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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.
Solution
Actions against member states needed to be evaluated against the said community goals.
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If religion and community are associated with global violence in the trends of many people, then so are global poverty and inequality. There has, in fact, been an increasing tendency in recent years to justify policies of poverty removal on the ground that this is the surest way to prevent political strife and turmoil. Basing public policy - international as well as domestic- on such an understanding has some evident attractions. Given the public anxiety about wars and disorders in the rich countries in the world, the indirect justification of poverty removal -not for its own sake but for the sake of peace and quiet in the world - provides an argument that appeals to self-interest for helping the needy. It presents an argument for allocating more resources on poverty removal because of its presumed political, rather than moral, relevance.
While the temptation to go in that direction is easy to understand, it is a perilous route to take even for a worthy cause. Part of the difficulty lies in the possibility that if wrong, economic reductionism would not only impair our understanding of the world but would also tend to undermine the declared rationale of the public commitment to remove poverty. This is a particularly serious concern, since poverty and massive inequality are terrible enough in themselves, and deserve priority even if there were no connection whatsoever with violence. Just as virtue is its own reward, poverty is at least its own penalty. This is not to deny that poverty and inequality can - and do - have far-reaching consequences with conflict and strife, but these connections have to be examined and investigated with appropriate care and empirical scrutiny, rather than being casually invoked with unreasoned rapidity in support of a `good cause."
Destitution can, of course, produce provocation for defying established laws and rules. But it need not give people the initiative, courage, and actual ability to do anything very violent. Destitution can be accompanied not only by economic debility but also by political helplessness. A starving wretch can be too frail and too dejected to fight and battle, and even te protest and holler. It is thus not surprising that often enough intense and widespread suffering and misery have been accompanied by unusual peace and silence.
Indeed, many famines have occurred without there being much political rebellion or civil strife or intergroup warfare. For example, the famine years in the 1840s in Ireland were among the most peaceful, and there was little attempt by the hungry masses to intervene even as ship after ship sailed down the river Shannon with rich food. Looking elsewhere, my own childhood memories in Calcutta during the Bengal famine of 1943 include the sight of starving people dying in front of sweetshops with various layers of luscious food displayed behind the glass windows, without a single glass being broken, or law or order being disrupted.
Economic reductionism' in this passage means;
Direction : The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
With an aim to check flow of black money and evasion of taxes through stock market, market regulator SEBI has decided to impose a hefty penalty on brokers facilitating such transactions from tomorrow. The regulator recently came across a loophole in its existing regulations, which was being abused by stockbrokers for facilitating tax evasion and flow of black money through fictitious trades in lieu of hefty commissions. To remove this anomaly, SEBI has asked stock exchanges to penalize the brokers transferring trades from one trading account to another after terming them as ‘punching’ errors. The penalty could be as high as 2% of the value of shares traded in the ‘wrong’ account, as per new rules coming into effect from August 1. In a widely-prevalent, but secretly operated practice, the people looking to evade taxes approach certain brokers to show losses in their stock trading accounts, so that their earnings from other sources are not taxed. These brokers are also approached by people looking to show their black money as earnings made through stock market. In exchange for a commission, generally 5-10% of the total amount, these brokers show desired profits or losses in the accounts of their clients after transferring trades from other accounts, created for such purposes only. The brokers generally keep conducting both ‘buy’ and ‘sell’ trades in these fictitious accounts so that they can be used accordingly when approached by such clients. In the market parlance, these deals are known as profit or loss shopping. While profit is purchased to show black money as earnings from the market, the losses are purchased to avoid tax on earnings from other sources. As the transfer of trades is not allowed from one account to the other in general cases, the brokers show the trades conducted in their own fictitious accounts as ‘punching’ errors. The regulations allow transfer of trades in the cases of genuine errors, as at times ‘punching’ or placing of orders can be made for the wrong client. To check any abuse of this rule, SEBI has asked the bourses to put in place a robust mechanism to identify whether the errors are genuine or not. At the same time, the bourses have been asked to levy penalty on the brokers transferring their non-institutional trades from one account to the other. The penalty would be 1% of the traded value in wrong account if such trades are up to 5% of the broker’s total non-institutional turnover in a month. The penalty would be 2% of trade value in wrong account if such transactions exceed 5% of total monthly turnover in a month.
What is the central idea of the passage?
In view of the passage given below. Choose the best option for question.
When talks come to how India has done for itself in 50 years of Independence, the world has nothing but praise for our success in remaining a democracy. On other fronts, the applause is less loud. In absolute terms, India has not done too badly, of course, life expectancy has increased. So has literacy. Industry, which was barely a fledging, has grown tremendously. And as far as agriculture is concerned, India has been transformed from a country perpetually on the edge of starvation into a success story held up for others to emulate. But these are competitive times when change is rapid, and to walk slowly when the rest of the world is running is almost as bad as standing still on walking backwards.
Compared with large chunks of what was then the developing 'world South Korea, Singapore, Malaysia, Thailand, Indonesia. China and what was till lately a separate Hong Kong-India has fared abysmally. It began with a far better infrastructure than most of these countries had. It suffered hardly or not at all during the Second World War. It had advantages like an English speaking elite, quality scientific manpower (including a Nobel laureate and others who could be ranked among the world's best) and excellent business acumen. Yet, today, when countries are ranked according to their global competitiveness. it is tiny Singapore that figures at the top. Hong Kong is an export powerhouse. So is Taiwan. If a symbol were needed of how far we have fallen back. note that while Korean Cielos are sold in India, no one in South Korea is rushing to buy an Indian car. The reasons list themselves. Topmost is economic isolationism.
