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Filial Support Obligations under Singapore, United States, and Chinese Law: A Comparative Study
YU Lüxue
Frontiers of Law in China. 2019, 14 (2): 164-192.
https://doi.org/10.3868/s050-008-019-0010-0
The increase in aging populations is one of the most important issues facing the world today. This article considers how the legal systems in three jurisdictions — China, Singapore, and the United States — with different legal, political, and ethical regimes, impose and then enforce obligations on adult children to care for their parents. For Singapore, this article considers the content and operation of the Maintenance of Parents Act 1996 and the use of mediation and tribunals for the enforcement of its provisions. For the United States, where more than half the states have some forms of filial support legislation, this article mainly focuses on the experience in Pennsylvania and North and South Dakota and considers cases interpreting the legislation from these states; it also considers the interplay between the legislation and federal social security and healthcare programs. For China, this article mainly considers the obligations imposed by the Law of the People’s Republic of China on the Protection of the Rights and Interests of the Elderly (amended in 2009, 2012, 2015 and 2018) with examples of recent cases decided in 2017 and the encouragement given to children to support their parents through two agreements (the Separation of Family Assets and the Family Support Agreement) and increased inheritance rights under the Law of Succession 1985. China is unusual in imposing a legal obligation on children to visit their elderly parents, and the article considers recent cases on this. Through a comparative approach, this article also assesses the strengths and weaknesses of the approaches in each jurisdiction.
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Advancing Direct Corporate Accountability in International Human Rights Law: The Role of State-Owned Enterprises
MA Xili
Frontiers of Law in China. 2019, 14 (2): 231-273.
https://doi.org/10.3868/s050-008-019-0012-4
Resorting to the immensely state-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate. Among many proposals aiming at filling the international regulatory gaps, imposing international human rights obligations directly on corporations is a bold one, which, due to profound doctrinal and practical challenges, is yet to be materialized. However, state-owned enterprises (SOEs), given their prima facie “state–business nexus” that blurs the traditional public–private divide, might provide a renewed opportunity to push forward the “direct international corporate accountability” campaign. This study investigates whether SOEs represent a golden chance for direct corporate accountability in the international legal regime. This study provides a legal analysis supported by case law, and by comparative and empirical research when appropriate. After providing a definitional account of SOEs, it examines the legal status of SOEs under international law. Then, in the reverse direction, it proceeds to explore if the state–business nexus of SOEs as non-state actors could render the argument toward direct international corporation accountability more convincing. Major findings reveal that SOEs, to a limited extent, represent a renewed opportunity to rethink direct corporate accountability under international law.
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