Mai Kaneko-Iwase, Ph.D. (Law) development of international human rights law, are to be taken into consideration for the harmonised but evolutionary and inclusive interpretation of the 1961 Convention to best achieve its objective. III. BASIC DEFINITION OF ‘FOUNDLING’ Before making a detailed analysis of the maximum age of a foundling in the next section, we must start by first clarifying the basic definition of the term ‘foundling’. The following sub-sections focus on the general meaning of the term ‘foundling’. The issue of the maximum age is unavoidably touched upon, as the age of a foundling is an integral part of the foundling definition. A. Ordinary Meaning Article 31(1) of VCLT states ‘A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose (emphasis added).’ Courts and authorities often make an attempt at finding an ordinary meaning ‘by use of a dictionary or, particularly in technical areas, specialist books that define the term in issue.’69 It was thus decided to first refer to dictionaries, while keeping in mind that ‘the reference to “ordinary meaning” did not mandate a narrow dictionary approach’.70 The English term ‘foundling’ is defined in non-law dictionaries as ‘a baby that has been abandoned by its parents, often in a public place, and that has then been found by someone’71 or ‘an infant found after its unknown parents have abandoned it;’72 and ‘a young child who is left by its parents and then found and cared for by someone else.’73 The Black’s Law Dictionary also defines it as ‘A deserted or exposed infant; a child found without a parent or guardian, its relatives being unknown’.74 Thus, while there is no consistent definition within ordinary non-law and law dictionaries, especially in terms of the adjectives, i.e. ‘abandoned’ or ‘unknown parents’ and ‘left by its parents’ etc., the clear understanding is that the term ‘foundling’ has the element of being a child, and not an adult.75 B. Travaux Préparatoires The travaux are given particular importance as a non-exhaustive reference to supplementary means of interpretation under Article 32 of the VCLT. Nevertheless, in the accessible materials documenting the drafting process of both the 1930 Convention and the 1961 Convention, there was no particular discussion76 on the definition of a foundling per se. Rather, during the UN Conference on the Elimination or Reduction of Future Statelessness, Geneva, 1959, the main points of dispute concerned the legal technique for granting nationality to foundlings and what happens when a parent or birth abroad is discovered.77 69 Gardiner, Treaty Interpretation (n 15) 181. 70 Ibid. 71 Collins Dictionary <https://www.collinsdictionary.com/dictionary/english/foundling>. 72 Merriam Webster Dictionary <https://www.merriam-webster.com/dictionary/foundling>. 73 The Cambridge Dictionary <https://dictionary.cambridge.org/ja/dictionary/english/foundling>. 74 Black’s Law Dictionary Online, <https://thelawdictionary.org/foundling/>. 75 In this regard, it is notable that the Philippines’ Foundling Recognition and Protection Act (2022) is the only legislation known to the author which includes persons above 18 years of age in the concept of ‘foundling’. See Table 4. 76 For details, please refer to the dedicated section on the evolution of the foundling definition during the travaux in section 3.4 of Kaneko-Iwase, Nationality of Foundlings (n 2) 87-103. 77 Detailed in chapter 7 of ibid. 19 Robert Schuman Centre for Advanced Studies