मराठी

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.

पर्याय

  • 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)
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2016-2017 (May) Set 1

संबंधित प्रश्‍न

Direction: The passage given below is followed by a set of questions. Choose the most appropriate answer to each question.

It is a matter of life or death: that’s a concept that gets our attention, whether chuckling over it in a B-grade film or engrossed by it in an A-grade medical book such as this year’s Pulitzer Prize winner for nonfiction, The Emperor of All Maladies: A Biography of Cancer by Siddhartha Mukherjee. It isn’t hyperbole to call Emperor a literary masterpiece. The Pulitzer citation describes it as, “an elegant inquiry, at once clinical and personal, into the long history of an insidious disease that, despite treatment breakthroughs, still bedevils medical science.” “Elegant” is an apposite description of the New York-based oncologist’s prose, whether he is rephrasing Tolstoy: “Normal cells are identically normal; malignant cells become unhappily malignant in unique ways”; or explaining the book’s provocative title: “This book is a ‘biography’ in the truest sense of the word – an attempt to enter the mind of this immortal illness, to understand its personality, to demystify its behaviour”; or extrapolating, from cancer’s ability to mutate, into the realm of philosophy: “If we, as a species, are the ultimate product of Darwinian selection, then so, too, is this incredible disease that lurks inside us.” Mukherjee weaves together multiple stories about medical advances, doctors and scientists, and the patients who teach us something in the living or dying. Emperor is a historical account of cancer; we understand how cancer rose to prominence as a leading cause of death – as a direct result of human beings living longer now, and more likely to develop cancer. A greater understanding of the disease however comes with the caveat, the more you
know, the more aware you are of how much you don’t know. Tales related to surgery, with its inherent drama, has the edge on our medical reading lists. Some medical books fall into the Self Help category — one of the most successful genres in the publishing world today. While the genre can attract those looking to make a quick buck by peddling to people’s insecurities, there are some useful tomes too. Author Tim Parks in Teach Us to Sit Still shares how reading a famous self-help book, A Headache in the Pelvis helped with his chronic pelvic pain syndrome. Medical books deal with a subject close to our hearts — us, we, ourselves. Perhaps the ones we are most drawn to – thrillers aside – are those that give us a deeper insight into how the mind-body machine works, why we are sick, how we can get better — and, unhappily, sometimes, why we can’t.

Which of the following statements cannot be inferred from the passage?


Direction: Four alternative summaries are given in the text: Choose the option that best captures the essence of the text.

Develop Critical Thinking

The way we see the world and relate to others is intrinsically connected to our own set of values that govern the way we decide to live. However, the influence of fashion, consumerism, pop culture, broken homes, social unrest, and the media is all-pervasive. For many people, teachers and students alike, this influence goes unquestioned. Critical thinking, if successfully taught at this level, becomes the antidote for individual and social illiteracy. For the authors, critical thinking should constitute an indivisible part of the overall educational process. Facione (1995) comments: ‘Critical thinking lies at the root of civilisation. It is a cornerstone in the journey humankind is taking from beastly savagery to global sensitivity’. Supporting the development of these skills involves reflective teaching and learning, which is highly complex and which some students may find difficult, or interpret as weakness on the part of the teacher. But in the long run, with patience on the part of the teacher, it will develop students who can view old or new material, from a variety of sources, through new eyes, using their skills to define their own stance and express it, often better in their second language, with open-minded confidence.


Read the passage and answer the question based on it.
Civilization is basically a vital kind of grouping. Without civilizations, the world as we know it would not be. Civilizations have different qualities than regular groups of people such as nomads. For example, a civilization develops surpluses of things which helps the people be a stable community. These surpluses also create the construction and growth of cities and help develop secure, formal states. The government is also present in civilizations. One very important part of a civilization is an advanced writing method. A civilization can only be complete with all of these factors, or it will just fall apart. Nomads are nowhere close to being a civilization even though sometimes groups of nomads have good technology. The words 'culture' and 'civilization' have been often used synonymously, though they have clearly defined meanings differentiating them. 'Civilization' means the betterment of ways of living, making Nature bend to fulfill the needs of humankind. It includes also organizing societies into politically well-defined groups working collectively for improved conditions of life in matters of food, dress, communication, and so on. Thus a group considers itself as civilized, while others were looked down upon as barbarians. This has led to wars and holocausts, resulting in the mass destruction of human beings. What are the good parts of our civilization? First and foremost there are order and safety. If today I have a quarrel with another man, I do not get beaten merely because I am physically weaker and he can kick me down. I go to law, and the law will decide as fairly as it can between the two of us. Thus in disputes between man and man right has taken the place of might. Moreover, the law protects me from robbery and violence. Nobody may come and break into my house, steal my goods or run off with my children. Of course, there are burglars, but they are very rare, and the law punishes them whenever it catches them. It is difficult for us to realize how much this safety means. Without safety, these higher activities of mankind which make up civilization could not go on. The inventor could not invent, the scientist find out or the artist make beautiful things. Hence, order and safety, although they are not themselves civilization are things without which civilization would be impossible. They are as necessary to our civilization as the air we breathe is to us, and we have grown so used to them that we do not notice them any more than we notice the air. Another great achievement of our civilization is that today civilized men are largely free from the fear of pain. They still fall ill, but illness is no longer the terrible thing it used to be... Not only do men and women enjoy better health; they live longer than they ever did before, and they have a much better chance of growing up... Thirdly, our civilization is more secure than any that have gone before it. This is because it is much more widely spread... Previous civilizations were specialized and limited, they were like oases in a desert.

