DISCUSSION: The sentence right before the highlighted sentence says that nations profess to care about preventing transboundary harm, but don’t behave in a congruent way. This means that the precautionary principle fails to meet the criterion to be considered a customary international law norm.
Remember: if CIL norm ➔ nations abide principle in practice
The highlighted sentence is an example of the principle failing. Otherwise, nations would abide by this principle and stop letting harmful pollutants cross borders.
___________
- The author never makes this contention.
- No, the author thinks current customary international laws are ineffective, and suggests using treaties and negotiations instead.
- This example is used to suggest that customary international laws are ineffective, and treaties and negotiations should be used instead.
- Yes the author agrees with the scholars’ environmental concerns, but the function of this sentence isn’t to express his agreement.
- CORRECT. The pollutants are mentioned as evidence that the principle failed to met CIL norms criterion.
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