BOOK REVIEW
NATIONALITY OF FOUNDLINGS: AVOIDING
STATELESSNESS AMONG CHILDREN OF UNKNOWN
PARENTS UNDER INTERNATIONAL NATIONALITY LAW BY
MAI KANEKO-IWASE (SPRINGER 2021) 443 PAGES.
PRICE $149.99. ISBN 9789811630040
BETSY L FISHER*
Most states have some mechanism to convey nationality to at least some children
found in their territory who are of unknown parentage. Broad foundling provisions
are vital to ensure that children receive nationality and can access basic rights —
but there has been little scholarship on foundling legislation. It has primarily been
addressed in brief as part of broader legal surveys,1 in studies of specific states’
nationality schemes or stateless populations2 or in comparative regional studies.3
This left a gap in global comparative studies and in scholarship identifying best
practices in granting nationality to children of unknown parentage. The definition
of a foundling and consideration of how states ought to extend nationality to them
has not been the focus of extensive scholarship or interpretation prior to this
volume.
Mai Kaneko-Iwase, a scholar and United Nations High Commissioner for
Refugees (‘UNHCR’) legal expert on statelessness, fills this gap in her 2021
publication Nationality of Foundlings: Avoiding Statelessness among Children of
Unknown Parents under International Nationality Law (‘Nationality of
Foundlings’).4 The book compiles and analyses international law and state
practice through meticulous research, the review of the nationality legislation of
all 193 UN member states and a deeper review of case law from Japan, Italy, Spain
and other states. She then proposes policy solutions to minimise statelessness and
maximise child protection.
Most states’ nationality laws (139 out of 193 UN member states) have some
provision addressing the nationality of children of unknown parentage.5 Leading
international and regional instruments — most notably the 1961 Convention on
the Reduction of Statelessness (‘1961 Convention’) and the European Convention
*
1
2
3
4
5
Betsy L Fisher is a lawyer, a lecturer at the University of Michigan Law School and an
advocate with United Statelessness.
Gerard-René de Groot, ‘Children, Their Right to a Nationality and Child Statelessness’ in
Alice Edwards and Laura van Waas (eds), Nationality and Statelessness under International
Law (Cambridge University Press 2014) 144, 161–63.
Raymond A Atuguba, Francis Xavier Dery Tuokuu and Vitus Gbang, ‘Statelessness in West
Africa: An Assessment of Stateless Populations and Legal, Policy, and Administrative
Frameworks in Ghana’ (2020) 8(1) Journal on Migration and Human Security 14, 19–21.
Bronwen Manby, Citizenship Law in Africa (3rd edn, African Minds 2016).
Mai Kaneko-Iwase, Nationality of Foundlings: Avoiding Statelessness among Children of
Unknown Parents under International Nationality Law (Springer 2021).
ibid 11, 24.