–– by descent, should the individual be unable to acquire nationality of the Contracting State in whose territory he/she was born due to age or residency requirements (this may be subject to one or more of the following: a fixed period in which the application may be lodged, specified residency requirements, and/or that the person has always been stateless); –– to foundlings found in the territory of a Contracting State; –– at birth, by operation of law, to a person born elsewhere if the nationality of one of the parents at the time of birth was that of the Contracting State; and –– upon application, as prescribed by national law, to a person born elsewhere if the nationality of one of the parents at the time of the birth was that of the Contracting State (the application may be subject to one or more of the following: a fixed period in which the application may be lodged, specific residency requirements, no conviction of an offence against national security, and/or that the person has always been stateless). • States use elements of both jus soli and jus sanguinis in their citizenship legislation for determining the State’s initial body of citizens and how citizenship is granted at birth. Those States that do not accept dual citizenship should ensure that, by a certain age, an individual or the individual’s parents have the option to choose one nationality. Conflict of laws linked to renunciation Some States have nationality laws that allow individuals to renounce their nationality without having first acquired, or been guaranteed the acquisition of, another nationality. This often results in statelessness. Conflicts of law on this issue may arise when one State will not allow renunciation of nationality until the individual has first acquired another nationality, while the other State involved will not grant its nationality until the individual has first renounced their original nationality. Sometimes an individual may be required to renounce a citizenship elsewhere before they can apply for citizenship where they reside, thus rendering the individual stateless until the new citizenship is granted. To avoid this problem: • According to the 1961 Convention, loss or renunciation of nationality should be conditional upon the prior possession or assurance of acquiring another nationality. • Citizenship legislation should provide that no citizen can renounce their citizenship without acquiring another citizenship or receiving formal and written assurances by the relevant authorities that they will acquire another citizenship. • The 1961 Convention allows for an exception under which loss of nationality may occur even if it results in statelessness in the case of naturalized persons who, despite notification of formalities and time limits, reside abroad for a fixed number of years and fail to express an intention to retain nationality. A naturalized person, in this instance, is a person who has acquired nationality upon applying to the Contracting State concerned, and that Contracting State could have refused the application. Loss of nationality may only take place in accordance with law and accompanied by full procedural guarantees, such as the right to a fair hearing by a court or other independent body. 35