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Nationality of Foundlings

Nationality of Foundlings PDF Author: Mai Kaneko-Iwase
Publisher: Springer Nature
ISBN: 9811630054
Category : Law
Languages : en
Pages : 462

Book Description
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.

Nationality of Foundlings

Nationality of Foundlings PDF Author: Mai Kaneko-Iwase
Publisher: Springer Nature
ISBN: 9811630054
Category : Law
Languages : en
Pages : 462

Book Description
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.

Nationality and Statelessness under International Law

Nationality and Statelessness under International Law PDF Author: Alice Edwards
Publisher: Cambridge University Press
ISBN: 110703244X
Category : Law
Languages : en
Pages : 325

Book Description
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

The Palgrave Handbook of Democracy, Governance and Justice in Africa

The Palgrave Handbook of Democracy, Governance and Justice in Africa PDF Author: Aderomola Adeola
Publisher: Springer Nature
ISBN: 3030740145
Category : Political Science
Languages : en
Pages : 384

Book Description
There is an emerging consensus that what is projected as democratic governance and justice in Africa requires a re-calibration, in particular, in relation to the constitutive demos, human rights, the realisation of commitments at various governance levels and the convergence between these ideations. The post-colonial narrative on democracy has unveiled some crevices in rule of law, political equality, political participation, political culture and freedom of the press. Aside from the fact that these notions are threatened by some existing institutional structures, these notions are increasingly being negotiated across political spaces. Evident in the prevalent narrative is an imperative for Africa to assert its place on the global scene of democratic governance and justice. However, if this will be accomplished, it is important to understand some of the issues that need to be worked through in this transition.

Safeguarding Against Statelessness at Birth

Safeguarding Against Statelessness at Birth PDF Author: Rodziana Mohamed Razali
Publisher: Springer Nature
ISBN: 9811953716
Category : Law
Languages : en
Pages : 286

Book Description
This book covers the essential aspects of prevention of childhood statelessness focusing on norms governing the subject through the rights to acquire a nationality and to birth registration, two vital safeguards to prevent statelessness among children. Its unique feature lies in its exposition of the international legal norms focusing on prevention of childhood statelessness and systematic analyses of domestic legal frameworks on nationality and birth registration of the 10 ASEAN Member States. This book is designed for a wide range of readers comprising academics, advocates, students, policy makers, and other stakeholders working on statelessness affecting children, especially in Southeast Asia.

Supplement to the American Journal of International Law

Supplement to the American Journal of International Law PDF Author:
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 828

Book Description


Rights and Duties of Dual Nationals

Rights and Duties of Dual Nationals PDF Author: David A. Martin
Publisher: BRILL
ISBN: 9047403185
Category : Law
Languages : en
Pages : 409

Book Description
The increased emergence of dual and multiple nationality in our globalized world has recently led to public and scholarly debates on a number of resulting practical questions. This book comprehensively evaluates the legal status of dual nationals on the basis of a comparative analysis, with emphasis on practice and law in the United States of America, the Federal Republic of Germany, Turkey and other selected countries, comprising contributions of both academics and practitioners. Among the legal subjects examined more intensively are the exercise of political rights by dual nationals, including voting and office holding, performance of military service, loss and withdrawal of citizenship, and effects of dual nationality on judicial cooperation, as well as aspects of private international law. The authors pay attention to developmental trends and legal changes in various countries, and also to the philosophical and theoretical perspectives underlying various practices. Specific recommendations for states dealing with dual nationality complete the investigation.

Publications

Publications PDF Author: League of Nations
Publisher:
ISBN:
Category :
Languages : en
Pages : 740

Book Description


League of Nations Publications

League of Nations Publications PDF Author:
Publisher:
ISBN:
Category : International agencies
Languages : en
Pages : 764

Book Description


Committee of Experts for the Progressive Codification of International Law

Committee of Experts for the Progressive Codification of International Law PDF Author: League of Nations
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 210

Book Description


Orphans and Destitute Children in the Late Ottoman Empire

Orphans and Destitute Children in the Late Ottoman Empire PDF Author: Nazan Maksudyan
Publisher: Syracuse University Press
ISBN: 0815652976
Category : History
Languages : en
Pages : 254

Book Description
History books often weave tales of rising and falling empires, royal dynasties, and wars among powerful nations. Here, Maksudyan succeeds in making those who are farthest removed from power the lead actors in this history. Focusing on orphans and destitute youth of the late Ottoman Empire, the author gives voice to those children who have long been neglected. Their experiences and perspectives shed new light on many significant developments of the late Ottoman period, providing an alternative narrative that recognizes children as historical agents. Maksudyan takes the reader from the intimate world of infant foundlings to the larger international context of missionary orphanages, all while focusing on Ottoman modernization, urbanization, citizenship, and the maintenance of order and security. Drawing upon archival records, she explores the ways in which the treatment of orphans intersected with welfare, labor, and state building in the Empire. Throughout the book, Maksudyan does not lose sight of her lead actors, and the influence of the children is always present if we simply listen and notice carefully as Maksudyan so convincingly argues.