हिंदी

According to the Passage, Wto Promoted the Technical Legal Values Partly Through.

Advertisements
Advertisements

प्रश्न

Read the given passage carefully and choose the most appropriate option to the questions given below.
The World Trade Organisation (WTO) was created in the early 1990s as a component of the Uruguay Round negotiation. However, it could have been negotiated as part of the Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’ of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to the future, as the US government wanted. What factors led to the creation of the WTO in the early 1990s?One factor was the pattern of multilateral bargaining that developed late in the Uruguay Round. Like all complex international agreements, the WTO was a product of a series of trade­offs between principal actors and groups. For the United States, which did not want a new organization, the disputed settlement part of the WTO package achieved its longstanding goal of a more effective and more legal dispute settlement system. For the Europeans, who by the 1990s had come to view GATT dispute settlement less in political terms add more as a regime of legal obligations, the WTO package was acceptable as a means to discipline the resort to unilateral measures by the United States. Countries like Canada and other middle and smaller trading partners were attracted by the expansion of a rule­based system and by the symbolic value of a trade organization, both of which inherently support the weak against the strong. The developing countries were attracted due to the provisions banning unilateral measures. Finally, and perhaps most important, many countries at the Uruguay Round came to put a higher priority on the export gains than on the import losses that the negotiation would produce, and they came to associate the WTO and a rule­based system with those gains. This reasoning – replicated in many countries – was contained in U. S. Ambassador Kantor’s defense of the WTO, and it announced to a recognition that international trade and its benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated rule­based environment.A second factor in the creation of the WTO was pressure from lawyers and the legal process. The dispute settlement system of the WTO was seen as a victory of legalists but the matter went deeper than that. The GATT, and the WTO, are contract organizations based on rules, and it is inevitable that an organization creating a further rule will, in turn, be influenced by legal process. Robert Hudee has written of the‘momentum of legal development’, but what is this precisely? Legal development can be defined as promotion of the technical legal values of consistency, clarity (or certainty) and effectiveness; these are values that those responsible for administering any legal system will seek to maximize. As it played out in the WTO, consistency meant integrating under one roof a whole lot of separate agreements signed under GATT auspices; clarity meant removing ambiguities about the powers of contracting parties to make certain decisions or to undertake waivers; and effectiveness meant eliminating exceptions arising out of grandfather­rights and resolving defects in dispute settlement procedures and institutional provisions. Concern for these values is inherent in any rule­based system of co­operation since without these value rules would be meaningless in the first place, therefore, create their own incentive for fulfillment.The moment of legal development has occurred in other institutions besides the GATT, most notably in the European Union (EU). Over the past two decades, the European Court of Justice (ECJ) has consistently rendered decisions that have expanded incrementally the EU’sinternal market, in which the doctrine of ‘mutual recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The court is now widely recognized as a major player in European integration, even though arguably such a strong role was not originally envisaged in the Treaty of Rome, which initiated the current European Union. One means the Court used to expand integration was the ‘teleological method of interpretation’, whereby the actions of member states were evaluated against ‘the accomplishment of the most elementary goals set forth in the Preamble to the (Rome) treaty. The teleological method represents an effort to keep current policies consistent with stated goals, and it is analogous to the effort in GATT to keep contracting party trade practices consistent with slated rules. In both cases, legal concerns and procedures are an independent force for further co­operation.In the large part, the WTO was an exercise in consolidation. In the context of a trade negotiation that created a near­revolutionary expansion of international trade rules, the formation of the WTO was a deeply conservative act needed to ensure that the benefits of the new rules would not be lost. The WTO was all about institutional structure and dispute settlement: these are the concerns of conservatives and not revolutionaries, that is why lawyers and legalists took the lead on these issues. The WTO codified the GATT institutional practice that had developed by custom over three decades, and it incorporated a new dispute settlement system that was necessary to keep both old and new rules from becoming a sham. Both the international structure and the dispute settlement system were necessary to preserve and enhance the integrity of the multilateral trade regime that had been built incrementally from the 1940s to the 1990s.
According to the passage, WTO promoted the technical legal values partly through.

विकल्प

  • Rules that create their own incentive for fulfilment.

  • Ambiguities about the powers of contracting parties to make certain decisions.

  • Integrating under one roof the agreements signed under GATT.

  • Grandfather ­- rights exceptions and defects in dispute settlement procedures.

