The debate regarding the role of conscientious objection in healthcare has been protracted, with increasing demands for curbs on conscientious objection. There is a growing body of evidence that indicates that in some cases, high rates of conscientious objection can affect access to legal medical services such as abortion—a major concern of critics of conscientious objection. Moreover, few solutions have been put forward that aim to satisfy both this concern and that of defenders of conscientious objection—being expected to participate in (...) the provision of services that compromise their moral integrity. Here we attempt to bring some resolution to the debate by proposing a pragmatic, long-term solution offering what we believe to be an acceptable compromise—a quota system for medical trainees in specialties where a conscientious objection can be exercised, and is known to cause conflict. We envisage two main objectives of the quota system we propose. First, as a means to introduce conscientious objection into countries where this is not presently permitted. Second, to minimise or eliminate the effects of high rates of conscientious objection in countries such as Italy, where access to legal abortion provision can be negatively affected. (shrink)

The European Commission’s distribution key for refugees across the EU is wanting in many respects. Two LSE researchers defend an alternative key based on pragmatic and realistic criteria. The outcome is sometimes surprising.

ABSTRACT:Despite 40 years of equal opportunities policies and more than two decades of government and organization initiatives aimed at helping women reach the upper echelons of the corporate world, women are seriously underrepresented on corporate boards. Recently, fifteen countries sought to redress this imbalance by introducing gender quotas for board representation. The introduction of board gender quota legislation creates ethical tensions and dilemmas which we categorize in terms of motivations, legitimacy, and outcomes. We investigate these tensions through four overarching (...) theoretical perspectives: institutional, stakeholder, social identity, and social capital. We outline a future research agenda based on how these tensions offer greater focus to research on quotas and more broadly to ethics and diversity in organizations in terms of theory, anticipated ethical tensions, data, and methodology. In sum, our review seeks to synthesize existing multidisciplinary research and stimulate future enquiry on this expanding set of legislation. (shrink)

The paper analyses the problem of workload quotas for district court judges in relation to the standard statutory work time duration. The problem is set against the general tendency of increase in the number of cases brought before courts each year. District courts as the courts of first instance are faced with an ever growing flow of cases. With regard to civil cases, the numbers are increasing especially in the field of the law of obligations (disputes in relation to (...) sale, loan, credit, consumer credit, lease contracts, as well as contracts for the provision of services, etc.). As far as criminal cases are concerned, the numbers are increasing especially in the fields of robbery, theft, in particular car theft, disturbance of public order and other crimes. In these circumstances, it is extremely important to conduct the analysis of the activity of courts in order to obtain a picture of the current situation with regard to the workload of courts and judges. District courts deserve special attention. Uneven distribution of workload among courts and judges is often the reason for the increase of the number of cases where a final decision (judgement) is reached later than 6 months after the start of proceedings. This was pointed out in the Overview of Activities of the Lithuanian Courts and their Self-Governance Institutions (2009–2010), as well as in the report of the National Courts Administration (2010). Those documents underline the importance to analyse the workload of district court judges for the purposes of optimising work organisation, setting the number of judges, distribution of resources, evaluation of judges’ activity, etc. The said analysis is crucial in order to avoid exceeding working time quotas and excessive workload of judges. At present, the workload of district court judges is calculated in accordance with the regulation adopted by the Courts Council in 2004 (as amended in 2005) and it reflects the number of standard cases (civil, criminal cases and cases of administrative offences) as well as other types of procedural documents dealt with by a judge within a period of one month. However, there are no quotas set for judge’s workload with regard to the duration of the statutory work time. The quotas for separate procedural stages (preparation for hearings, hearings, adoption of decision (judgement), other procedural actions that a judge performs while administering justice) are inexistent. The calculation does not take into account whether those standard cases are heard by a single judge or by a panel of judges, the complexity of a particular case is neither reflected. Establishing quotas for district court judges and other court clerks (judge assistants, secretaries, etc.) should consist of legal, organisational-procedural and technical-economical activity. The Ministry of Justice of the Republic of Lithuania, the National Courts Administration, the Courts Council as well as chairmen and experienced judges of district courts should play an active part in the process of establishing quotas. A special role should be assumed by the General Assembly of Judges. (shrink)

