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.

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

Read the passage and answer the question based on it.
Management education gained new academic stature within US Universities and greater respect from outside during the 1960 and 1970s. Some observers attribute the competitive superiority of US corporations to the quality of business education. In1978, a management professor, Herbert A. Simon of Carnegie Mellon University, won the Nobel Prize in economics for his work in decision theory. And the popularity of business education continued to grow, since 1960, the number of master’s degrees awarded annually has grown from under 5000 to over 50,000 in the mid-1980’s as the MBA has become known as ‘the passport to the good life’.
By the 1980s, however, US business schools faced critics who charged that learning had little relevance to real business problems. Some went so far as to blame business schools for the decline in US competitiveness.

Amidst the criticisms, four distinct arguments may be discerned. The first is that business schools must be either unnecessary or deleterious because Japan does so well without them. Underlying this argument is the idea that management ability cannot be taught, one is either born with it or must acquire it over years of practical experience. A second argument is that business schools are overly academic and theoretical. They teach quantitative models that have little application to real-world problems. Third, they give inadequate attention to shop floor issues, production processes and to management resources. Finally, it is argued that they encourage undesirable attitudes in students, such as placing value on the short term and ‘bottom line’ targets, while neglecting longer-term development criteria. In summary, some business executives complain that MBA’s are incapable of handling day to day operational decisions, unable to communicate and to motivate people, and unwilling to accept responsibility for following through on implementation plans. We shall analyze these criticisms after having reviewed experiences in other countries.

In contrast to the expansion and development of business education in the United States and more recently in Europe, Japanese business schools graduate no more than two hundred MBA’s each year. The Keio Business School (KBS) was the only graduate school of management in the entire country until the mid-1970s and it still boasts the only two-year master's programme. The absence of business schools in Japan would appear in contradiction with the high priority placed upon learning by its Confucian culture. Confucian colleges taught administrative skills as early as 1630 and Japan wholeheartedly accepted Western learning following the Meiji restoration of 1868 when hundreds of students were dispatched to universities in US, Germany, England, and France to learn the secrets of Western technology and modernization. Moreover, the Japanese educational system is highly developed and intensely competitive and can be credited for raising the literary and mathematical abilities of the Japanese to the highest level in the world.

Until recently, Japan corporations have not been interested in using either local or foreign business schools for the development of their future executives. Their in-company training programs have sought the socialization of newcomers, the younger the better. The training is highly specific and those who receive it have neither the capacity nor the incentive to quit. The prevailing belief, says Imai, ‘is management should be born out of the experience and many years of effort and not learnt from educational institutions.’ A 1960 survey of Japanese senior executives confirmed that a majority (54%) believed that managerial capabilities can be attained only on the job and not in universities.

However, this view seems to be changing: the same survey revealed that even as early as 1960, 37% of senior executives felt that the universities should teach integrated professional management. In the 1980’s a combination of increased competitive pressures and greater multi-nationalization of Japanese business are making it difficult for many companies to rely solely on uponinternally trained managers. This has led to rapid growth of local business programmes and greater use of American MBA programmes. In 1982-83, the Japanese comprised the largest single group of foreign students at Wharton, where they not only learnt the latest techniques of financial analysis but also developed worldwide contacts through their classmates and became Americanized, something highly useful in future negotiations. The Japanese, then do not ‘do without’ business schools, as is sometimes contended. But the process of selecting and orienting new graduates, even MBA’s, into corporations is radically different than in the US. Rather than being placed in highly paying staff positions, new Japanese recruits are assigned responsibility for operational and even menial tasks. Success is based upon Japan’s system of highly competitive recruitment and intensive in-company management development, which in turn are grounded in its tradition of universal and rigorous academic education, life-long employment and strong group identification.

The harmony among these traditional elements has made the Japanese industry highly productive and given corporate leadership a long term view. It is true that this has been achieved without much attention to university business education, but extraordinary attention has been devoted to the development of managerial skills, both within the company and through participation in programmes sponsored by the Productivity Center and other similar organizations. 

The following reasons were responsible for the growth of popularity of business schools among students except


The summer he turned 82, my father lost his stories. He was still vibrant, garrulous and energetic, and initially, none of us noticed that his anecdotes were getting repetitive, that he was forgetting names and places, that he was confusing times and references. A man of many narratives, we listened to his oft-repeated tales, sometimes with feigned patience and sometimes with visible impatience.

Till the day the stories stopped. The words dried out. The memories disappeared. The change happened so gradually that its final suddenness took us, his immediate family by complete surprise. And when the stories dried up, the energy seemed to drain away from his soul. This loss of energy was immediately and visibly apparent as this was one trait, above all others that characterized my father.

A child of Partition, Baba had left his native Barisal in present-day Bangladesh, on the eve of this momentous event in 1947, at the age of 14. My grandmother, widowed since the birth of my father, her youngest son, decided to leave their sprawling homestead with extensive farming lands and immigrate to the yet-to-be formed republic of India, along with her four other sons. Thus, family lore tells us, she liquidated some of her assets, packed her immediate family and necessary belongings onto a steamer and sailed into the teeming, seething city of Calcutta to set up a new life.

