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Nationality of Foundlings - Avoiding Statelessness Among Children of Unknown Parents Under International Nationality Law (Hardcover, 1st ed. 2021)
Loot Price: R3,590
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Nationality of Foundlings - Avoiding Statelessness Among Children of Unknown Parents Under International Nationality Law (Hardcover, 1st ed. 2021)
Series: Evidence-Based Approaches to Peace and Conflict Studies, 5
Expected to ship within 10 - 15 working days
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This is the first book dedicated to clarifying the concept of
"foundlings" and how to best prevent their statelessness in light
of the object and purpose of Article 2 of the 1961 UN Convention on
the Reduction of Statelessness and equivalent nationality law
provisions. Among other features, the book defines the terms
"foundling," including the maximum age limit of the child to be
considered a "foundling"; "unknown parents"; being "found" in a
territory; and "proof to the contrary"; as well as the procedural
issues such as the appropriate burden and standard of proof. In
doing so, the book draws upon a comparative analysis of national
legislation on "foundlings" covering 193 states, case law, and
precedents in some states as well as international human rights law
norms including the best interests of the child. As its conclusion,
the book proposes an inclusive model "foundling provision" and a
commentary to inform legislative efforts and interpretation of the
existing provisions. Its findings are useful not only to state
parties to the 1961 Convention but also to non-state parties,
particularly in countries lacking systematic civil documentation or
experiencing the effects of armed conflicts, migration,
trafficking, and displacement.
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