मराठी

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:

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.

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

संबंधित प्रश्‍न

In 1954, a Bombay economist named A.D. Shroff began a forum of free Enterprise, whose ideas on economic development were somewhat at odds with those then influentially articulated by the Planning Commission of the Government of India. Shroff complained against the 'indifference, if not discouragement, with which the state treated entrepreneurs.

At the same time as Shroff, but independently of him, a journalist named Philip Spratt was writing a series of essays in favour of free enterprise. Spratt was a Cambridge communist who was sent by the party in the 1920s to the foment revolution in the subcontinent. detected in the act, he spent many years in an Indian jail. The books he read in the prison, and his marriage to an Indian woman afterward, inspired a steady move rightwards. By the 1950s, he was editing a pro-American weekly from Banglore, called mysIndia. there he inveighed against the economic policies of the government of India. These, he said, treated the entrepreneur 'as a criminal who has dared to use his brain independently of the state to create wealth and give employment’. The state’s chief planner, P.C. Mahalanobis had surrounded himself with Western leftists and Soviet academicians, who reinforced his belief in 'rigid control by the government overall activities’. The result, said Spratt, would be `the smothering of free enterprise, a famine of consumer goods, and the tying down of millions of workers to soul-deadening techniques.'

The voices of men like Spratt and Shroff were drowned in the chorus of popular support for a model of heavy industrialization funded and directed by the governments. The 1950s were certainly not propitious times for free marketers in India. But from time to time their ideas were revived. After the rupee was devalued in 1966, there were some moves towards freeing the trade regime and hopes that the licensing system would also be liberalized. However, after Indira Gandhi split the Congress Party in 1969, her government took its `left turn’, nationalizing a fresh range of industries and returning to economic autarky.

The author avers that A.D. Shroff ideas were somewhat at odds with the views of Planning Commission because:


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. 

The author believes that 


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.
This passage basically explains


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 ivory ban?


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 microorganisms 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 statements I, II, III and IV are definitely true in the context of the passage?

(I) There is every likelihood of survival of the human species as a consequence of nuclear war.

(II) Nuclear war risks and harmful effects are highly exaggerated.

(III) The post war survivors would be exposed to the benefits of non-lethal radiation.

(IV) Living organisms in the areas which are not directly affected by nuclear was would also suffer.


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

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

What does the word “infallibility” mean? 


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

The spread of education in society is at the foundation of success in countries that are latecomers to development. In the quest for development, primary education is absolutely essential because it creates the base. But higher education is just as important for it provides the cutting edge. And universities are the life-blood of higher education. Islands of excellence in professional education, such as Indian Institutes of Technology (IITs) and Indian Institutes of Management (IIMs), are valuable complements but cannot be substituted for universities that provide educational opportunities for people at large. 

There can be no doubt that higher education has made a significant contribution to economic development, social progress and political democracy in independent India. It is a source of dynamism for the economy. It has created social opportunities for people, it has fostered the vibrant democracy in our polity. It has provided a beginning for the creation of a knowledge society. But it would be a mistake to focus on its strengths alone. It has weaknesses that are a cause for serious concern. There is, in fact, a quiet crisis in higher education in India that runs deep. It is not yet discernible simply because there are pockets of excellence, an enormous reservoir of talented young people and intense competition in the admissions process. And, in some important spheres, we continue to reap the benefits of what was sown in higher education 50 years ago by the founding fathers of the republic. The reality is that we have miles to go. The proportion of our population, in the age group 18-24, that enters the world of higher education is around 7%, which is only one-half the average for Asia. The opportunities for higher education, in terms of the number of places in universities, are simply not enough in relation to our need. What is more, the quality of higher education in most of our universities requires substantial improvement? IT is clear that the system of higher education in India faces serious challenges. It needs a systematic overhaul so that we can educated much larger numbers without diluting academic standards. This is imperative because the transformation of economy and society in the 21st century would depend, in significant part, on the spread and the quality of education among our people, particularly in the sphere of higher education. It is only an inclusive society that can provide the foundations for a knowledge society.

