PrepTest 154, Section 3, Question 24

OrganizationDifficulty5 of 5
Passage 4Environmental ideals, customary international law, and negotiated agreements
The questionFull text in your LawHub copy of PrepTest 154

In the absence of international statutes prohibiting nations(426 more words not shown)

Which one of the following(13 more words not shown)

Reading the passage

The first paragraph introduces the scholars' approach: identify customary norms that can guide international environmental cases. The final paragraph judges that approach to be misdirected and proposes studying treaties and negotiations instead.

What we’re looking for

The link is a criticism followed by a recommended change. The author also explains why the change matters: those agreements are now the main means of resolving disputes, and studying them could help produce more effective standards.

Working the answers

  • A
    Correct

    All three parts match. The author opposes the opening's scholarly approach, offers attention to negotiation and treaty formation as an alternative, and supports that proposal through the trend in dispute resolution and the prospect of effective agreements.

  • B

    The author does question whether the two principles qualify as customary law. But the proposed alternative is a different scholarly approach, not a new pair of environmental principles. Scholars should study how affirming core principles can contribute to agreements; the author doesn't replace and defend a new set of principles.

  • C

    The final paragraph does not return to accepting the original approach. It endorses the criticism and recommends redirecting the scholars' work.

  • D

    The final paragraph tells scholars to turn toward negotiations and treaty formation. It doesn't redirect them toward determining the legal status of the two principles. That would keep their attention on the classification problem the author wants them to move beyond.

  • E

    The author challenges the approach introduced in the opening rather than reaffirming it. The proposal to redirect scholarly effort is the author's own recommendation, not a proposal attributed to the scholars.

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