The government discouraged imports and encouraged self-sufficiency. Whatever the aim was, the result was the creation of a totally inefficient industry that failed to keep pace with global trends and, therefore. became absolutely uncompetitive. only when the trade gates were opened a little did this become apparent. The years since then have been spent merely trying to catch up. That the government actually sheltered its industrialists from foreign competition is a little strange. For in all other respects, it operated under the conviction that businessmen were little more than crookS how were to be prevented from entering the most important areas of the economy, how we're to be hamstrung in as many ways as possible, how we're to be tolerated in the same way as an inexcusable wan. The high expropriation rates of taxation. the licensing Jaws, the reservation of whole swathes of the industry for the public sector, and the granting of monopolies to the public sector firms were the principal manifestations of this attitude. The government forgot that before wealth could be distributed, it had to be created.
The government forgot that it itself could not create, but only squander wealth. some of the manifestations of the old attitude have changed. Tax rates have fallen. Licensing has been a but abolished. And the gates of global trade have been opened wide. But most of these Changes were first by circumstances partly by the foreign exchange bankruptcy of 1991 ana the recognition that the government could no longer muster the funds of support the public sector, leave alone expand it. Whether the attitude of the government itself. or that of more than handful of ministers has changed, is open to question. In many other ways, however, the government has not changed one with. Business still has to negotiate a welter of negotiations. Transparency is still a long way off. And there is no exit policy. In defending the existing policy, politicians betray an inability to see beyond their noses. A no-exit policy for labour is equivalent to a no-entry policy for new business If one industry is not allowed to retrench labour, other industries will think a hundred times before employing new labour. In other way too, the government hurts industries.
Public sector monopolies like the department of telecommunications and Yidesh sanchar Nigam Ltd. make it possible for Indian business to operate only at a cost several times that of their counterparts abroad The infrastructure is in a shambles partly because it is unable to formulate a sufficiently remunerative policy for private business, and partly because it does not have the stomach to change market rates for services. After a burst of activity in the early nineties, the government iS dragging itS feet. At the rate, it is going. it will be another fifty years before the government realizes that a pro-business policy is the best pro-people policy By then, of course, the world would have moved even further ahead.
According to the writer..
Direction: Four alternative summaries are given in the text: Choose the option that best captures the essence of the text.
Develop Critical Thinking
The way we see the world and relate to others is intrinsically connected to our own set of values that govern the way we decide to live. However, the influence of fashion, consumerism, pop culture, broken homes, social unrest, and the media is all-pervasive. For many people, teachers and students alike, this influence goes unquestioned. Critical thinking, if successfully taught at this level, becomes the antidote for individual and social illiteracy. For the authors, critical thinking should constitute an indivisible part of the overall educational process. Facione (1995) comments: ‘Critical thinking lies at the root of civilisation. It is a cornerstone in the journey humankind is taking from beastly savagery to global sensitivity’. Supporting the development of these skills involves reflective teaching and learning, which is highly complex and which some students may find difficult, or interpret as weakness on the part of the teacher. But in the long run, with patience on the part of the teacher, it will develop students who can view old or new material, from a variety of sources, through new eyes, using their skills to define their own stance and express it, often better in their second language, with open-minded confidence.
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 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".
Does the story approve the principle of vicarious liability? If so how?
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.
Although the legal systems of England and the United States are superficially similar, they differ profoundly in their approaches to and uses of legal reasons: substantive reasons are more common than formal reasons in the United States, whereas in England the reverse is true. This distinction reflects a difference in the visions of law that prevails in the two countries. In England, the law has traditionally been viewed as a system of rules; the United States favours a vision of law as an outward expression of community’s sense of right and justice.
Substantive reasons, as applied to law, are based on moral, economic, political and other considerations. These reasons are found both “in the law” and “outside the law” so to speak. Substantive reasons inform the content of a large part of the law: constitutions, statutes, contracts, verdicts, and the like. Consider, for example, a statute providing or purposes were explicitly written into the statute was to ensure quiet and safety in the park. Now suppose that a veterans’ group mounts a World War II jeep (in running order but without a battery) as a war memorial on a concrete slab in the park, and charges are brought against its members. Most judges in the United States would find the defendants not guilty because what they did had no adverse effect on park’s quiet and safety.
Formal reasons are different in that they frequently prevent substantive reasons from coming into play, even when substantive reasons are explicitly incorporated into the law at hand. For example, when a document fails to comply with stipulated requirements, the court may render the document legally ineffective. A Will requiring written witness may be declared null and void and, therefore, unenforceable for the formal reason that the requirement was not observed. Once the legal rule–that a Will is invalid for lack of proper witnessing –has been clearly established, and the legality of the rule is not in question, application of that rule precludes from consideration substantive arguments in favour of Will’s validity or enforcement.
Legal scholars in England and the United States have long bemused themselves with extreme examples of formal and substantive reasoning. On the one hand, formal reasoning in England has led to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism. On the other hand, freewheeling substantive reasoning in the United States has resulted in statutory interpretations so liberal that the texts of some statutes have been ignored.
The author of the passage suggests that in English law a substantive interpretation of a legal rule might be warranted under which one of the following circumstances.
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.”
In which one of the following cases would the owner of the property probably be most free to restrict the freedom of speech?
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.”
We can infer from the passage that the author believes that shopping malls in America
Choose the word that is most opposite in the meaning of the given word.
Predominantly