The challenges that confront higher education in India are clear. It needs a massive expansion of opportunities for higher education, to 1500 universities nationwide, that would enable India to attain a gross enrolment ration of at least 15% by 2015. It is just as important to raise the average quality of higher education in very sphere. At the same time, it is essential to create institutions that are exemplars of excellence at par with the best in the world. In the pursuit of these objectives, providing people with access to higher education in a socially inclusive manner is imperative. The realization of these objectives, combined with access, would not only develop the skills and capabilities we need for the economy but would also help transform India into a knowledge economy and society.

The style of the passage can be best described as 


Read the following passage carefully and then answer the question that follows.

Surajendu Kumar’s study on the effect of the modernization of a Government Printing Press on Press maintenance work and workers is a solid contribution to a debate that encompasses two lively issues in the history and sociology of technology: technological determinism and social constructivism.

Kumar makes the point that the characteristics of a technology have a decisive influence on job skills and work organization. Put more strongly, technology can be a primary determinant of social and managerial organization. Kumar believes this possibility has been obscured by the recent sociological fashion, exemplified by Cravman’s analysis, that emphasizes the way machinery reflects social choices. For Cravman, the shape of a technological system is subordinate to the manager’s desire to wrest control of the labor process from the workers. Technological change is construed as the outcome of negotiations among interested parties who seek to incorporate their own interests into the design and configuration of the machinery. This position represents the new mainstream called social constructivism. The constructivists gain acceptance by misrepresenting technological determinism: technological determinists are supposed to believe, for example, that machinery imposes appropriate forms of order on society. The alternative to constructivism, in other words, is to view technology as existing outside society, capable of directly influencing skills and work organization. Kumar refutes the extremes of the constructivists by both theoretical and empirical arguments. Theoretically, he defines “technology” in terms of relationship between social and technical variables. Attempts to reduce the meaning of technology to cold, hard metal are bound to fail, for machinery is just scrap unless it is organized functionally and supported by appropriate systems of operation and maintenance. At the empirical level, Kumar shows how a change at the Printing Press from maintenance-intensive electromechanical devices to semi-electronic devices altered work tasks, skills, training opportunities, administration, and organization of workers. Some changes Kumar attributes to the particular way management and labor unions negotiated the introduction of the technology, whereas others are seen as arising from the capabilities and nature of the technology itself. Thus, Kumar helps answer the question: “When is social choice decisive and when are concrete characteristics of technology more important ?”

Which of the following most accurately describes Kumar’s opinion of Cravman’s position? 


Read the following passage carefully and then answer the question that follows.

Surajendu Kumar’s study on the effect of the modernization of a Government Printing Press on Press maintenance work and workers is a solid contribution to a debate that encompasses two lively issues in the history and sociology of technology: technological determinism and social constructivism.

Kumar makes the point that the characteristics of a technology have a decisive influence on job skills and work organization. Put more strongly, technology can be a primary determinant of social and managerial organization. Kumar believes this possibility has been obscured by the recent sociological fashion, exemplified by Cravman’s analysis, that emphasizes the way machinery reflects social choices. For Cravman, the shape of a technological system is subordinate to the manager’s desire to wrest control of the labor process from the workers. Technological change is construed as the outcome of negotiations among interested parties who seek to incorporate their own interests into the design and configuration of the machinery. This position represents the new mainstream called social constructivism. The constructivists gain acceptance by misrepresenting technological determinism: technological determinists are supposed to believe, for example, that machinery imposes appropriate forms of order on society. The alternative to constructivism, in other words, is to view technology as existing outside society, capable of directly influencing skills and work organization. Kumar refutes the extremes of the constructivists by both theoretical and empirical arguments. Theoretically, he defines “technology” in terms of relationship between social and technical variables. Attempts to reduce the meaning of technology to cold, hard metal are bound to fail, for machinery is just scrap unless it is organized functionally and supported by appropriate systems of operation and maintenance. At the empirical level, Kumar shows how a change at the Printing Press from maintenance-intensive electromechanical devices to semi-electronic devices altered work tasks, skills, training opportunities, administration, and organization of workers. Some changes Kumar attributes to the particular way management and labor unions negotiated the introduction of the technology, whereas others are seen as arising from the capabilities and nature of the technology itself. Thus, Kumar helps answer the question: “When is social choice decisive and when are concrete characteristics of technology more important ?”

Which of the following statements from the passage suggests that the hypothetical sociological studies of change in industry most clearly exemplifies the social constructivists’ version of technological determinism? 


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


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