A seminal rupture in the subcontinent, Partition had wreaked havoc among countless families, uprooted and flung far and wide without any recourse. Baba often became that recourse – his contribution making a significant difference to families struggling to survive with some degree of dignity. It seemed his experience of early loss and deprivation had in a strangely converse way, endowed him with a generosity of soul that I have yet to encounter in another person.

It was thus shocking to see this extraordinary man with the mind, heart and soul of a Colossus shorn of his spirit.

In an effort to revive his flagging interest, I urged him to start writing down stories from his life. I bought him a notebook and with great flourish announced his assignment.

Stories were my particular stock in trade. I’d nurtured an early passion for storytelling and story writing into a teaching career focussed on literacy. I used specific strategies to build a writing habit in my students, centered on the belief that we all have stories to tell. As the children became confident and joyful storytellers, their acquisition of benchmarked literacy skills outstripped that of their peers.

Could I use these same strategies to draw the forgotten stories from Baba? Would these forgotten stories, in turn, help him reconstruct a sense of self?

[Extracted, with edits and revisions, from: “Her father’s memories were slipping away. She made him tell stories so that he could hold on to them”, by Ranu Bhattacharyya, Scroll, 2019.]

What role did the author’s father play for families uprooted by the Partition? 


Paragraph: Economists have long recognized a persistent and unfounded belief among the population which has come to be known as the anti-foreign bias. As a result of this bias, most people systematically underestimate the economic benefits of interactions with foreign nations. Some psychologists believe that this bias is rooted in a natural distrust of the "other," while others believe that a form of folk wisdom, seemingly in accord with common sense but nonetheless incorrect, explains the bias. This wisdom asserts that in any transaction there is a winner and a loser and any foreign nation that wants to engage in trade must be doing so because it seeks its own advantage. But nothing could be further from truth. 

No less an authority than Adam Smith, one of the fathers of the modern free market system, spoke glowingly of foreign trade in his influential treatise Wealth of Nations. "What is prudence in the conduct of every private family, can scarce be folly in a great kingdom," said Smith. His point is simple. A baker trades his bread to the cobbler for shoes and both men benefit from the trade because of the value of specialization. The same principle works for nations. Even more startling, a basic economic theorem, the Law of Comparative Advantage, states that mutually beneficial trade is possible even if one nation is less productive than the other.

Suppose a citizen of Country X can produce either 10 computers or five bushels of wheat and a citizen of Country Y can produce either three computers or two bushels of wheat. If one citizen from Country X switches from producing wheat to computers and three citizens from Country Y switch from producing computers to wheat, there is a net gain of one computer and one bushel of wheat.

As it is described in the passage, which of the following most closely resembles "folk wisdom?"


Paragraph: Many great inventions are initially greeted with ridicule and disbelief. The invention of the airplane was no exception. Although many people who heard about the first powered flight on December 17, 1903 were excited and impressed, others reacted with peals of laughter. The idea of flying an aircraft was repulsive to some people. Such people called Wilbur and Orville Wright, the inventors of the first flying machine, impulsive fools. Negative reactions, however, did not stop the Wrights. Impelled by their desire to succeed, they continued their experiments in aviation.

Orville and Wilbur Wright had always had a compelling interest in aeronautics and mechanics. As young boys they earned money by making and selling kites and mechanical toys. Later, they designed a newspaper-folding machine, built a printing press, and operated a bicycle-repair shop. In 1896, when they read about the death of Otto Lilienthal, the brothers' interest in flight grew into a compulsion.

Lilienthal, a pioneer in hang-gliding, had controlled his gliders by shifting his body in the desired direction. This idea was repellent to the Wright brothers, however, and they searched for more efficient methods to control the balance of airborne vehicles. In 1900 and 1901, the Wrights tested numerous gliders and developed control techniques. The brothers' inability to obtain enough lift power for the gliders almost led them to abandon their efforts.

After further study, the Wright brothers concluded that the published tables of air pressure on curved surfaces must be wrong. They set up a wind tunnel and began a series of experiments with model wings. Because of their efforts, the old tables were repealed in time and replaced by the first reliable figures for air pressure on curved surfaces. This work, in turn, made it possible for the brothers to design a machine that would fly. In 1903 the Wrights built their first airplane, which cost less than $1,000. They even designed and built their own source of propulsion-a lightweight gasoline engine. When they started the engine on December 17, the airplane pulsated wildly before taking off. The plane managed to stay aloft for 12 seconds, however, and it flew 120 feet.

By 1905, the Wrights had perfected the first airplane that could turn, circle, and remain airborne for half an hour at a time. Others had flown in balloons and hang gliders, but the Wright brothers were the first to build a full-size machine that could fly under its own power. As the contributors to one of the most outstanding engineering achievements in history, the Wright brothers are accurately called the fathers of aviation.

The idea of flying an aircraft was _________ to some people.


