4.3.1.3 FOUNDLINGS Article 2 of the 1961 Convention provides, “A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents possessing the nationality of that State.” It has been argued that this rule has become an international customary norm and it surely has been reiterated in other international and regional conventions.184 At a minimum, the safeguard for Contracting States to grant nationality to foundlings is to apply to all young children who are not yet able to communicate accurately information pertaining to the identity of their parents or their place of birth. This flows from the object and purpose of the 1961 Convention and also from the right of every child to acquire a nationality. A contrary interpretation would leave some children stateless.”185 Foundlings in Norway are entitled to Norwegian nationality, unless and until it is established that the child is the national of another state, as provided by Article 4(2) of the Nationality Act. Neither the statute nor the relevant guideline articulates an age limit.186 The Norwegian law and practice in this regard thus provide a strong safeguard against statelessness for foundlings and are in compliance with Article 2 of the 1961 Convention. Norway is to be commended for its provisions in law granting nationality to foundlings. 4.3.1.4 BIRTH ON A SHIP OR AIRCRAFT Article 3 of the 1961 Convention provides that a “birth on a ship or in an aircraft shall be deemed to have taken place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered, as the case may be.” The provision should be interpreted as referring to all vessels registered in the state. In addition, the provision applies equally to ships that are within the territorial water or a harbor of another state and as well to an aircraft at an airport of another state.187 No provision governing births on a ship or aircraft exists in the Norwegian Nationality Act. However, it appears that Norway’s law provides for general jurisdiction on her sailing vessels, such that a birth aboard a Norwegian-flagged ship will be deemed to have occurred in the Norwegian territory. Norwegian law is thus compliant with Article 3 of the 1961 Convention with regard to births aboard a ship. There is no analogous domestic provision applicable to aircraft. Norway’s civil aviation authority has indicated that relevant international conventions would govern such a case. It is assumed that Norway would interpret its own laws in accordance with Article 3 of the 1961 Convention and thus deem a birth aboard a Norwegian aircraft as having occurred on Norwegian territory, although it is possible that there may be a gap in Norwegian law with respect to such births. 4.3.2 Avoidance of statelessness in the context of renunciation, loss, or deprivation of nationality Articles 7, 8, and 9 of the 1961 Convention contain detailed provisions governing the loss, renunciation, and deprivation of nationality. Article 7(1) generally prevents states parties from permitting renunciation of nationality “unless the person concerned possesses or acquires another nationality.” Article 7(2) contains a similar safeguard against statelessness applicable in situations where the person concerned is seeking naturalization in a foreign country. Article 7(3) establishes safeguards against statelessness for nationals abroad. In addition, Article 7(6) prohibits automatic loss of nationality if it would render the person stateless, with certain enumerated exceptions. 46 184 Waas, L.V., Nationality Matters, pp. 70-71 and 90. 185 UNHCR Guidelines on Statelessness No. 4, para. 58. 186 Article 4(2) of the Nationality Act. UDI Information on the Citizenship Act with Regulations, para. 6.3.1. 187 UNHCR Guidelines on Statelessness No. 4, paras. 62 and 63. M A P P I N G STAT E L E S S N E S S I N N O RWAY