We analyze a frequent but undertheorized form of structural injustice, one that arises due to the difficulty of reaching numerically equitable representation of underrepresented subgroups within a larger group. This form of structural injustice is significant because it could occur even if it were possible to completely eliminate bias and overt discrimination from hiring and recruitment practices. The conceptual toolkit we develop can be used to analyze such situations and propose remedies. Specifically, based on a simple mathematical model, we offer (...) a new argument in favour of quotas, explore implications for policy-making, and consider the wider philosophical significance of the problem. We show that in order to reach more equitable representations, quota-based recruitment may often be practically unavoidable. Assuming that members of groups in statistical minority are more likely to quit due to their marginalization, their proportions can stabilize at a low level, preventing a shift towards more equal representation and conserving the minority status of the subgroup. We show that this argument has important implications for addressing, preventing, and remediating the structural injustice of unfair representation. (shrink)

We analyze a frequent but undertheorized form of structural injustice, one that arises due to the difficulty of reaching numerically equitable representation of underrepresented subgroups within a larger group. This form of structural injustice is significant because it could occur even if it were possible to completely eliminate bias and overt discrimination from hiring and recruitment practices. The conceptual toolkit we develop can be used to analyze such situations and propose remedies. Specifically, based on a simple mathematical model, we offer (...) a new argument in favour of quotas, explore implications for policy-making, and consider the wider philosophical significance of the problem. We show that in order to reach more equitable representations, quota-based recruitment may often be practically unavoidable. Assuming that members of groups in statistical minority are more likely to quit due to their marginalization, their proportions can stabilize at a low level, preventing a shift towards more equal representation and conserving the minority status of the subgroup. We show that this argument has important implications for addressing, preventing, and remediating the structural injustice of unfair representation. (shrink)

EU states agreed on 23 September to implement a refugee quota system which will distribute 120,000 refugees across the EU, despite four member states – the Czech Republic, Hungary, Romania and Slovakia – voting against the proposal. Luc Bovens and Anna Bartsch write that regardless of the wider debate over whether a quota system is justified or not, it is vital that the ‘distribution key’ determining how many refugees are assigned to each state is fair. They argue that the distribution (...) key proposed by the European Commission is ill-conceived and regressive, and that a fairer system with recalculated quotas may go some way toward convincing the dissenting states to support the system. (shrink)

The widely discussed "discursive dilemma" shows that majority voting in a group of individuals on logically connected propositions may produce irrational collective judgments. We generalize majority voting by considering quota rules, which accept each proposition if and only if the number of individuals accepting it exceeds a given threshold, where different thresholds may be used for different propositions. After characterizing quota rules, we prove necessary and sufficient conditions on the required thresholds for various collective rationality requirements. We also consider sequential (...) quota rules, which ensure collective rationality by adjudicating propositions sequentially and letting earlier judgments constrain later ones. Sequential rules may be path-dependent and strategically manipulable. We characterize path-independence and prove its essential equivalence to strategy-proofness. Our results shed light on the rationality of simple-, super-, and sub-majoritarian decision-making. (shrink)

FIFA President Sepp Blatter’s recent attempt to resurrect the 6 + 5 quota for club football which limits the number of home-grown players to six is a protectionist measure at odds with global trends in free trade and freedom of movement. We remain unconvinced that his goals—to arrest the decline in the competitive quality and balance of international football, ensure greater investment in developing native talent and safeguarding national identity—are a problem or served well by such a regulation. We show (...) that the impact of foreign players on national teams is mixed and restrictions are as likely to undermine the quality of national teams as much as they will improve them. Our moral case will show he is wrong to assert that elite club football’s prime agenda ought to be a nationalist one. We conclude that the primary threat to the integrity, competitive balance and cultural significance of football is not labour migration but misplaced financial imperatives that have an overriding impact on shaping footba.. (shrink)