Paragraph: Many great inventions are initially greeted with ridicule and disbelief. The invention of the airplane was no exception. Although many people who heard about the first powered flight on December 17, 1903 were excited and impressed, others reacted with peals of laughter. The idea of flying an aircraft was repulsive to some people. Such people called Wilbur and Orville Wright, the inventors of the first flying machine, impulsive fools. Negative reactions, however, did not stop the Wrights. Impelled by their desire to succeed, they continued their experiments in aviation.

Orville and Wilbur Wright had always had a compelling interest in aeronautics and mechanics. As young boys they earned money by making and selling kites and mechanical toys. Later, they designed a newspaper-folding machine, built a printing press, and operated a bicycle-repair shop. In 1896, when they read about the death of Otto Lilienthal, the brothers' interest in flight grew into a compulsion.

Lilienthal, a pioneer in hang-gliding, had controlled his gliders by shifting his body in the desired direction. This idea was repellent to the Wright brothers, however, and they searched for more efficient methods to control the balance of airborne vehicles. In 1900 and 1901, the Wrights tested numerous gliders and developed control techniques. The brothers' inability to obtain enough lift power for the gliders almost led them to abandon their efforts.

After further study, the Wright brothers concluded that the published tables of air pressure on curved surfaces must be wrong. They set up a wind tunnel and began a series of experiments with model wings. Because of their efforts, the old tables were repealed in time and replaced by the first reliable figures for air pressure on curved surfaces. This work, in turn, made it possible for the brothers to design a machine that would fly. In 1903 the Wrights built their first airplane, which cost less than $1,000. They even designed and built their own source of propulsion-a lightweight gasoline engine. When they started the engine on December 17, the airplane pulsated wildly before taking off. The plane managed to stay aloft for 12 seconds, however, and it flew 120 feet.

By 1905, the Wrights had perfected the first airplane that could turn, circle, and remain airborne for half an hour at a time. Others had flown in balloons and hang gliders, but the Wright brothers were the first to build a full-size machine that could fly under its own power. As the contributors to one of the most outstanding engineering achievements in history, the Wright brothers are accurately called the fathers of aviation.

People thought that the Wright brothers had ________


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.

The Pope divided New World lands between Spain and Portugal according to their location on one side or the other of an imaginary geographical line 50 degrees west of Greenwich that extends in a _________ direction.


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

MY LOVE OF NATURE, goes right back to my childhood, to the times when I stayed on, my grandparents' farm in Suffolk. My father was in the armed forces, so we were always moving and didn't have a home base for any length of time, but I loved going there. I think it was my grandmother who encouraged me more than anyone: she taught me the names of wild flowers and got me interested in looking at the countryside, so it seemed obvious to go on to do Zoology at University. 

I didn't get my first camera until after I'd graduated, when I was due to go diving in Norway and needed a method of recording the sea creatures I would find there. My father didn't know anything about photography, but he bought me an Exacta, which was really quite a good camera for the time, and I went off to take my first pictures of sea anemones and starfish. I became keen very quickly, and learned how to develop and print; obviously I didn't have much money in those days, so I did more black and white photography than colour, but it was all still using the camera very much as a tool to record what I found both by diving and on the shore. I had no ambition at all to be a photographer then, or even for some years afterwards.

Unlike many of the wildlife photographers of the time, I trained as a scientist and therefore my way of expressing myself is very different. I've tried from the beginning to produce pictures that are always biologically correct. There are people who will alter things deliberately: you don't pick up sea creatures from the middle of the shore and take them down to attractive pools at the bottom of the shore without knowing you're doing it. In so doing you're actually falsifying the sort of seaweeds they live on and so on, which may seem unimportant, but it is actually changing the natural surroundings to make them prettier. Unfortunately, many of the people who select pictures are looking for attractive images and, at the end of the day, whether it's truthful or not doesn't really matter to them. It's important to think about the animal first, and there are many occasions when I've not taken a picture because it would have been too disturbing. Nothing is so important that you have to get that shot; of course, there are cases when it would be very sad if you didn't, but it's not the end of the world. There can be a lot of ignorance in people's behaviour towards wild animals and it's a problem that more and more people are going to wild places: while some animals may get used to cars, they won't get used to people suddenly rushing up to them. The sheer pressure of people, coupled with the fact that there are increasingly fewer places where no-one else has photographed, means that over the years, life has become much more difficult for the professional wildlife photographer. 

Nevertheless, wildlife photographs play a very important part in educating people about what is out there and what needs conserving. Although photography can be an enjoyable pastime, as it is to many people, it is also something that plays a very important part in educating young and old alike. Of the qualities it takes to make a good wildlife photographer, patience is perhaps the most obvious -you just have to be prepared to sit it out. I'm actually more patient now because I write more than ever before, and as long as I've got a bit of paper and a pencil, I don't feel I'm wasting my time. And because I photograph such a wide range of things, even if the main target doesn't appear I can probably find something else to concentrate on instead.

The writer decided to go to university and study Zoology because


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 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. 

What has transformed teaching into an important branch of public service is


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


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