MCQ
Advertisements

उत्तर

Integrating under one roof the agreements signed under GATT.

shaalaa.com
Comprehension Passages (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2016-2017 (May) Set 1

संबंधित प्रश्न

The question in this section is based on what is stated or implied in the passage given below. For the question, choose the option that most accurately and completely answers the question. 

The words invention and Innovation are closely linked, but they are not interchangeable. The inventor is a genius who uses his intellect, imagination, time and resources to create something that does not exist. But this invention may or may not be of utility to the masses. It is the enterprising innovator who uses various resources, skills and time to make the invention available for use. The innovator might use the invention as it is, modifies it or even blend two or more inventions to make one marketable product. A great example is that of the iPhone which is a combination of various inventions. If an invention is the result of countless trials and errors, so can be the case with innovation. Not every attempt to make an invention is successful. Not every innovation sees the light of the day. Benjamin Franklin had the belief that success doesn‘t come without challenge, mistake, and in a few cases failure.  

One of the world‘s most famous innovators, Steve Jobs says, ―Sometimes when you innovate, you make mistakes. It is best to admit them quickly and get on with improving your other innovations.‖ Thus, inventors and innovators have to be intrepid enough to take risks; consider failures as stepping stones and not stumbling blocks. Some inventions are the result of a keen observation or a simple discovery. The inventor of Velcro, also called the zipless zipper, is the Swiss engineer George de Mestral. He was hiking in the woods when he found burrs clinging to his clothes and his dog‘s fur. Back at home, he studied the burrs. He discovered that each burr was a collection of tiny hooks which made it cling on to another object. A few years later, he made and patented the strips of fabric that came to us like Velcro. The world of inventions and innovations is a competitive one. But the race does not end here; it is also prevalent in the case of getting intellectual property rights. There have been inventors who failed to get a single patent while there have been some who managed to amass numerous patents in their lifetime. Thomas Edison had 1,093 patents to his credit! We relate the telephone with Alexander Graham Bell. It is believed that around the same time, Antonio Meucci had also designed the telephone, but due to a lack of resources and various hardships, he could not proceed with the patent of his invention. It is also believed that Elisha Gray had made a design for the telephone and applied for the patent at the U.S. patent office on the same day as Graham Bell did. By sheer chance, Graham‘s lawyer‘s turn to file the papers came first. Hence, Graham was granted the first patent for the telephone. It is not easy, and at times almost impossible, for an inventor to be an innovator too. There are very few like Thomas Edison who graduated from being an incredible inventor to a successful manufacturer and businessman with brilliant marketing skills. While innovations that have helped to enhance the quality of life are laudable, equally laudable are the inventions that laid the foundation of these very innovations. 

Velcro can be best described as 


The question in this section is based on what is stated or implied in the passage given below. For the question, choose the option that most accurately and completely answers the question. 

The words invention and Innovation are closely linked, but they are not interchangeable. The inventor is a genius who uses his intellect, imagination, time and resources to create something that does not exist. But this invention may or may not be of utility to the masses. It is the enterprising innovator who uses various resources, skills and time to make the invention available for use. The innovator might use the invention as it is, modifies it or even blend two or more inventions to make one marketable product. A great example is that of the iPhone which is a combination of various inventions. If an invention is the result of countless trials and errors, so can be the case with innovation. Not every attempt to make an invention is successful. Not every innovation sees the light of the day. Benjamin Franklin had the belief that success doesn‘t come without challenge, mistake, and in a few cases failure.  

One of the world‘s most famous innovators, Steve Jobs says, ―Sometimes when you innovate, you make mistakes. It is best to admit them quickly and get on with improving your other innovations.‖ Thus, inventors and innovators have to be intrepid enough to take risks; consider failures as stepping stones and not stumbling blocks. Some inventions are the result of a keen observation or a simple discovery. The inventor of Velcro, also called the zipless zipper, is the Swiss engineer George de Mestral. He was hiking in the woods when he found burrs clinging to his clothes and his dog‘s fur. Back at home, he studied the burrs. He discovered that each burr was a collection of tiny hooks which made it cling on to another object. A few years later, he made and patented the strips of fabric that came to us like Velcro. The world of inventions and innovations is a competitive one. But the race does not end here; it is also prevalent in the case of getting intellectual property rights. There have been inventors who failed to get a single patent while there have been some who managed to amass numerous patents in their lifetime. Thomas Edison had 1,093 patents to his credit! We relate the telephone with Alexander Graham Bell. It is believed that around the same time, Antonio Meucci had also designed the telephone, but due to a lack of resources and various hardships, he could not proceed with the patent of his invention. It is also believed that Elisha Gray had made a design for the telephone and applied for the patent at the U.S. patent office on the same day as Graham Bell did. By sheer chance, Graham‘s lawyer‘s turn to file the papers came first. Hence, Graham was granted the first patent for the telephone. It is not easy, and at times almost impossible, for an inventor to be an innovator too. There are very few like Thomas Edison who graduated from being an incredible inventor to a successful manufacturer and businessman with brilliant marketing skills. While innovations that have helped to enhance the quality of life are laudable, equally laudable are the inventions that laid the foundation of these very innovations. 

