential for international conflict over water resources. Thus as development and other threats Nations’ International Law Commission (ILC) to develop a treaty structure for the uses of international watercourses.

The ILC’s Draft Articles on the Law of the Non-Navigational Uses of International Watercourses are an attempt to codify the customary principles of international water law as those principles are manifested in past legal decisions and currently accepted international practice. The Draft Articles are intended as a set of guidelines for the watercourse should be equitable and reasonable, and that nations should work for the protection of ecosystems.

Though the Draft Articles are a significant step forward in the formulation of legal principles for the protection and regulation of international rivers, they are inadequate because they do not provide satisfactory ways of dealing with possible future environmental changes. One significant environmental threat to the world’s rivers is the increase of from increased runoff due to snowmelt or, more importantly, from decreased precipitation in many regions.

Treaties that allocate fixed amounts of water to various countries based on current usage, as suggested by the Draft Articles, will not be flexible enough to respond to these large fluctuations in river flows. Once specific water rights are allocated along a river in accordance with the Draft Articles, nations would have climate changes, such as how reduced flows will be allocated among the countries sharing a river.

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
10.

According to the passage, a primary purpose for the development of the Draft

Answer choices, explained

  1. Out of Scope: criticize1% picked this

    criticize existing international practices resulting from past

    None of our eligible answers deal with critiquing existing international practices. They wanted to codify them (put them in writing). 1. there's a need for legal mechanisms to manage and protect resources that traverse multiple borders (i.e. rivers) 2. this codifies customary principles 3. this creates a set of guidelines for creating treaties

  2. Correct77% picked this

    provide an explicit formulation of some commonly applied principles of

    Why this is right

    This sounds like the 2nd of our possible answers. As we're told in the first sentence of the 2nd paragraph, the Draft Articles, ... are an attempt to codify the customary principles of international water law as those principles are manifested in past legal decisions and currently accepted international practice. Codifying something means to "put it into statutory language". Nowadays, pro-choice people talk about Congress needing to "codify Roe v. Wade" which means, "take that SCOTUS decision, which said that people can have an abortion prior to fetal viability, and write an actual law that explicitly says as much". If your workplace had a real informal sick day policy like, "Hey, man, don't come to work if you're sick", then codifying the sick policy would be sending out an email that says, "Okay, we've had some questions about what our sick policy is. Let's clarify. If you have a fever of more than 99 degrees ...." So "codify" = "provide an explicit formulation", and then the rest of the answer sounds like a synonymous match for the rest of that first sentence of the 2nd paragraph.

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

  3. Too Strong: uniform20% picked this

    establish uniform judicial procedures for deciding disputes over

    The Draft Articles seek to articulate in writing what "guiding principles" have been used, and to create a set of "guidelines", but that's looser and more malleable than saying, "We're establishing uniform (identical) judicial procedures".

  4. Out of Scope2% picked this

    protect the pre-existing water rights of those countries that use the

    Out of Scope: protect those who use most None of our three available answers has anything do with saying we need to protect the rights of the thirstiest countries. The passage never singles out "countries who use the most water". 1. there's a need for legal mechanisms to manage and protect resources that traverse multiple borders (i.e. rivers) 2. this codifies customary principles 3. this creates a set of guidelines for creating treaties

  5. Too Strong1% picked this

    help guarantee continued industrial development in countries that

    Too Strong: guarantee Out of Scope: continued industrial development None of our three possible answers resemble the idea of "guaranteeing continued industrial development". 1. there's a need for legal mechanisms to manage and protect resources that traverse multiple borders (i.e. rivers) 2. this codifies customary principles 3. this creates a set of guidelines for creating treaties

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