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

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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.

In the method of interpretation of the European court of Justice:

Options

  • 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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Solution

Actions against member states needed to be evaluated against the said community goals.

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

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Direction : The passage given below is followed by a set of questions. Choose the most appropriate answer to each question.

It is a matter of life or death: that’s a concept that gets our attention, whether chuckling over it in a B-grade film, or engrossed by it in an A-grade medical book such as this year’s Pulitzer Prize winner for nonfiction, The Emperor of All Maladies: A Biography of Cancer by Siddhartha Mukherjee. It isn’t hyperbole to call Emperor a literary masterpiece. The Pulitzer citation describes it as, “an elegant inquiry, at once clinical and personal, into the long history of an insidious disease that, despite treatment breakthroughs, still bedevils medical science.” “Elegant” is an apposite description of the New York-based oncologist’s prose, whether he is rephrasing Tolstoy: “Normal cells are identically normal; malignant cells become unhappily malignant in unique ways”; or explaining the book’s provocative title: “This book is a ‘biography’ in the truest sense of the word – an attempt to enter the mind of this immortal illness, to understand its personality, to demystify its behaviour”; or extrapolating, from cancer’s ability to mutate, into the realm of philosophy: “If we, as a species, are the ultimate product of Darwinian selection, then so, too, is this incredible disease that lurks inside us.” Mukherjee weaves together multiple stories about medical advances, doctors and scientists, and the patients who teach us something in the living or dying. Emperor is a historical account of cancer; we understand how cancer rose to prominence as a leading cause of death – as a direct result of human beings living longer now, and more likely to develop cancer. A greater understanding of the disease however comes with the caveat, the more you
know, the more aware you are of how much you don’t know. Tales related to surgery, with its inherent drama, has the edge on our medical reading lists. Some medical books fall into the Self Help category — one of the most successful genres in the publishing world today. While the genre can attract those looking to make a quick buck by peddling to people’s insecurities, there are some useful tomes too. Author Tim Parks in Teach Us to Sit Still shares how reading a famous self-help book, A Headache in the Pelvis helped with his chronic pelvic pain syndrome. Medical books deal with a subject close to our hearts — us, we, ourselves. Perhaps the ones we are most drawn to – thrillers aside – are those that give us a deeper insight into how the mind-body machine works, why we are sick, how we can get better — and, unhappily, sometimes, why we can’t.

According to the author, medical books catch our attention because


Read the passage and answer the question based on it.
Civilization is basically a vital kind of grouping. Without civilizations, the world as we know it would not be. Civilizations have different qualities than regular groups of people such as nomads. For example, a civilization develops surpluses of things which helps the people be a stable community. These surpluses also create the construction and growth of cities and help develop secure, formal states. The government is also present in civilizations. One very important part of a civilization is an advanced writing method. A civilization can only be complete with all of these factors, or it will just fall apart. Nomads are nowhere close to being a civilization even though sometimes groups of nomads have good technology. The words 'culture' and 'civilization' have been often used synonymously, though they have clearly defined meanings differentiating them. 'Civilization' means the betterment of ways of living, making Nature bend to fulfill the needs of humankind. It includes also organizing societies into politically well-defined groups working collectively for improved conditions of life in matters of food, dress, communication, and so on. Thus a group considers itself as civilized, while others were looked down upon as barbarians. This has led to wars and holocausts, resulting in the mass destruction of human beings. What are the good parts of our civilization? First and foremost there are order and safety. If today I have a quarrel with another man, I do not get beaten merely because I am physically weaker and he can kick me down. I go to law, and the law will decide as fairly as it can between the two of us. Thus in disputes between man and man right has taken the place of might. Moreover, the law protects me from robbery and violence. Nobody may come and break into my house, steal my goods or run off with my children. Of course, there are burglars, but they are very rare, and the law punishes them whenever it catches them. It is difficult for us to realize how much this safety means. Without safety, these higher activities of mankind which make up civilization could not go on. The inventor could not invent, the scientist find out or the artist make beautiful things. Hence, order and safety, although they are not themselves civilization are things without which civilization would be impossible. They are as necessary to our civilization as the air we breathe is to us, and we have grown so used to them that we do not notice them any more than we notice the air. Another great achievement of our civilization is that today civilized men are largely free from the fear of pain. They still fall ill, but illness is no longer the terrible thing it used to be... Not only do men and women enjoy better health; they live longer than they ever did before, and they have a much better chance of growing up... Thirdly, our civilization is more secure than any that have gone before it. This is because it is much more widely spread... Previous civilizations were specialized and limited, they were like oases in a desert.