Belgium has the particularity ofbeing the only EU Member State to have introduced quotas to its legislation. The type of quota which has been implemented is prioritizing the number, without paying attention to how male and female candidates are positioned on the parties' lists. In the article the author examines the evolution of the number of wamen in Belgian Parliament across time. Comparisons are made within and between parties, before and after the law on quotas. The analysis shows (...) that the effect of quotas to a large degree is dependent on the will of parties to obtain more female representatives. Thus, if the major aim of a legislation on quotas is to impose a balanced gender structure in the representatives' assembly, the legislation ought to consider men's and women's positions on the lists. (shrink)

This article explores and unpacks the public debate on the ethics of applying selection quotas to South African international sport sides to achieve transformation, with special attention to cricket and rugby, the Proteas and Springboks respectively. I claim that for quotas to be morally called for, the racial transformation they are in service of must be morally required. Following an earlier article of mine on the subject of transformation in South African sport, I briefly reject two manifestations of (...) the goal of having the sides’ racial demographics match those of the country as a whole, and proceed to defend and develop two different transformational requirements: the ending of ongoing racial bias and the provision of equality of opportunity. I argue that while there may be a place for alternative forms of affirmative selection, the case for rigid quotas is marginal at best. While I do not argue for the claim here, it neither follows from this, nor do I believe, that the use of quotas is morally wrong. I argue only that the case for them is not particularly strong and depends, particularly, on the extent to which ongoing racial bias in selection persists. (shrink)

The gendered division of labor is the major cause of gender inequality with respect to the broad spectrum of resources, occupations, and roles. Although many feminists aspire to an equality of outcome where there are no significant patterns of gender difference across these dimensions, many have also argued that liberal theories of social justice do not have the conceptual tools to justify a direct attack on the gendered division of labor. Indeed, many critics argue that liberalism positively condones it, presuming (...) that it arises from the free choices of individuals, which must be respected. In this paper I will accept the feminist goal of equality of outcome across roles, occupations, income, and wealth, but will argue that liberal theories of justice are consistent with strong measures aimed at promoting such equality. I will show that liberalism has the conceptual resources to justify a concrete policy measure that goes considerably beyond the measures usually championed by feminists. The example I focus on is “daddy quotas,” which refers to the tagging of a significant part of parental leave for the exclusive use of fathers. (shrink)

The policy of earmarked paternity leave aims to promote mothers’ position in the labor market and fathers’ relationship with their child. Critics argue that the policy prevents parents from pursuing their own ideas about what is best for them. This provides reason to consider whether the policy is paternalistic or, in other ways, disrespectful of parental autonomy. I argue that the state implicates itself in the gender inequalities that result from parents’ unequal parental leave agreements when the state financially facilitates (...) such agreements. This argument for earmarked paternity leave is not disrespectful of parental autonomy. (shrink)

In this article, we use a sample of Norwegian quoted companies in the period of 2001–2010 to explore whether the gender quota requiring 40 % female directors on corporate boards changes the likelihood of women being appointed to top leadership roles as board chairs or corporate CEOs. Our empirical results indicate that the gender quota and the resulting increased representation of female directors provide a fertile ground for women to take top leadership positions. The presence of female board chairs is (...) positively associated with female directors’ independence status, age and qualification, whilst the presence of female CEOs is positively related to the average qualification of female directors. Firms with older and better educated female directors are more likely to appoint female board chairs. The likelihood of female CEOs’ appointment increases with the percentage of independent directors and directors’ qualifications, especially those for female directors. Furthermore, the gender gaps with respect to qualification, board interlocks and nationality between female and male board chairs vanishes after Norwegian companies’ full compliance to the quota in January 2008. However, the gender quota has no significant impact on the gender gaps between female and male directors after its full compliance. Our article thereby contributes to understanding how gender quotas, presence of female directors, percentage of female directors on boards and other board characteristics can determine the gender of top leaders of organizations. (shrink)

