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In the Method of Interpretation of the European Court of Justice: - Mathematics

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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.

In the method of interpretation of the European court of Justice:

विकल्प

  • Current policies need to be consistent with stated goals.

  • Actions against member states needed to be evaluated against the said community goals.

  • Contracting party trade practices need to be consistent with stated rules.

  • Enunciation of the most elementary community goals needed to be emphasized.

MCQ
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उत्तर

Actions against member states needed to be evaluated against the said community goals.

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

संबंधित प्रश्न

In the question given below, each sentence is labelled with a letter. From the given choices, choose the most logical order of sentence that constructs a coherent paragraph.

  1. The responsible citizen helped to foil the plan of a hijack.
  2. The deep pockets of his leather jacket contained what had been feared!
  3. A person called up the airport and gave a message.
  4. All the passengers were carefully frisked, and one of them was asked to step aside.

In view of the passage given below. Choose the best option for question.

When talks come to how India has done for itself in 50 years of Independence, the world has nothing but praise for our success in remaining a democracy. On other fronts, the applause is less loud. In absolute terms, India has not done too badly, of course, life expectancy has increased. So has literacy. Industry, which was barely a fledging, has grown tremendously. And as far as agriculture is concerned, India has been transformed from a country perpetually on the edge of starvation into a success story held up for others to emulate. But these are competitive times when change is rapid, and to walk slowly when the rest of the world is running is almost as bad as standing still on walking backwards.

Compared with large chunks of what was then the developing 'world South Korea, Singapore, Malaysia, Thailand, Indonesia. China and what was till lately a separate Hong Kong-India has fared abysmally. It began with a far better infrastructure than most of these countries had. It suffered hardly or not at all during the Second World War. It had advantages like an English speaking elite, quality scientific manpower (including a Nobel laureate and others who could be ranked among the world's best) and excellent business acumen. Yet, today, when countries are ranked according to their global competitiveness. it is tiny Singapore that figures at the top. Hong Kong is an export powerhouse. So is Taiwan. If a symbol were needed of how far we have fallen back. note that while Korean Cielos are sold in India, no one in South Korea is rushing to buy an Indian car. The reasons list themselves. Topmost is economic isolationism.

The government discouraged imports and encouraged self-sufficiency. Whatever the aim was, the result was the creation of a totally inefficient industry that failed to keep pace with global trends and, therefore. became absolutely uncompetitive. only when the trade gates were opened a little did this become apparent. The years since then have been spent merely trying to catch up. That the government actually sheltered its industrialists from foreign competition is a little strange. For in all other respects, it operated under the conviction that businessmen were little more than crookS how were to be prevented from entering the most important areas of the economy, how we're to be hamstrung in as many ways as possible, how we're to be tolerated in the same way as an inexcusable wan. The high expropriation rates of taxation. the licensing Jaws, the reservation of whole swathes of the industry for the public sector, and the granting of monopolies to the public sector firms were the principal manifestations of this attitude. The government forgot that before wealth could be distributed, it had to be created.

The government forgot that it itself could not create, but only squander wealth. some of the manifestations of the old attitude have changed. Tax rates have fallen. Licensing has been a but abolished. And the gates of global trade have been opened wide. But most of these Changes were first by circumstances partly by the foreign exchange bankruptcy of 1991 ana the recognition that the government could no longer muster the funds of support the public sector, leave alone expand it. Whether the attitude of the government itself. or that of more than handful of ministers has changed, is open to question. In many other ways, however, the government has not changed one with. Business still has to negotiate a welter of negotiations. Transparency is still a long way off. And there is no exit policy. In defending the existing policy, politicians betray an inability to see beyond their noses. A no-exit policy for labour is equivalent to a no-entry policy for new business If one industry is not allowed to retrench labour, other industries will think a hundred times before employing new labour. In other way too, the government hurts industries.

Public sector monopolies like the department of telecommunications and Yidesh Sanchar Nigam Ltd. make it possible for Indian business to operate only at a cost several times that of their counterparts abroad The infrastructure is in a shambles partly because it is unable to formulate a sufficiently remunerative policy for private business, and partly because it does not have the stomach to change market rates for services. After a burst of activity in the early nineties, the government iS dragging itS feet. At the rate, it is going. it will be another fifty years before the government realizes that a pro-business policy is the best pro-people policy By then, of course, the world would have moved even further ahead. 

The writer ends the passage on a note of...


Direction: Read the passage given below. Choose the best options for the Question.

