मराठी

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

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उत्तर

Integrating under one roof the agreements signed under GATT.

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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 question. Choose the most appropriate answer to each question.

Johnson was deeply but not necessarily conventionally religious: he struggled within himself most of his life to sustain his belief in God in the face of enormous pressures, disappointments, and psychological calamities. On the surface, and in much of his work, he appeared to be an orthodox, conventional, conservative adherent of revealed religion, of the Church of England, but the conventional Anglican explanations for the existence of evil in the world failed to satisfy him, and in any case his characteristic reluctance to believe without evidence, his fear of credulity, his dislike of mysteries, continually undermined his attempts to accept conventional beliefs. He was remarkable, privately, for his tolerance; maintaining that the differences between Christian sects (Protestants and Roman Catholics, for example) were trivial, and due primarily to political rather than religious differences.
His religious difficulties began at a very early age. His mother, when he was only three, told him of "a fine place filled with happiness called Heaven" and "a sad place, called Hell." Many years later he recalled that (as one might expect) this account did not impress him very deeply: it is significant, however, that he remembered it at all. After the age of nine, and through his adolescence, he stopped going to church. One part of him remained a skeptic for the rest of his life, and, as his private journals show, even after he had regained his faith he struggled continually (and privately) with fears, guilt, and disbelief: in "The Vanity of Human Wishes," written when he was forty, he returns to a traditional religious theme as well as a personal preoccupation and insists that we cannot find genuine or permanent happiness in this world and that we must therefore turn to religious belief and faith in the existence of a better world after death if we are to endure our existence here. It was a belief; however, which he himself had difficulty maintaining. The happiness derived from such belief was, in any case, a limited one, but the only alternative
to religious faith, as Johnson saw it, was a dull apathy, a stoical disengagement from life. He was troubled, too — a better word would be tormented — by a fear of death and by a deeper fear that he might in spite of his best efforts be so guilty, so sinful, that he merited damnation. And beneath that fear was another, even deeper — the fear that God might not exist at all, that death might bring annihilation, mere nothingness, the loss of personal identity. He struggled all his life — in the end, successfully — not so much to overcome these fears as to coexist with them. In public he was much more conventional, much more characteristically paternalistic. He maintained in print, for example, that religion was a valuable asset to society and to mankind and that Anglicanism, as the English state religion, ought therefore to be carefully protected: "Permitting men to preach any opinion contrary to the doctrine of the established church," he wrote, "tends, in a certain degree, to lessen the authority of
the church, and, consequently, to lessen the influence of religion."

Which of the following most accurately expresses the author's main idea in the passage?


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. 

Benjamin Franklin and Steve Jobs, believe that


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 major reason for India's poor performance 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 implies that the earliest geometry was practiced primarily by


Read the given passages and answer the question with the help of the information provided 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 to 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: '1\ny 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 murder actual killer and non-killer confederates. Proponents of the rule argued that it was justified because the felony demon treated a lack of concern for human life by the commission of a violent and dangerous felony and that the crin1e 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 - re-evaluate and abandon the archaic legal fiction; restrict and F it 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. 

Which one of the following best states the central idea of the passage?


Read the given passages and answer the question with the help of the information provided 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 to 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: '1\ny 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 murder actual killer and non-killer confederates. Proponents of the rule argued that it was justified because the felony demon treated a lack of concern for human life by the commission of a violent and dangerous felony and that the crin1e 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 - re-evaluate and abandon the archaic legal fiction; restrict and F it 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, opponents of the felony-murder rule have raised all of the following objections to the statute except


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

King Solomon was celebrated for his wisdom. The Queen of the Sheba once paid a visit to his court. She was very much impressed by his wealth and grandeur. She had also heard of his uncanny ability to solve the most difficult puzzles which she meant to test. She showed Solomon two garlands of flowers, one in the right-hand and the other in the left and asked which one was real. The courtiers were puzzled. Both the garlands looked the same. Solomon could not say a word. The Queen felt triumphant. Solomon soon ordered that the windows be opened. A number of bees flew into the hall from the garden and settled on the garland in the right-hand. "The flowers in the right-hand are real", said Solomon. The Queen was greatly impressed with his wisdom. 

The Queen intended to test Solomon's


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 instil such beliefs and prejudices as are thought useful by his employers. 

In ancient times, the teaching profession was


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


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

The Constitution of the United States protects both property rights and freedom of speech. At times, these rights conflict. The resolution then requires a determination as to the type of property involved. If the property is private and not open to the general public, the owner may absolutely deny the exercise of the right of free speech thereon. On the other hand, if public land is at issue, the First Amendment protections of expression are applicable. However, the exercise of free speech thereon is not absolute. Rather, it is necessary to determine the appropriateness of the forum. This requires that consideration be given to a number of factors including character and normal use of the property, the extent to which it is open to the public, and the number and types of persons who frequent it. If the forum is clearly public or clearly private, the resolution of the greater rights is relatively straight forward.

In the area of the quasi-public property, balancing these rights has produced a dilemma. This is the situation when a private owner permits the general public to use his property. When· persons seek to use the land for passing out handbills or picketing, how is a conflict between property rights and freedom of expression resolved? The precept that a private property owner surrenders his rights in proportion to the extent to which he opens up his property to the public is not new. In 1675, Lord Chief Justice Hale wrote that when private property is "affected with a public interest, it ceases to be private." Throughout the development of Anglo-American law; the individual has never possessed absolute dominion over property. Land becomes clothed with a public interest when the owner devotes his property to a use in which the public has an interest. In support of this position, the chairman of the board of the Wilde Lake Shopping Centre in Columbia, Maryland said: The only real purpose and justification of any of these centres is to serve the people in the area - not the merchants, not the developers, not the architects. The success or failure of a regional shopping centre will be measured by what it does for the people it seeks to serve. These doctrines should be applied when accommodation must be made between a shopping centre owner's private property rights and the public's right to free expression. It is hoped that when the Court is asked to balance these conflicting rights it will keep in mind what Justice Black said in 1945: "When we balance the constitutional rights of owners of property against those of the people to enjoy (First Amendment) freedom(s) ..... we remain mindful of the fact that the latter occupy a preferred position." 

In which one of the following cases, would the owner of the property probably be most free to restrict the freedom of speech?


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