Quotas, including youth quotas for representative institutions, are usually evaluated from within the social justice discourse. That discourse relies on several questionable assumptions, seven of which I critically address and radically revise in this contribution from a libertarian perspective. Temporal justice then takes on an entirely different form. It becomes a theory in which responsibilities are clear and cannot be shifted onto the shoulders of the weak and innocent. I shall only briefly sketch some outlines and general implications (...) of such a theory, arguing that it offers too little guidance for our imperfect world. While that implies more tolerance for quotas, I nevertheless propose an alternative more suited to a representative, deliberative democracy: veto rights. (shrink)

In this paper I argue for the following conclusions. First, quotas are not normative goals in themselves but only a means to reach non-discriminatory selection procedures. Second, in a democracy quotas are most plausibly used as a means to fill offices in those bodies which have a major impact on how well interests or discourses are translated into policy. Third, quotas for the young can be justified since, due to demographic development, their discourses tend to be marginalized. (...) Fourth, youth quotas cannot be a means to ensure long-term policy-making, but they can enhance legitimacy of long-term impacts from policy decisions taken today. (shrink)

Ten countries have established quotas for female representation on publicly traded corporate and/or state-owned enterprise boards of directors, ranging from 33 to 50 %, with various sanctions. Fifteen other countries have introduced non-binding gender quotas in their corporate governance codes enforcing a “comply or explain” principle. Countless other countries’ leaders and policy groups are in the process of debating, developing, and approving legislation around gender quotas in boards. Taken together, gender quota legislation significantly impacts the composition of (...) boards of directors and thus the strategic direction of these publicly traded and state-owned enterprises. This article outlines an integrated model of three institutional factors that explain the establishment of board of directors gender quota legislation based on the premise that the country’s institutional environment co-evolves with gender corporate policies. We argue that these three key institutional factors are female labor market and gendered welfare state provisions, left-leaning political government coalitions, and path-dependent policy initiatives for gender equality, both in the public realm as well as in the corporate domain. We discuss implications of our conceptual model and empirical findings for theory, practice, policy, and future research. These include the adoption and penalty design of board diversity practices into corporate practices, bottom-up approaches from firm to country-level gender board initiatives, hard versus soft regulation, the leading role of Norway and its isomorphic effects, the likelihood of engaging in decoupling, the role of business leaders, and the transnational and international reaction to board diversity initiatives. (shrink)

(OPEN ACCESS) This paper offers a novel substantive justification for mandatory electoral quotas—e.g., gender or racial quotas—and a new methodological approach to their justification. Substantively, I argue for a political egalitarian account of electoral quotas. Methodologically, based on this account and a political egalitarian grounding of political participatory rights, I offer an alternative to the External Restriction Approach to the justification of electoral quotas. The External Restriction Approach sees electoral quotas as at best justified restrictions (...) on political participatory rights. I argue for the Internal Restriction Approach instead, which can justify electoral quotas by specifying the pro tanto scope of political participatory rights rather than by justifying restrictions on the pro tanto scope of these rights. On this approach, adequately set electoral quotas do not even conflict with and are not balanced against political participatory rights, while electoral quotas—when justified—are pro tanto required rather than merely permitted. (shrink)

While substantial evidence is emerging internationally of positive increases in the participation of women on company boards, there is less evidence of any significant change in the proportion of women in senior executive ranks. This paper describes evidence of positive changes in the number of women on boards in Australia. Unfortunately these changes are not mirrored in the senior executive ranks where the proportion of women remains consistently low. We explore some of the reasons for these disproportionate changes and examine (...) the likely effect of the recent amendments to the Australian stock exchange’s corporate governance code designed to improve gender diversity both on boards and throughout organisations. Based on the early corporate response to these regulatory changes, it is interesting to consider whether Australia’s approach in promoting voluntary self-regulation at the corporate level may be as effective in the long run as the emerging trend in Europe to apply legislated quotas for female corporate board representation. Interview evidence is presented suggesting that the primary reasons for the lack of women in leadership are not simply lack of opportunity at the apex of the corporation, but issues at mid-management level that are unlikely to be resolved by mandatory board quotas. In some circumstances carefully monitored voluntary targets may be more effective at promoting cultural and strategic change at the heart of the corporation. In summary, mandatory quotas may achieve early and significant results in terms of female board representation. However, voluntary targets for women’s participation on boards and in executive ranks may promote more effective cultural and practical change in support of greater representation of women in leadership. (shrink)