IOT has had an impact across all fields, be it industries, government, small or large businesses and even for Personal Consumption. What is IOT (Internet of things) you might ask. It’s been a growing topic of conversation for some time now. Put in the simplest term it means anything that has an on and off button and is connected to the internet for receiving, analyzing, storing or sending data. This could mean anything, from the watch that you wear to airplanes that can be controlled from a remote location. According to the analyst firm Gartner, by the year 2020 we’ll have over 26 billion connected devices. That could mean people to people, people connected to things and things connected to things.The new rule of the future is going to be “Anything that can be connected will be connected”. Take for example that when you set an alarm to wake up and that alarm goes off it not only wakes you up but also brews your coffee, sets the right temperature of water for your bath, puts on the television to bring you the latest updates from around the globe and all this before you even put a foot out of your bed. This is all done by simply getting the network of interconnected things/devices that have embedded sensors, network connectivity, software and necessary electronics that collect and exchange data. To show how far we have come with technology and connectivity, we have smartwatches such as Fitbit, Garmin to name a few that have changed the way we look at time. We have one device that not only tells us the time but also tracks the number of steps, calories, and our heart rate. This watch is actually connected to our phone so with just one turn of the wrist, one can tell who is calling or what messages have been received without having to dig through pockets or handbags. IOT is making its presence felt in health care as well. Doctors can now remotely monitor and communicate with their patients and health care providers can benefit from this. Whether data comes from foetal monitors, electrocardiograms, temperature monitors or blood glucose levels, tracking this information is vital for some patients. Many of this requires to follow up interaction with healthcare professionals. With smarter devices that deliver more valuable data, it can reduce the need for direct patient-physician interaction.

Take for instance in the sporting field, minute chips are being attached to balls and bats which will transmit information of how fast the ball is travelling and a batsman’s moves, the time, the angles, the pressure on the bat at different positions, data of the muscle stretch if he’s hit a six so on and so forth. Formula one cars are also being fitted with these sensors which relay information on the minute moves being made by the driver. Chips are also being put into wearable devices of sportsmen to detect suboptimal action of any body parts to show signs of stress or strain which will help in the early detection of injuries and take preventive measures. IOT has had an impact across all fields, be it industries, government, small or large business and even for personal consumption. IBM, Google, Intel, Microsoft, and Cisco are some of the top players in the IOT spectrum. With billions of devices connected security becomes a big issue. How can people make sure that their data is safe and secure? This is one of the major concerns in the IOT that becomes a hot topic. Another issue is with all these billions of devices sharing data companies will be faced with the problem of how to store, track, analyse and make vast sense of the information being generated. Companies are monitoring the network segment to identify anomalous traffic and to take action if necessary. Now that we have a fair understanding of IOT let’s see what impact it’s had on the education sector. The only constant in our lives is change and learning. From the get-go, we learn, be it to the walk, talk or run. We adapt to the changing times and constantly learn from them. Education or learning as we know it in the broader sense is the most important of all and the one that decides which way we handle those changes to impact us and the world. Today’s world is fast-paced and to keep up with this we need an infusion of speed with learning. From the classroom assignments, lectures, blackboards, and chalk we have come a long way to what is now known as e-learning (electronic learning) or m-learning (mobile learning). With the GenNext it is imperative to provide the right kind of education. The rise of technology and IOT allows schools to improve the safety of their campuses, keep track of resources and enhance access to information. It ensures data quality being the top priority but also facilitates the development of content allowing teachers to use this technology to create smart lesson plans and ensuring the reach of this content to any corner of the world.

Technology and IOT have benefited education considerably because it has:


The old woman didn’t like the look or sound of the kid. She scowled at her husband. ‘Where did you pick up this kitten from? Why do we need her?’ When the old man told her she was a goat kid, she picked her up and exclaimed in amazement: ‘Yes, she is a goat kid!’

All night, they went over the story of how the kid had come into their hands.

That same night the old lady gave the goat kid that resembled a kitten a nickname: Poonachi. She once had a cat by the same name. In memory of that beloved cat, this goat kid too was named Poonachi. They had acquired her without spending a penny. Now they had to look after her somehow. Her husband had told her a vague story about meeting a demon who looked like Bakasuran and receiving the kid from him as a gift. She wondered if he could have stolen it from a goatherd. Someone might come looking for it tomorrow. Maybe her husband had told her the story only to cover up his crime?

The old woman was not used to lighting lamps at night. The couple ate their evening meal and went to bed when it was still dusk. That night, though, she took a large earthen lamp and filled it with castor oil extracted the year before. There was no cotton for a wick. She tore off a strip from a discarded loincloth of her husband’s and fashioned it into a wick.

She looked at the kid under the lamplight in that shed as though she were seeing her own child after a long time. There was no bald spot or bruise anywhere on her body. The kid was all black. As she stared at the lamp, her wide-open eyes were starkly visible. There was a trace of fatigue on her face. The old woman thought the kid looked haggard because she had not been fed properly. She must be just a couple of days old. A determination that she must somehow raise this kid to adulthood took root in her heart.

