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

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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.

Options

  • Rules that create their own incentive for fulfilment.

  • Ambiguities about the powers of contracting parties to make certain decisions.

  • Integrating under one roof the agreements signed under GATT.

  • Grandfather ­- rights exceptions and defects in dispute settlement procedures.

MCQ
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Solution

Integrating under one roof the agreements signed under GATT.

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Comprehension Passages (Entrance Exams)
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2016-2017 (May) Set 1

RELATED QUESTIONS

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-1980s 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 1980s a combination of increased competitive pressures and greater multi-nationalization of Japanese business are making it difficult for many companies to rely solely on upon internally trained managers. This has led to the 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. 

A criticism that management education did not face was that


Paragraph: A fundamental principle of pharmacology is that all drugs have multiple actions. Actions that are desirable in the treatment of disease are considered therapeutic, while those that are undesirable or pose risks to the patient are called "effects." Adverse drug effects range from the trivial, e.g., nausea or dry mouth, to the serious, e.g., massive gastrointestinal bleeding or thromboembolism; and some drugs can be lethal. Therefore, an effective system for the detection of adverse drug effects is an important component of the health care system of any advanced nation. Much of the research conducted on new drugs aims at identifying the conditions of use that maximize beneficial effects and minimize the risk of adverse effects.

The intent of drug labeling is to reflect this body of knowledge accurately so that physicians can properly prescribe the drug; or, if it is to be sold without prescription so that consumers can properly use the drug.

The current system of drug investigation in the United States has proved very useful and accurate in identifying the common side effects associated with new prescription drugs. By the time a new drug is approved by the Food and Drug Administration, its side effects are usually well described in the package insert for physicians. The investigational process, however, cannot be counted on to detect all adverse effects because of the relatively small number of patients involved in premarketing studies and the relatively short duration of the studies.

Animal toxicology studies are, of course, done prior to marketing in an attempt to identify any potential for toxicity, but negative results do not guarantee the safety of a drug in humans, as evidenced by such well-known examples as the birth deformities due to thalidomide.

This recognition prompted the establishment in many countries of programs to which physicians report adverse drug effects. The United States and other countries also send reports to an international program operated by the World Health Organization. These programs, however, are voluntary reporting programs and are intended to serve a limited goal: alerting a government or private agency to adverse drug effects detected by physicians in the course of practice. Other approaches must be used to confirm suspected drug reactions and to estimate incidence rates. These other approaches include conducting retrospective control studies; for example, the studies associating endometrial cancer with estrogen use, and systematic monitoring of hospitalized patients to determine the incidence of acute common side effects, as typified by the Boston Collaborative Drug Surveillance Program.

Thus, the overall drug surveillance system of the United States is composed of a set of information bases, special studies, and monitoring programs, each contributing in its own way to our knowledge about marketed drugs. The system is decentralized among a number of governmental units and is not administered as a coordinated function. Still, it would be inappropriate at this time to attempt to unite all of the disparate elements into a comprehensive surveillance program. Instead, the challenge is to improve each segment of the system and to take advantage of new computer strategies to improve coordination and communication.

The author of the passage regards current drug investigation procedures as:


Paragraph: A fundamental principle of pharmacology is that all drugs have multiple actions. Actions that are desirable in the treatment of disease are considered therapeutic, while those that are undesirable or pose risks to the patient are called "effects." Adverse drug effects range from the trivial, e.g., nausea or dry mouth, to the serious, e.g., massive gastrointestinal bleeding or thromboembolism; and some drugs can be lethal. Therefore, an effective system for the detection of adverse drug effects is an important component of the health care system of any advanced nation. Much of the research conducted on new drugs aims at identifying the conditions of use that maximize beneficial effects and minimize the risk of adverse effects.

The intent of drug labeling is to reflect this body of knowledge accurately so that physicians can properly prescribe the drug; or, if it is to be sold without prescription so that consumers can properly use the drug.

The current system of drug investigation in the United States has proved very useful and accurate in identifying the common side effects associated with new prescription drugs. By the time a new drug is approved by the Food and Drug Administration, its side effects are usually well described in the package insert for physicians. The investigational process, however, cannot be counted on to detect all adverse effects because of the relatively small number of patients involved in premarketing studies and the relatively short duration of the studies.

Animal toxicology studies are, of course, done prior to marketing in an attempt to identify any potential for toxicity, but negative results do not guarantee the safety of a drug in humans, as evidenced by such well-known examples as the birth deformities due to thalidomide.

