मराठी

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

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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:

पर्याय

  • 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.

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

संबंधित प्रश्‍न

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 hundre<l times before employing new Jabour. Jn other ways 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 wor1a woul<l nave move<l even farther ahead.

The writer's attitude towards the Government is.


Paragraph: King Louis XVI and Queen Marie Antoinette ruled France from 1774 to 1789, a time when the country was fighting bankruptcy. The royal couple did not let France's insecure financial situation limit their immoderate spending, however. Even though the minister of finance repeatedly warned the king and queen against wasting money, they continued to spend great fortunes on their personal pleasure. This lavish spending greatly enraged the people of France. They felt that the royal couple bought its luxurious lifestyle at the poor people's expense.

Marie Antoinette, the beautiful but exceedingly impractical queen, seemed uncaring about her subjects' misery. While French citizens begged for lower taxes, the queen embellished her palace with extravagant works of art. She also surrounded herself with artists, writers, and musicians, who encouraged the queen to spend money even more profusely.

While the queen's favorites glutted themselves on huge feasts at the royal table, many people in France were starving. The French government taxed the citizens outrageously. These high taxes paid for the entertainments the queen and her court so enjoyed. When the minister of finance tried to stop these royal spendthrifts, the queen replaced him. The intense hatred that the people felt for Louis XVI and Marie Antoinette kept building until it led to the French Revolution. During this time of struggle and violence (1789-1799), thousands of aristocrats, as well as the king and queen themselves, lost their lives at the guillotine. Perhaps if Louis XVI and Marie Antoinette had reined in their extravagant spending, the events that rocked France would not have occurred.

The minister of finance tried to curb these royal ______.


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.

Magellan lost the favor of the king of Portugal when he became involved in a political ________.


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

There is a fairly universal sentiment that the use of nuclear weapons is clearly contrary to morality and that its production probably so, does not go far enough. These activities are not only opposed to morality but also to the law if the legal objection can be added to the moral, the argument against the use and the manufacture of these weapons will considerably be reinforced. Now the time is ripe to evaluate the responsibility of scientists who knowingly use their expertise for the construction of such weapons, which has deleterious effect on mankind.

To this must be added the fact that more than 50 percent of the skilled scientific manpower in the world is now engaged in the armaments industry. How appropriate it is that all this valuable skill should be devoted to the manufacture of weapons of death in a world of poverty is a question that must touch the scientific conscience.

A meeting of biologists on the Long-Term Worldwide Biological consequences of nuclear war added frightening dimension to those forecasts. Its report suggested that the long biological effects resulting from climatic changes may at least be as serious as the immediate ones. Sub-freezing temperatures, low light levels, and high doses of ionizing and ultraviolet radiation extending for many months after a large-scale nuclear war could destroy the biological support system of civilization, at least in the Northern Hemisphere. Productivity in natural and agricultural ecosystems could be severely restricted for a year or more. Post war survivors would face starvation as well as freezing conditions in the dark and be exposed to near lethal doses of radiation. If, as now seems possible, the Southern Hemisphere were affected also, global disruption of the biosphere could ensue. In any event, there would be severe consequences, even in the areas not affected directly, because of the interdependence of the world economy. In either case the extinction of a large fraction of the earth’s animals, plants and microorganism seem possible.

The population size of Homo sapiens conceivably could be reduced to prehistoric levels or below, and extinction of the human species itself cannot be excluded.

Which of the following is one of the consequences of nuclear war?


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

There is a fairly universal sentiment that the use of nuclear weapons is clearly contrary to morality and that its production probably so, does not go far enough. These activities are not only opposed to morality but also to the law if the legal objection can be added to the moral, the argument against the use and the manufacture of these weapons will considerably be reinforced. Now the time is ripe to evaluate the responsibility of scientists who knowingly use their expertise for the construction of such weapons, which has deleterious effect on mankind.

To this must be added the fact that more than 50 percent of the skilled scientific manpower in the world is now engaged in the armaments industry. How appropriate it is that all this valuable skill should be devoted to the manufacture of weapons of death in a world of poverty is a question that must touch the scientific conscience.

A meeting of biologists on the Long-Term Worldwide Biological consequences of nuclear war added frightening dimension to those forecasts. Its report suggested that the long biological effects resulting from climatic changes may at least be as serious as the immediate ones. Sub-freezing temperatures, low light levels, and high doses of ionizing and ultraviolet radiation extending for many months after a large-scale nuclear war could destroy the biological support system of civilization, at least in the Northern Hemisphere. Productivity in natural and agricultural ecosystems could be severely restricted for a year or more. Post war survivors would face starvation as well as freezing conditions in the dark and be exposed to near lethal doses of radiation. If, as now seems possible, the Southern Hemisphere were affected also, global disruption of the biosphere could ensue. In any event, there would be severe consequences, even in the areas not affected directly, because of the interdependence of the world economy. In either case the extinction of a large fraction of the earth’s animals, plants and microorganism seem possible.

The population size of Homo sapiens conceivably could be reduced to prehistoric levels or below, and extinction of the human species itself cannot be excluded.

Which of the following best explains the word 'devoted', as used in the passage?


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 a 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.

Which of the following conclusions can be deduced from the passage?


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

Implementation


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

The author seems to be in favour of


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

One of South America's mysteries is Easter Island. Easter Island, also called Rapa Nui and Isla de Pascua, 3600 Ion (2,237mi) west of Chile, is a volcanic island with an interesting and partly unknown history. The island was named by the Dutch explorer Jacob Roggeveen because he encountered it on Easter Sunday 1722. He was the first European to find the island. The official name of the island, Isla de Pascua, means Easter Island in Spanish. This island is famous because of the approximately 887 huge statues which were found there. The statues consist of heads and complete torsos, the largest of which weight 84 tons! These monuments, called moai, were carved out of compressed volcanic ash, called tuff, which was found at a quarry ar a place called Rano Raraku. Statues are still being found. Some of the monuments were left only half-carved. Nobody knows why Rano Raraku was abandoned. It is thought that the statues were carved by the ancestors of the modern Polynesian inhabitants. But, the purpose of the statues and the reason they have abandoned remain mysteries. 

Why the quarry, where the compressed volcanic ash was found, abandoned?


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