She called the old man to come and see the kid. She looked like a black lump glittering in the lamplight in that pitch-black night. He pulled fondly at her flapping ears and said, ‘Aren’t you lucky to come and live here?’

It had been a long time since there was such pleasant chit-chat between the couple. Because of the kid’s sudden entry into their lives, they ended up talking a while about the old days.

[Extracted, with edits and revisions, from Poonachi, or the Story of a Black Goat, by Perumal Murugan, translated by N. Kalyan Raman, Context, 2018.]

What can we infer from the passage about why the old couple talked about the old days that night? 


Read the following passage carefully and answer the question:

Antigone was one of the daughters of Oedipus, that tragic figure of male power who had been cursed by Gods for mistakenly his father and subsequently marrying his mother and assuming the throne of Thebes. After the death of Oedipus, civil war broke out and a battle was waged in front of the seventh gate of Thebes his two sons led opposing factions and at the height of the battle fought and killed each other. Oedipus brother Creon, uncle of Antigone, was now undisputed master of the city. Creon resolved to make an example of the brother who had fought against him, Polynices, by refusing the right of honourable burial. The penalty of death was promulgated against any who would defy this order.

Antigone was distraught. Polynices had been left unburied, unwept, a feast of flesh for keen eyed carrion birds. Antigone asks her sister Ismene, for it was a challenge to her royal blood. Now it is time to show whether or not you are worthy of your royal blood is be 'not my brother and yours? Whether you like it or not? I shall never desert him-never. But Simone responds, “How could you dare-when Creon has expressly forbidden it? Antigone, we are women, it is not for us to fight against men". With a touch of bitterness, Antigone releases her sister from the obligation to help her. but argues she cannot shrug off the burden. "if I die for it what happiness! Live,..if you will live, and defy the holiest of laws of heaven".

What is your opinion, would have been the logical end of the story? 


Read the following passage carefully and answer the question:

Antigone was one of the daughters of Oedipus, that tragic figure of male power who had been cursed by Gods for mistakenly his father and subsequently marrying his mother and assuming the throne of Thebes. After the death of Oedipus, civil war broke out and a battle was waged in front of the seventh gate of Thebes his two sons led opposing factions and at the height of the battle fought and killed each other. Oedipus brother Creon, uncle of Antigone, was now undisputed master of the city. Creon resolved to make an example of the brother who had fought against him, Polynices, by refusing the right of honourable burial. The penalty of death was promulgated against any who would defy this order.

Antigone was distraught. Polynices had been left unburied, unwept, a feast of flesh for keen eyed carrion birds. Antigone asks her sister Ismene, for it was a challenge to her royal blood. Now it is time to show whether or not you are worthy of your royal blood is be 'not my brother and yours? Whether you like it or not? I shall never desert him-never. But Simone responds, “How could you dare-when Creon has expressly forbidden it? Antigone, we are women, it is not for us to fight against men". With a touch of bitterness, Antigone releases her sister from the obligation to help her. but argues she cannot shrug off the burden. "if I die for it what happiness! Live,..if you will live, and defy the holiest of laws of heaven".

Why did Ismene not support Antigone? Ismene


Read the given passage carefully and attempt the question that follows.

The work which Gandhiji had taken up was not only regarding the achievement of political freedom but also the establishment of a new social order based on truth and nonviolence, unity and peace, equality and universal brotherhood and maximum freedom for all. This unfinished part of his experiment was perhaps even more difficult to achieve than the achievement of political freedom. In the political struggle, the fight was against a foreign power and all one could do was either join it or wish it success and give it his/her moral support. In establishing a social order on this pattern, there was a strong possibility of a conflict arising between diverse groups and classes of our own people. Experience shows that man values his possessions even more than his life because in the former he sees the means for perpetuation and survival of his descendants even after his body is reduced to ashes. A new order cannot be established without radically changing the mind and attitude of men towards property and, at some stage or the other, the ‘haves’ have to yield place to the ‘have-nots’. We have seen, in our time, attempts to achieve a kind of egalitarian society and the picture of it after it was achieved. But this was done, by and large, through the use of physical force. 

In the ultimate analysis it is difficult, if not impossible, to say that the instinct to possess has been rooted out or that it will not reappear in an even worse form under a different guise. It may even be that like a gas kept confined within containers under great pressure, or water held back by a big dam, once the barrier breaks, the reaction will one day sweep back with a violence equal in extent and intensity to what was used to establish and maintain the outward egalitarian form. This enforced egalitarianism contains, in its bosom, the seed of its own destruction.

