Titlebook: Nationality of Foundlings; Avoiding Statelessne Mai Kaneko-Iwase Book 2021 The Editor(s) (if applicable) and The Author(s), under exclusive

礼节

会犯错误

细胞

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Introduction,nd’ in the territory. This chapter lays out the overall context including the fact that the number of ‘foundlings’ around the world is possibly increasing due to irregular migration, displacement, trafficking, armed conflicts, destruction of civil documentation systems and disease pandemics among ot

珍奇

Nationality, Statelessness, Family Relationships, Documentation and Foundlings,th the definition of being stateless vis-a-vis being a national, and reviews the international legal framework to address statelessness. The chapter also reviews the relationship between documentation and nationality, including how undocumented parentage (and birthplace) might lead to some persons f

exquisite

,Defining a ‘Foundling’,hat being ‘found’ on the territory is a condition that gives rise to the obligation of that State to grant nationality, and includes the situation where the person’s birth within the territory is indeed established. An examination is made on the travaux préparatoires of article 14 of the 1930 Hague

ALE

,Defining ‘Unknown-ness’ of Parentage,. This will be done through analysing the implementation of domestic foundling provisions based on legal precedents and other materials. Examination is made on more than 10 categories of persons (including orphaned or informally adopted children, children abandoned including in baby boxes or those b

不自然

Burden and Standard of Proof in Determining Unknown-ness of Parentage,lent domestic foundling provisions. Case law from several States including that of Japan offering the most detailed and inclusive guidance on this will be reviewed. In order to make the UNHCR’s guidance on burden and standard of proof in statelessness (and refugee) determination more usable in diffe

LIEN

,Age of a Foundling, and Being ‘Found’ in the Territory,the ordinary meanings of the term (equivalent to) ‘foundling’ in five different UN language versions of the 1961 Convention, and the terms adopted in domestic provisions. The chapter then compares the ‘age limitations’ imposed in 139 States’ foundling provisions and examines the actual implementatio

脊椎动物

,‘Proof to the Contrary’ and Conditions for Nationality Withdrawal,der the provision, and the conditions for the withdrawal of the nationality already acquired. The chapter analyses the travaux of the 1961 Convention, the structure or legal methods adopted in equivalent domestic provisions and the European Convention on Nationality in granting nationality to foundl