Which of the following is Untrue? 


Paragraph: On the surface, the conquest of the Aztec empire by Herman Cortes is one of the most amazing military accomplishments in history. With a small fighting force numbering in the hundreds, Cortes led the Spanish explorers into victory against an Aztec population that many believe topped 21 million. In light of such a seemingly impossible victory, the obvious question is: how did a small group of foreign fighters manage to topple one of the world's strongest, wealthiest, and most successful military empires? 
Several factors led to Cortes' success. First, the Spanish exploited animosity toward the Aztecs among rival groups and convinced thousands of locals to fight. In one account of a battle, it is recorded that at least 200,000 natives fought with Cortes. Next, the Spanish possessed superior military equipment in the form of European cannons, guns, and crossbows, leading to effective and efficient disposal of Aztec defenses. For example, Spanish cannons quickly defeated large Aztec walls that had protected the empire against big and less technically advanced armies.

Despite the Spanish advantages, the Aztecs probably could have succeeded in defending their capital city of Tenochtitlan had they leveraged their incredible population base to increase their army's size and ensured that no rogue cities would ally with Cortes. In order to accomplish this later goal, Aztec leader Motecuhzoma needed to send envoys to neighboring cities telling their inhabitants about the horrors of Spanish conquest and the inevitability of Spanish betrayal.

In addition, the Aztecs should have exploited the fact that the battle was taking place on their territory. No reason existed for the Aztecs to consent to a conventional battle, which heavily favored the Spanish. Motecuhzoma's forces should have thought outside the box and allowed Cortes into the city, only to subsequently use hundreds of thousands of fighters to prevent escape and proceed in surprise "door-to-door" combat. With this type of battle, the Aztecs would have largely thwarted Spanish technological supremacy. However, in the end, the superior weaponry of the Spanish, the pent-up resentment of Aztec rivals, the failure of Aztec diplomacy, and the lack of an unconventional Aztec war plan led to one of the most surprising military outcomes in the past one thousand years.

According to the passage, all of the following led to Cortes success except:


Read the passage and answer the question based on it.
The world dismisses curiosity by calling it idle, or mere idle curiosity – even though curious persons are seldom idle. Parents do their best to extinguish curiosity in their children because it makes life difficult to be faced every day with a string of unanswerable questions about what makes fire hot or why grass grows. Children whose curiosity survives parental discipline are invited to join our university. Within the university, they go on asking their questions and trying to find the answers. In the eyes of a scholar, that is mainly what a university is for. Some of the questions that scholars ask seem to the world to be scarcely worth asking, let alone answering. They ask questions too minute and specialized for you and me to understand without years of explanation. If the world inquires one of them why he wants to know the answer to a particular question, he may say, especially if he is a scientist, that the answer will, in some obscure way, make possible a new machine or weapon or gadget. He talks that way because he knows that the world understands and respects utility. But to you who are now part of the university, he will say that he wants to know the answer, simply because he does not know it. The way a mountain climber wants to climb a mountain simply because it is there. Similarly, a historian when asked by outsiders why he studies history may come out with the argument that he has learned to repeat on such occasions, something about the knowledge of the past, making it possible to understand the present and mold the future. But if you really want to know why a historian studies the past, the answer is much simpler: something happened, and he would like to know what. All this does not mean that the answers which scholars find to their questions have no consequences. They may have enormous consequences, but these seldom form the reason for asking the question or pursuing the answers. It is true that scholars can be put to work answering questions for the sake of the consequences, as thousands are working now, for example, in search of a cure for cancer. But this is not the primary function of the scholar, for the consequences are usually subordinate to the satisfaction of curiosity.
In the statement 'that is mainly what a university is for', 'that' refers to


Passage in this section is followed by a group of question which is to be answered on the basis of what is stated or implied in the passage. For some questions, more than one of the choices could conceivably answer the question. However, you are to choose the best answer, that is, the response that most accurately and completely answers the question and blacken the corresponding space.