The root cause of class conflict is possessiveness or the acquisitive instinct. So long as the ideal that is to be achieved is one of securing the maximum material satisfaction, possessiveness is neither suppressed nor eliminated but grows on what it feeds. Nor does it cease to be possessiveness, whether it is confined to only a few or is shared by many.

If egalitarianism is to endure, it has to be based not on the possession of the maximum material goods by a few or by all but on voluntary, enlightened renunciation of those goods which cannot be shared by others or can be enjoyed only at the expense of others. This calls for substitution of material values by purely spiritual ones. The paradise of material satisfaction, which is sometimes equated with progress these days, neither spells peace nor progress. Mahatma Gandhi has shown us how the acquisitive instinct inherent in man can be transmuted by the adoption of the ideal of trusteeship by those who ‘have’ for the benefit of all those who ‘have not’ so that, instead of leading to exploitation and conflict, it would become a means and incentive for the amelioration and progress of society respectively.

According to the passage, people ultimately overturn a social order


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

In principle, a cohesive group-one whose members generally agree with one another and support one another’s judgments do a much better job at decision making than it could if it were non-cohesive. When cohesiveness is low or lacking entirely, compliance out of fear of recrimination is likely to be strongest. To overcome this fear, participants in the group’s deliberations need to be confident that they are members in good standing and that the others will continue to value their role in the group, whether or not they agree about a particular issue under discussion. As members of a group feel more accepted by the others, they acquire greater freedom to say what they really think, becoming less likely to use deceitful arguments or to play it safe by dancing around the issues with vapid or conventional comments. Typically, then, the more cohesive a group becomes, the less its members will deliberately censor what they say out of fear of being punished socially for antagonizing their fellow members. But group cohesiveness can have pitfalls as well: while the members of a highly cohesive group can feel much freer to deviate from the majority, their desire for genuine concurrence on every important issue often inclines them not to use this freedom. In a highly cohesive group of decision-makers, the danger is not that individuals will conceal objections they harbor regarding a proposal favored by the majority, but that they will think the proposal is a good one without attempting to carry out critical scrutiny that could reveal grounds for strong objections. Members may then decide that any misgivings they feel are not worth pursuing that the benefit of any doubt should be given to the group consensus. In this way, they may fall victim to a syndrome known as ‘groupthink’, which one psychologist concerned with collective decision making has defined as ‘a deterioration of mental efficiency, reality testing, and moral judgment that results from in-group pressures’. Based on analyses of major fiascos of international diplomacy and military decision making, researchers have identified groupthink behaviour as a recurring pattern that involves several factors: overestimation of the group’s power and morality, manifested, for example, is an illusion of invulnerability, which creates excessive optimism;

closed-mindedness to warnings of problems and to alternative viewpoints; and unwarranted pressures toward uniformity, including self-censorship with respect to doubts about the group’s reasoning and a concomitant shared illusion of unanimity concerning group decisions. The cohesiveness of the decision-making group is an essential antecedent condition for this syndrome but not a sufficient one, so it is important to work toward identifying the additional factors that determine whether group cohesiveness will deteriorate into groupthink or allow for effective decision making.

The passage mentions which one of the following as a component of group think?


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

A large number of branches of banks have been set-up in the villages. The main purpose of setting up these banks is to develop the habit of saving among the villagers and also to give loans to farmers for boosting production in one way or the other. So, banks had been concentrated in the bigger cities and Indian villagers had no faith in them.

The new banks also intend to re-channel bank credit -from the big industries to the small sectors. With the intention of promoting rural banking, regional rural banks were established. These aligned the local field with rural problems. These banks are not to replace the other credit-giving bodies but to supplement them.

The Steering Committee of the Regional Rural Banks considered some structural changes. First of all, they gave thought to the staffing spectrum, then to effective coordination among banks rural cooperatives and commercial and the possibility of bringing credit within the access to weaker sections. They wanted to recruit staff for the rural banks at lower salaries. But, this type of discrimination would have been unfruitful. So, it was given up. 

A problem with regard to the rural banks is the creditworthiness of the poor. The Indian farmers are so poor that they cannot pay back their loans. The rural Indian surveys make it quite clear that practically rural farmers have no creditworthiness. Their socio-economic mobility is almost zero. That is why banks fear that their credit will never be paid back.

Another difficulty for the rural banks is that loans cannot be processed so easily. Processing loans also entails heavy expenditure. This was also going to affect their financial position. Still, the establishment of the rural banks was decided because the social advantages were more important than the commercial consideration.

Rural banks definitely encourage savings. No doubt the villagers do not have to pay income tax and they get many other concessions, yet their saving is not significant. Despite all the hurdles, the rural banking system will boost up the economy of villages and thereby the economy of the country.

Which of the following is not true according to the passage?


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

Diminish


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