Prominent among the arguments against the legalization of assisted suicide is the contention that legalization will have a disproportionately adverse, or “disparate,” impact on various vulnerable groups. There are many versions of this argument, with different advocates of this argument focusing on different vulnerable groups, and some advocates confusedly blending slippery slope and social justice concerns. Also, the weight placed on this argument by its various advocates is not uniform, with some including the argument in a list of multiple, apparently (...) similarly persuasive, reasons for not legalizing assisted suicide, while others place significant reliance on it and yet others advance the argument without any clear indication of its importance. Nonetheless, the various versions share a common core: One reason assisted suicide should not be legalized is that members of certain vulnerable groups are more likely to be pressured into requesting it, whether directly by those hostile or indifferent to their interests, or indirectly by social circumstances, such as an inability to pursue other healthcare choices. (shrink)

Prominent among the arguments against the legalization of assisted suicide is the contention that legalization will have a disproportionately adverse, or “disparate,” impact on various vulnerable groups. There are many versions of this argument, with different advocates of this argument focusing on different vulnerable groups, and some advocates confusedly blending slippery slope and social justice concerns. Also, the weight placed on this argument by its various advocates is not uniform, with some including the argument in a list of multiple, apparently (...) similarly persuasive, reasons for not legalizing assisted suicide, while others place significant reliance on it and yet others advance the argument without any clear indication of its importance. Nonetheless, the various versions share a common core: One reason assisted suicide should not be legalized is that members of certain vulnerable groups are more likely to be pressured into requesting it, whether directly by those hostile or indifferent to their interests, or indirectly by social circumstances, such as an inability to pursue other healthcare choices. (shrink)

Thousands of refugees die each year fleeing prosecution in their home state. But receiving states are often reluctant to admit, process and house refugees. This is in part because refugee protection is a public good, and so subject to free-riding. A promising, but controversial, solution is to set up markets in tradable refugee quotas (e.g., in the European Union). One of the main objections to such proposals is that they lead to the commodification and objectification of refugees. Another objection, (...) less often discussed, is that such markets seem to legitimate negative and prejudicial attitudes towards refugees. In this article, I defend markets in refugee quotas against such criticisms. Given how many die each year, we are more than ever in need of creative solutions. Tradable quotas provide a promising mechanism to increase the number of refugees processed and protected, especially in regional schemes like the EU. Ethical objections such as the ones canvassed here should not stand in our way. (shrink)

Depuis la fin de la ségrégation raciale, l’Université de Berkeley cherche à rendre son mode de sélection des étudiants plus juste. En observant le passage d’un recrutement tout méritocratique à une prise en compte des identités ethniques et donc communautaires , puis à la centration sur les carrières individuelles dans leur globalité, on voit se transformer les catégories légitimes de lecture de la diversité sociale et, in fine, le mode politique et juridique de gestion de la diversité et de l’égalité.Since (...) the end of segregation, Berkeley University has been seeking fairer recruitment procedures. Three kinds of selection are distinguished : an all-merit based recruitment, a communautarian recruitment that takes into account different ethnic identities , and a holistic recruitment which primarily places emphasis on the individual’s overall career. This evolution enlightens the transformations of the legitimate categories permitting to read the social diversity, and, in the end, the political and legal mode of managing diversity and equality. (shrink)

The tradable refugee quota scheme constitutes one proposal for institutionalising the general right to asylum. The scheme allows states to purchase and sell quotas of refugees that are initially assigned to them through a collectivised status-determination process. In this paper I focus on examining the ethical dimensions of one particular component of the tradable refugee quota scheme: the market. I consider three objections against the quota trading practices: ‘the preference objection’, ‘the dignity objection’, and ‘the exploitation objection’. The first (...) objection suggests that the tradable quota scheme is problematic due to the fact that it fails to consider refugees’ desires regarding the final country in which asylum is provided. The second objection claims that the scheme demeans refugees and violates their dignity. The final objection claims that the scheme leads to the exploitation of weak countries. I argue that the objections fail to show that the tradable quota scheme is inherently problematic. I conclude that either the examined objections can be rejected or it is possible to address the concerns through specific institutional arrangements. (shrink)