This recognition prompted the establishment in many countries of programs to which physicians report adverse drug effects. The United States and other countries also send reports to an international program operated by the World Health Organization. These programs, however, are voluntary reporting programs and are intended to serve a limited goal: alerting a government or private agency to adverse drug effects detected by physicians in the course of practice. Other approaches must be used to confirm suspected drug reactions and to estimate incidence rates. These other approaches include conducting retrospective control studies; for example, the studies associating endometrial cancer with estrogen use, and systematic monitoring of hospitalized patients to determine the incidence of acute common side effects, as typified by the Boston Collaborative Drug Surveillance Program.

Thus, the overall drug surveillance system of the United States is composed of a set of information bases, special studies, and monitoring programs, each contributing in its own way to our knowledge about marketed drugs. The system is decentralized among a number of governmental units and is not administered as a coordinated function. Still, it would be inappropriate at this time to attempt to unite all of the disparate elements into a comprehensive surveillance program. Instead, the challenge is to improve each segment of the system and to take advantage of new computer strategies to improve coordination and communication.

Which of the following can be inferred from the given passage?


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.

The author of the passage seems to be of the view that 


Read the following passage carefully and answer the question:

Antigone was one of the daughters of Oedipus, that tragic figure of male power who had been cursed by Gods for mistakenly his father and subsequently marrying his mother and assuming the throne of Thebes. After the death of Oedipus, civil war broke out and a battle was waged in front of the seventh gate of Thebes his two sons led opposing factions and at the height of the battle fought and killed each other. Oedipus brother Creon, uncle of Antigone, was now undisputed master of the city. Creon resolved to make an example of the brother who had fought against him, Polynices, by refusing the right of honourable burial. The penalty of death was promulgated against any who would defy this order.

Antigone was distraught. Polynices had been left unburied, unwept, a feast of flesh for keen eyed carrion birds. Antigone asks her sister Ismene, for it was a challenge to her royal blood. Now it is time to show whether or not you are worthy of your royal blood is be 'not my brother and yours? Whether you like it or not? I shall never desert him-never. But Simone responds, “How could you dare-when Creon has expressly forbidden it? Antigone, we are women, it is not for us to fight against men". With a touch of bitterness, Antigone releases her sister from the obligation to help her. but argues she cannot shrug off the burden. "if I die for it what happiness! Live,..if you will live, and defy the holiest of laws of heaven".

What is your opinion, would have been the logical end of the story? 


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 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.

According to the passage, true egalitarianism will last only if


The questions in this section are based on the passage. The questions are to be answered on the basis of what is stated or implied 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 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: "Any 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 demonstrated a lack of concern for human life by the commission of a violent and dangerous felony and that the crime 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 -reevaluate and abandon the archaic legal fiction; restrict and limit 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.

Arguments in favour of the felony murder rule may include all of the following EXCEPT


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

Today, with a Noble Prize to its credit, Grameen is one of the largest microfinance organisations in the world. It started out lending small sums to poor entrepreneurs in Bangladesh to help them grow from a subsistence living to a livelihood. The great discovery its founders made was that even with few assets, these entrepreneurs repaid on time. Grameen and micro-finance have since become financial staples of the developing world. Grarneen's approach, unlike other micro-financers, uses the group-lending model. Costs are kept down by having borrowers vet one another, tying together their financial fates and eliminating expensive loan offices entirely. The ultimate promise of Grameen is to use business lending as a way for people to lift themselves out of poverty. Recently, Grameen has taken on a different challenge by setting up operations in the US Money may be tight in the waning recession but it is still a nation of 100000 bank branches. Globally, the working micro-finance equation consists of, borrowing funds cheaply and keeping loan defaults and overhead expenses sufficiently low. Microlenders, including Grarneen, do this by charging colossal interest rates-as high as 60% or 70% which is necessary to compensate for the risk and attract bank funding. 

But, loans at rates much above the standard 15% would most likely be attacked as usurious in America. So, the question is whether there is a role for a third world leader in the world's largest economy? Grameen America believes that in a few years it will be successful and turn a profit thanks to 9 million US households untouched by mainstream banks and 21 million using the likes of payday loans and pawn shops for financing. But enticing the unbanked won't be easy. Alter all, profit has long eluded micro-financiers and if it is not lucrative, it is not microlending, but charity. When Grameen first went to the US, in the late 1980s. it tripped up. Under Grameen's fuselage, banks started microloans to entrepreneurs with a shocking 30% loss. But, Grameen America says that this time results will be different because Grameen employees themselves will be making the loans, not training an American bank to do it. More often than not, the borrowers, Grameen finds, in the US already have jobs (as factory workers e.g.) or side businesses-selling toys. cleaning houses, etc. The loans from Grameen, by and large, provide a steadier source of funding, but they don't create businesses out of nothing. But, money isn't everything. More importantly, for many entrepreneurs, group members are tremendous sources of support to one another. So, even if studies are yet to determine if Grameen is a clear-cut pathway out of poverty it still achieves something useful.

Why has Grameen made a second attempt to launch itself in the US?


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


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