Table of Contents
ABSTRACT
5
INTRODUCTION
8
II. APPLYING THE RULE OF TREATY INTERPRETATION TO ARTICLE
2 OF THE 1961 CONVENTION
10
A. Evolutionary and Teleological Interpretation of the 1961 Convention
10
B. Legislation and Legal Precedents of State Parties as Supplementary Means
of Interpretation
12
C. Relevance of Practice of Non-State Parties - Nationality Granted to
Foundlings as Customary International Law
12
Table 1: UN Member States that are Parties/Non-State Parties to the 1961
Convention with Foundling Provisions(as of 13 December 2024)
13
Table 2: Foundling Provisions of UN Member States by Region
16
D. Reference to Other Treaties including CRC
16
E. Reference to Soft Law Standards
17
F. Conclusions of Section II: Need for evolutionary and teleological interpretation 18
III. BASIC DEFINITION OF ‘FOUNDLING’
19
A. Ordinary Meaning
19
B. Travaux Préparatoires
19
C. Evolution - From Article 14 of the 1930 Convention to Article 2 of the
1961 Convention
20
D. Equivalents of ‘Foundling’ in Other UN Language Versions of the 1961
Convention
21
E. English Language Nationality Laws - Rarely Use ‘Foundling’
21
F. Nationality Laws of 142 States Often Use Child of Unknown Parents
22
G. Categories of Cases Recognised as Foundlings
22