One of the most prolific authors of all time, Isaac Asimov was influential both in science fiction and in the popularization of science during the twentieth century, but he is also justly famous for the scope of his interests. Although the common claim that Asimov is the only author to have written a book in every category of the Dewey decimal system is untrue, its spirit provides an accurate picture of the man: a dedicated humanist who lauded the far-reaching power of reason. His most famous work, the Foundation trilogy, can be read as an illustration of Asimov’s belief in reason and science, but even while he expressed that belief, science itself was calling it into question.

Foundation describes a time in which a vast Empire spanning the galaxy is on the verge of collapse. Its inevitable doom is a consequence not of its size, but of the shortsightedness of its leaders. In this environment, a scientist named Hari Seldon devises an all encompassing plan to help human civilization recover from the trauma of the Empire’s coming collapse. Using mathematics, Seldon is able to predict the future course of history for thousands of years, and he takes steps that are geared toward guiding that future in a beneficial direction. The trope of the benevolent and paternalistic scientist shaping existence from behind the scenes, present in much of Asimov’s fiction, is never more explicit than in the Foundation series, which describes with an epic sweep the course and progress of the Seldon Plan. 

As naive and, perhaps, self-serving as the conceit of Foundation may seem to contemporary readers, it retains to some degree its ability of comfort by offering an antidote to the complex and unpredictable nature of experience. Science in Asimov’s time was, in popular conceptions, engaged in just this pursuit: discerning immutable laws that operate beneath a surface appearance of contingency, inexplicability, and change. But even while Asimov wrote, science itself was changing. In Physics, the study of matter at the subatomic level showed that indeterminacy was not a transitory difficulty to be overcome, but an essential physical principle. In Biology, the sense of evolution as steady progress toward better-adapted forms was being disturbed by proof of a past large-scale evolution taking place in brief explosions, of frantic change. At the time of Asimov’s death, even Mathematics was gaining popular notice for its interest in chaos and inexplicability. Usually summarized in terms of the so-called ‘butterfly effect’, chaos theory showed that perfect prediction could take place only on the basis of perfect information, which was by nature impossible to obtain. Science had dispensed with the very assumptions that motivated Asimov’s idealization of it in the Seldon Plan. Indeed, it was possible to see chaos at work in Foundation itself: as sequels multiplied and began to be tied into narrative threads from Asimov’s other novels, the urge to weave one grand narrative spawned myriad internal inconsistencies that were never resolved.

With respect of the Seldon Plan, the author’s attitude can most properly be described as 


Read the passage and answer the question following it.

Roger Rosenblatt's book 'Black Fiction', manages to alter the approach taken in many previous studies by making an attempt to apply literary rather than socio-political criteria to subject Rosenblatt points out that criticism of Black writing has very often served as a pretext for an expounding on Black history. The recent work of Addison Gayle's passes judgment on the value of Black fiction by clear political standards, rating each work according to the ideas of Black identity, which it propounds. Though fiction results from political circumstances, its author reacts not in ideological ways to those circumstances and talking about novels and stories primarily as instruments of ideology circumvents much of the enterprise. Affinities and connections are revealed in the works of Black fiction in Rosenblatt's literary analysis; these affinities and connections have been overlooked and ignored by solely political studies. 

The writing of acceptable criticism of Black fiction, however, presumes to give satisfactory answers to quite a few questions. The most important of all, is there a sufficient reason, apart from the racial identity of the authors, for the grouping together of Black authors? Secondly, what is the distinction of Black fiction from other modern fiction with which it is largely contemporaneous? In the work, Rosenblatt demonstrates that Black fiction is a distinct body of writing, which has an identifiable, coherent literary tradition. He highlights recurring concerns and designs, which are independent of chronology in Black fiction written over the past eighty years. These concerns and designs are thematic, and they come to form the central fact of the predominant white culture, where the Black characters in the novel are situated irrespective of whether they attempt to conform to that culture or they rebel against it.

Rosenblatt's work does leave certain aesthetic questions open. His thematic analysis allows considerable objectivity; he even clearly states that he does not intend to judge the merit of the various works yet his reluctance seems misplaced, especially since an attempt to appraise might have led to interesting results. For example, certain novels have an appearance of structural diffusion. Is this a defeat, or are the authors working out of, or attempting to forge, a different kind of aesthetic? Apart from this, the style of certain Black novels, like Jean Toomer's Cane, verges on expressionism or surrealism; does this technique provide a counterpoint to the prevalent theme that portrays the fate against which Black heroes are pitted, a theme usually conveyed by more naturalistic modes of expressions?