The third merit of the present civilization, according to the author, is:


Read the passage and answer the question based on it.
As the climate in the Middle East changed, beginning around 7000 B.C. conditions emerged that were conducive to a more complex and advanced form of civilization in both Egypt and Mesopotamia. The process began when the swampy valleys of the Nile in Egypt and of the Tigris and Euphrates Rivers in Mesopotamia became drier, producing riverine lands that were both habitable and fertile, attracting settlers armed with the newly developed techniques of agriculture. This migration was further encouraged by the gradual transformation of the once-hospitable grasslands of these regions into deserts. The human population became increasingly concentrated into pockets of settlement scattered along the banks of the great rivers.
These rivers profoundly shaped the way of life along their banks. In Mesopotamia, the management of water in conditions of unpredictable drought, flood and storm became the central economic and social challenge. Villagers began early to build simple earthworks, dikes, canals, and ditches to control the waters and reduce the opposing dangers of drought during the dry season (usually the spring) and flooding at harvest time.
Such efforts required a degree of cooperation among large number of people, that had not previously existed. The individual village, containing only a dozen or so houses and families, was economically vulnerable; but when several villages, probably under the direction of a council of elders, learned to share their human resources in the building of a coordinated network of water-control systems, the safety, stability, and prosperity of all improved. In this new cooperation, the seeds of the great Mesopotamian civilizations were being sown.
The technological and mathematical inventions, too, were stimulated by life along rivers. Such devices as the noria (a primitive waterwheel) and the Archimedean screw (a device for raising water from the low riverbanks to the high ground where it was needed), two forerunners of many more varied and complex machines, were first developed here for use in irrigation systems. Similarly, the earliest methods of measurement and computation and the first developments in geometry were stimulated by the need to keep track of land holdings and boundaries in fields that were periodically inundated.

The rivers served as high roads of the earliest commerce. Traders used boats made of bundles of rushes to transport grains, fruits, nuts, fibers, and textiles from one village to another, transforming the rivers into the central spines of nascent commercial kingdoms. Trade expanded surprisingly widely; we have evidence suggesting that, even before the establishment of the first Egyptian dynasty, goods were being exchanged between villagers in Egypt and others as far away as Iran.
Similar developments were occurring at much the same time along the great river valleys in other parts of the world - for example, along the Indus in India and the Hwang Ho in China. The history of early civilization has been shaped to a remarkable degree by the relation of humans and rivers.
The passage indicates that the social effects of the unpredictability of water supplies in Mesopotamia was


Paragraph: In response to the increasing environmental damage wrought by poachers, authorities placed a ban on ivory in the 1980s. Although the ban resulted in an initial decrease in the sale and trade of illegal ivory and a concurrent increase in the elephant population, more pressing needs caused most Western nations to withdraw funding for poaching prevention programs. Without significant financial support, poorer countries were unable to effectively combat poachers. The resulting explosion in the ivory trade has seen prices increase to nearly 10 times the $45 per pound price at the beginning of the decade.

Unfortunately, the countries with the worst poaching problems have also tended to be the ones least able to combat the problem due to unstable political systems, corruption, lack of comprehensive enforcement programs, or some combination of all these factors. One primary hindrance to better enforcement of the ivory ban came from an inability to definitively identify the country of origin of illegal ivory. 

Countries used this uncertainty to avoid responsibility for curbing illegal poaching in their territories by attempting to blame other countries for the oversights in enforcement. Now, though, zoologists have perfected a new DNA identification system. First, scientists gathered genetic data from the population of African elephants, an arduous effort that ultimately resulted in a detailed DNA-based map of the distribution of African elephants. Then, the researchers developed a method to extract DNA evidence from ivory, allowing them to match the ivory with elephant populations on the map. Zoologists hope this new method will pinpoint the exact origin of poached ivory and force countries to accept their responsibility in enforcing the ban.

The passage suggests which of the following about the DNA-based map created by zoologists?


Paragraph: In the 16th century, an age of great marine and terrestrial exploration, Ferdinand Magellan led the first expedition to sail around the world. As a young Portuguese noble, he served the king of Portugal, but he became involved in the quagmire of political intrigue at court and lost the king's favor. After he was dismissed from service by the king of Portugal, he offered to serve the future Emperor Charles V of Spain.