Bradeen and McGregor with exemplary skill and patience re-examined the almost desperately worn front face of ATL ii List 26. They were able to prove that the lines of its prescript were precisely forty-seven letters long. This excludes the possibility of dating this list 430/29 or 428/7 B.C., since only six spaces are available for the first numeral. They rightly maintained that the ATL Lists 25 and 26 must be kept together, but unlike them I would challenge the ATL numbering (...) and order. I still think that this should be reversed. (shrink)

Building on the Norwegian case, this study examines the long-term implications of board gender quotas on the advancement of gender diversity in managerial leadership. Previous research has indicated that, aside from the board, the quota had limited impact on achieving this objective. However, these studies have narrowly focused on the spill-over effects of the quota, primarily concentrating on the positions of CEO and Chair. The findings of this study reveal contrasting effects of the board gender quota on the gender (...) composition of the board and the executive committee of the board. Consequently, Norwegian companies have increased the representation of women on their boards, as mandated by the law, while simultaneously experiencing a reduction in the presence of female executive directors. Moreover, the strength of both opposing effects has diminished over time. In addition to the board of directors, the quota has not influenced the promotion of gender diversity at other managerial levels. Furthermore, our study suggests that the quota has led to a decrease in the average tenure and level of independence of the boards, although it has not affected the qualifications of board members. (shrink)

China declared a long-term commitment at the United Nations General Assembly in 2020 to reduce CO2 emissions. This announcement has been described by Reuters as “the most important climate change commitment in years.” The allocation of China’s provincial CO2 emission quotas is crucial for building a unified national carbon market, which is an important policy tool necessary to achieve carbon emissions reduction. In the present research, we used historical quota data of China’s carbon emission trading policy pilot areas from (...) 2014 to 2017 to identify alternative features of corporate CO2 emissions and build a backpropagation neural network model to train the benchmark model. Later, we used the model to calculate the quotas for other regions, provided they implement the carbon emission trading policy. Finally, we added up the quotas to obtain the total national quota. Additionally, considering the perspective of carbon emission terminal, a new characteristic system of quota allocation was proposed in order to retrain BP including the following three aspects: enterprise production, household consumption, and regional environment. The results of the benchmark model and the new models were compared. This feature system not only builds a reasonable quota-related indicator framework but also perfectly matches China’s existing “bottom-up” total control quota approach. Compared with the previous literature, the present report proposes a quota allocation feature system closer to China’s policy and trains BP to obtain reasonable feature weights. The model is very important for the establishment of a unified national carbon emission trading market and the determination of regional quotas in China. (shrink)

Fish stocks, as common pool resources, are more and more managed by giving fishermen exclusive access rights as Individual Transferable Quotas (ITQ). These have been widely discussed, with focus on social, economic and ecological issues. While equity aspects have been of great concern, there is very limited analysis about how to assess issues of equity and fair distribution when introducing ITQs. This paper applies an existing framework for assessing equity in resource use systems to tradable quota systems in fisheries. (...) The framework defines the perspectives of distributive fairness, the stakeholders who are bound by fair practice rules, and instruments of fairness, and identifies metrics to assess equity in practice. We assess if the framework provides practical guidance for evaluating whether a given ITQ system operates under an equitable framework programme. (shrink)

Book Review Jörg Tremmel et al. : Youth Quotas and other Efficient Forms of Youth Participation in Ageing Societies. Cham: Springer. 188 pages. ISBN: 978-3-319-13430-7. Price: £90.00.