Irrespective of such omissions, what Rosenblatt talks about in his work makes for an astute and worthwhile study. His book very effectively surveys a variety of novels, highlighting certain fascinating and little-known works like James Weldon Johnson's Autobiography of an Ex-Coloured Man. Black Fiction is tightly constructed, and levelheaded and penetrating criticism is exemplified in its forthright and lucid style. 

The author is of the opinion that Black Fiction would have been improved had Rosenblatt 


Read the given passage carefully and attempt the questions that follow.

It is an old saying that knowledge is power. Education is an instrument that imparts knowledge and therefore, indirectly controls power. Therefore, ever since the dawn of our civilisation, persons in power have always tried to supervise or control education. It has been the handmaid of the ruling class. During the Christian era, the ecclesiastics controlled the institution of education and diffused among the people the gospel of the Bible and religious teachings. These gospels and teachings were no other than a philosophy for the maintenance of the existing society. It taught the poor man to be meek and to earn his bread with the sweat of his brow, while the priests and the landlords lived in luxury and fought duels for the slightest offence. During the Renaissance, education passed more from the clutches of the priest into the hands of the prince. In other words, it became more secular. Under the control of the monarch, education began to devise and preach the infallibility of its masters, the monarch or king. It also invented and supported fantastic theories like “The Divine right Theory” and that the king can do no wrong, etc. With the advent of the industrial revolution, education took a different turn and had to please the new masters. It now no longer remained the privilege of the baron class, but was thrown open to the new rich merchant class of the society. The philosophy which was in vogue during this period was that of “Laissez Faire” restricting the function of the state to a mere keeping of laws and order while on the other hand, in practice the law of the jungle prevailed in the form of free competition and the survival of the fittest.

Who controlled the institution of education during the Christian Era? 


The questions in this section are based on the passage. The questions are to be answered on the basis of what is stated or implied in the passage.

Under very early common law, all felonies were punishable by death. The perpetrators of the felony were hanged whether or not a homicide had been committed during the felony. Later, however, some felonies were declared be non-capital offences. The common law courts, in need of a deterrent to the use of deadly force in the course of these non-capital felonies, developed the "felony-murder" rule. The first formal statement of the rule stated: "Any killing by one in the commission of a felony is guilty of murder." The killing was a murder whether intentional or unintentional, accidental or mistaken. The usual requirement of malice was eliminated and the only criminal intent necessary was the intent to commit the particular underlying felony. All participants in the felony were guilty of a murder-actual killer and non-killer confederates.

Proponents of the rule argued that it was justified because the felony demonstrated a lack of concern for human life by the commission of a violent and dangerous felony and that the crime was murder either because of a conclusive presumption of malice or simply by force of statutory definition. 

Opponents of the rule describe it as a highly artificial concept and "an enigma wrapped in a riddle." They are quick to point out that the rule has been abandoned in England where it originated, abolished in India, severely restricted in Canada and a number of other commonwealth countries are unknown in continental Europe and abandoned in Michigan. In reality, the real strength of the opponents' criticism stems from the bizarre and of times unfair results achieved when the felony-murder rule is applied mechanically. Defendants have been convicted under the rule where the killing was purely accidental, or the killing took place after the felony during the later flight from the scene; or a third party killed another (police officer killed a citizen or vice versa; or a victim died of a heart attack 15 -20 minutes after the robbery was over or the person killed was an accomplice in the felony).

Attacks on the rule have come from all directions with basically the same demand -reevaluate and abandon the archaic legal fiction; restrict and limit vicarious criminal liability; prosecute killers for murder, not non-killers; increase punishment for the underlying felony as a real deterrent, and initiate legislative modifications. With the unstable history of the felony -murder rule, including its abandonment by many jurisdictions in this country, the felony -murder rule is dying a slow but certain death.

According to the passage, the decline of support for the felony –murder rule is indicted by the abandoning of the rule in all of the following locations EXCEPT 


Choose the word that is most similar to the meaning of the given word.

Diminish


Read the given passages and answer the question with the help of the information provided in the passage.

Teaching, more even than most other professions, has been transformed during the last hundred years from a small, highly skilled profession concerned with a minority of the population, to a large and important branch of public service. The profession has a great and honourable tradition, extending from the dawn of history until recent times, but any teacher in the modern world who allows himself to be inspired by the ideals of his predecessors is likely to be made sharply aware that it is not his function to teach what he thinks, but to instill such beliefs and prejudices as are thought useful by his employers. 

In modern times, a successful teacher is primarily supposed to


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×