A papal decree of 1493 had assigned all land in the New World west of 50 degrees W longitude to Spain and all the land east of that line to Portugal. Magellan offered to prove that the East Indies fell under Spanish authority. On September 20, 1519, Magellan set sail from Spain with five ships. More than a year later, one of these ships was exploring the topography of South America in search of a water route across the continent. This ship sank, but the remaining four ships searched along the southern peninsula of South America. Finally they found the passage they sought near 50 degrees S latitude. Magellan named this passage the Strait of All Saints, but today it is known as the Strait of Magellan.

One ship deserted while in this passage and returned to Spain, so fewer sailors were privileged to gaze at that first panorama of the Pacific Ocean. Those who remained crossed the meridian now known as the International Date Line in the early spring of 1521 after 98 days on the Pacific Ocean. During those long days at sea, many of Magellan's men died of starvation and disease.

Later, Magellan became involved in an insular conflict in the Philippines and was killed in a tribal battle. Only one ship and 17 sailors under the command of the Basque navigator Elcano survived to complete the westward journey to Spain and thus prove once and for all that the world is round, with no precipice at the edge.

One of Magellan's ships explored the _________ of South America for a passage across the continent.


Paragraph: In the 16th century, an age of great marine and terrestrial exploration, Ferdinand Magellan led the first expedition to sail around the world. As a young Portuguese noble, he served the king of Portugal, but he became involved in the quagmire of political intrigue at court and lost the king's favor. After he was dismissed from service by the king of Portugal, he offered to serve the future Emperor Charles V of Spain.

A papal decree of 1493 had assigned all land in the New World west of 50 degrees W longitude to Spain and all the land east of that line to Portugal. Magellan offered to prove that the East Indies fell under Spanish authority. On September 20, 1519, Magellan set sail from Spain with five ships. More than a year later, one of these ships was exploring the topography of South America in search of a water route across the continent. This ship sank, but the remaining four ships searched along the southern peninsula of South America. Finally they found the passage they sought near 50 degrees S latitude. Magellan named this passage the Strait of All Saints, but today it is known as the Strait of Magellan.

One ship deserted while in this passage and returned to Spain, so fewer sailors were privileged to gaze at that first panorama of the Pacific Ocean. Those who remained crossed the meridian now known as the International Date Line in the early spring of 1521 after 98 days on the Pacific Ocean. During those long days at sea, many of Magellan's men died of starvation and disease.

Later, Magellan became involved in an insular conflict in the Philippines and was killed in a tribal battle. Only one ship and 17 sailors under the command of the Basque navigator Elcano survived to complete the westward journey to Spain and thus prove once and for all that the world is round, with no precipice at the edge.

Four of the ships sought a passage along a southern ______.


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

Although the legal systems of England and the United States are superficially similar, they differ profoundly in their approaches to and uses of legal reasons: substantive reasons are more common than formal reasons in the United States, whereas in England the reverse is true. This distinction reflects a difference in the visions of law that prevails in the two countries. In England, the law has traditionally been viewed as a system of rules; the United States favours a vision of law as an outward expression of community’s sense of right and justice. 

Substantive reasons, as applied to law, are based on moral, economic, political and other considerations. These reasons are found both “in the law” and “outside the law” so to speak. Substantive reasons inform the content of a large part of the law: constitutions, statutes, contracts, verdicts, and the like. Consider, for example, a statute providing or purposes were explicitly written into the statute was to ensure quiet and safety in the park. Now suppose that a veterans’ group mounts a World War II jeep (in running order but without a battery) as a war memorial on a concrete slab in the park, and charges are brought against its members. Most judges in the United States would find the defendants not guilty because what they did had no adverse effect on park’s quiet and safety.

Formal reasons are different in that they frequently prevent substantive reasons from coming into play, even when substantive reasons are explicitly incorporated into the law at hand. For example, when a document fails to comply with stipulated requirements, the court may render the document legally ineffective. A Will requiring written witness may be declared null and void and, therefore, unenforceable for the formal reason that the requirement was not observed. Once the legal rule–that a Will is invalid for lack of proper witnessing –has been clearly established, and the legality of the rule is not in question, application of that rule precludes from consideration substantive arguments in favour of Will’s validity or enforcement. 

Legal scholars in England and the United States have long bemused themselves with extreme examples of formal and substantive reasoning. On the one hand, formal reasoning in England has led to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism. On the other hand, freewheeling substantive reasoning in the United States has resulted in statutory interpretations so liberal that the texts of some statutes have been ignored.

The author of the passage suggests that in English law a substantive interpretation of a legal rule might be warranted under which one of the following circumstances. 


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 one of the benefits of living in the village, as mentioned in the passage?


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. 

The author seems to


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×