In this article, I put forward an instrumental justification for the introduction of youth quotas in parliaments on grounds of justice between coexisting generations. I provide a two-fold argument drawing on the distinction between “substantive representation” and “symbolic representation”. I argue that these jointly provide a good basis for a “politics of youth presence” in parliaments. In the first section, I evaluate the impact that youth quotas can have on enhancing the chances of fair youth policies. In the (...) second section, I show that youth quotas can play an important symbolic role in the promotion of a community of political equals, with potential implications for youth political participation. (shrink)

In recent years, the US and the EU have pursued markedly different agendas in the pursuit of board gender diversity. The EU has taken a more pro-active governmental approach of mandated quotas, whereas the US is relying largely on the endogenous mechanism of shareholder diversity proposals. Despite their obvious allure as a means of bringing about rapid change, evidence is mounting that board gender diversity quotas may yield various deleterious side effects; and quotas may not be as (...) successful in their core aim of promoting gender diversity as initial broad statistical measures indicate. In this paper we critique the expanding EU quota regime, and consider US shareholder proposals as an alternative change mechanism for improving gender diversity in corporate boards. As an alternative to quotas, diversity resolutions are often dismissed as ineffective because the vast majority fail to formally pass (with a failure rate close to 95%). However, on closer inspection, this ‘failure’ actually results in success. Contrary to the conventional ‘folk’ wisdom -- in the quest to promote gender diversity on corporate boards, the endogenous (US) mechanism of board diversity proposals has, to date, resulted in similar increases in gender diversity as the exogenous (EU) mechanism of government-mandated gender quotas. Furthermore, the former mechanism is more consistent with recent ‘third-wave’ feminist theory. We conclude with the policy recommendation that, rather than quotas, the EU should focus on removing the regulatory barriers that inhibit shareholder democracy. (shrink)

This article examines whether progress in women’s access to decision-making positions is best achieved through increased levels of development or targeted actions. Drawing on European data for the period 2006–2018, the article examines the association between how gender equal a country is and legislated measures such as board quotas with women’s representation on boards. The analysis then explores how this can be nuanced by differentiating between hard sanctions, soft sanctions and codes of governance. It shows that board quotas (...) cannot be relied upon as instruments of progress independently of a contextual environment that is more gender equal. Furthermore, board quotas with hard sanctions work best, followed by codes of governance, particularly when associated with higher gender equality. However, board quotas with soft sanctions are associated with results that are only marginally better than not having any measure in place. The article concludes that for further and faster progress to be made, introducing legislated board quotas shows great potential, though only in combination with striving for a gender equal society and using hard sanctions. The results call for organizations not to lose focus on ‘rights’ at the expense of the more palatable ‘business case’ for board quotas when striving for equality on corporate boards. (shrink)

In this article; I put forward an instrumental justification for the introduction of youth quotas in parliaments on grounds of justice between coexisting generations. I provide a two-fold argument drawing on the distinction between “substantive representation” and “symbolic representation”. I argue that these jointly provide a good basis for a “politics of youth presence” in parliaments. In the first section; I evaluate the impact that youth quotas can have on enhancing the chances of fair youth policies. In the (...) second section; I show that youth quotas can play an important symbolic role in the promotion of a community of political equals; with potential implications for youth political participation. (shrink)

In the aftermath of the “Arab Spring” and of crumbling state structures, an exodus of unknown proportion from the Near East and from Northern Africa has set in and was further exacerbated by civil war and ISIS terror rule over large territories in the Near East. As a consequence, thousands of refugees came to Europe. Many of them fulfilled the conditions for non-refoulement according to Article 33 of the Geneva Convention on the Law of Refugees of 1951 or were at (...) least entitled for temporary protection according to the Common European Asylum System. These instruments did not, however, take into consideration situations of mass influx and neither is there an efficient mechanism for burden sharing within the EU in place. Some countries where overwhelmed by these migration flows. In this contribution, particular attention will be given to the reactions to these developments by the Austrian government. In Austria, as a consequence of mounting pressure by considerable parts of the population demanding a halt to this migration, the government adopted or announced a series of measures that, if implemented, will constitute a blatant violation of international law. This holds true, in particular, for the so-called upper limit for asylum seekers. Legal academia in Austria in part was silent as to these events, in part sustained it after having been engaged for a legal. It is contended here that unilateralism may be effective in a short-time perspective, but the long-term consequences should not be overlooked. It would be better to work on a genuine international burden-sharing mechanism even though this approach is more difficult to sell to national constituencies. (shrink)