The third merit of the present civilization, according to the author, is:


Paragraph: At this stage of civilisation, when many nations are brought in to close and vital contact for good and evil, it is essential, as never before, that their gross ignorance of one another should be diminished, that they should begin to understand a little of one another's historical experience and resulting mentality. It is the fault of the English to expect the people of other countries to react as they do, to political and international situations. Our genuine goodwill and good intentions are often brought to nothing because we expect other people to be like us. This would be corrected if we knew the history, not necessarily in detail but in broad outlines, of the social and political conditions which have given to each nation its present character.

According to the author his countrymen should..


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 implies that a drug with adverse side effects:


Passage in this section is followed by a group of question which is to be answered on the basis of what is stated or implied in the passage. For some questions, more than one of the choices could conceivably answer the question. However, you are to choose the best answer, that is, the response that most accurately and completely answers the question and blacken the corresponding space.

One of the most prolific authors of all time, Isaac Asimov was influential both in science fiction and in the popularization of science during the twentieth century, but he is also justly famous for the scope of his interests. Although the common claim that Asimov is the only author to have written a book in every category of the Dewey decimal system is untrue, its spirit provides an accurate picture of the man: a dedicated humanist who lauded the far-reaching power of reason. His most famous work, the Foundation trilogy, can be read as an illustration of Asimov’s belief in reason and science, but even while he expressed that belief, science itself was calling it into question.

Foundation describes a time in which a vast Empire spanning the galaxy is on the verge of collapse. Its inevitable doom is a consequence not of its size, but of the shortsightedness of its leaders. In this environment, a scientist named Hari Seldon devises an all encompassing plan to help human civilization recover from the trauma of the Empire’s coming collapse. Using mathematics, Seldon is able to predict the future course of history for thousands of years, and he takes steps that are geared toward guiding that future in a beneficial direction. The trope of the benevolent and paternalistic scientist shaping existence from behind the scenes, present in much of Asimov’s fiction, is never more explicit than in the Foundation series, which describes with an epic sweep the course and progress of the Seldon Plan. 

As naive and, perhaps, self-serving as the conceit of Foundation may seem to contemporary readers, it retains to some degree its ability of comfort by offering an antidote to the complex and unpredictable nature of experience. Science in Asimov’s time was, in popular conceptions, engaged in just this pursuit: discerning immutable laws that operate beneath a surface appearance of contingency, inexplicability, and change. But even while Asimov wrote, science itself was changing. In Physics, the study of matter at the subatomic level showed that indeterminacy was not a transitory difficulty to be overcome, but an essential physical principle. In Biology, the sense of evolution as steady progress toward better-adapted forms was being disturbed by proof of a past large-scale evolution taking place in brief explosions, of frantic change. At the time of Asimov’s death, even Mathematics was gaining popular notice for its interest in chaos and inexplicability. Usually summarized in terms of the so-called ‘butterfly effect’, chaos theory showed that perfect prediction could take place only on the basis of perfect information, which was by nature impossible to obtain. Science had dispensed with the very assumptions that motivated Asimov’s idealization of it in the Seldon Plan. Indeed, it was possible to see chaos at work in Foundation itself: as sequels multiplied and began to be tied into narrative threads from Asimov’s other novels, the urge to weave one grand narrative spawned myriad internal inconsistencies that were never resolved.

Which one of the following statements most accurately expresses the purpose of the final paragraph?


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 the main theme of the story of Antigone?  


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".

Why did the Gods curse Oedipus? Because Oedipus. 


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

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

In the area of quasi-public property, balancing these rights has produced a dilemma. This is the situation when a private owner permits the general public to use his property. When persons seek to use the land for passing out handbills or picketing, how is a conflict between property rights and freedom of expression resolved? 

The precept that a private property owner surrenders his rights in proportion to the extent to which he opens up his property to the public is not new. In 1675, Lord Chief Justice Hale wrote that when private property is “affected with a public interest, it ceases to be private.” Throughout the development of AngloAmerican law, the individual has never possessed absolute dominion over property. Land becomes clothed with a public interest when the owner devotes his property to a use in which the public has an interest. In support of this position the chairman of the board of the Wilde Lake Shopping Centre in Columbia, Maryland said: 

The only real purpose and justification of any of these centres are to serve the people in the area -not the merchants, not the developers, not the architects. The success or failure of a regional shopping centre will be measured by what it does for the people it seeks to serve.

These doctrines should be applied when accommodation must be made between a shopping centre owner’s private property rights and the public’s right to free expression. It is hoped that when the Court is asked to balance these conflicting rights it will keep in mind what Justice Black said in 1945: “When we balance the constitutional rights of owners of property against those of the people to enjoy (First Amendment) freedom(s) ......... we remain mindful of the fact that the latter occupy a preferred position.”

All other things being equal, the courts must 


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.

What is the central theme of the passage?


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

Subsistence


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