– all States concerned should take appropriate measures so that persons who,
on the date of the succession of States, had the nationality of the predecessor
state do not become stateless as a result of the succession;
– a person whose habitual residence was located in the territory affected by the
succession is presumed to acquire the nationality of the successor State
on the date of the succession;
– a successor State should not attribute its nationality to persons whose
habitual residence was in another State against the will of the persons concerned
unless they would otherwise become stateless;
– States concerned should consider the will of persons concerned whenever
those persons are qualified to acquire the nationality of two or more States.
Each concerned State shall grant the right to opt for nationality of that
State to persons who have appropriate connections with that State if
those persons would otherwise become stateless;
– States concerned shall not deny concerned persons the right to retain or acquire a nationality or the right of option to a nationality through discrimination on
any ground.
•
The European Convention on Nationality and the Draft Protocol on the
Avoidance of Statelessness in relation to State Succession incorporate the
provisions found in the 1961 Convention and many of the principles contained
in the ILC draft articles. The European Convention devotes a whole chapter
to State Succession and Nationality, highlighting four main principles:
– the genuine and effective link between the person concerned and the State;
– the habitual residence of the person concerned at the time of succession;
– the will of the person concerned; and
– the territorial origin of the person concerned.
In addition, the European Convention on Nationality stipulates that non-nationals
of a predecessor State who are habitually resident in the territory over which
sovereignty is transferred to a successor State, and who have not acquired
the nationality of the successor State, should have the right to remain in that
State and enjoy the same social and economic rights as nationals.
•
The Draft Protocol on the Avoidance of Statelessness in relation to State
Succession developed specific rules of proof (Article 8) concerning nationality
in cases of State succession:
“A successor State shall not insist on its standard requirements of proof
necessary for the granting of its nationality where it concerns persons who
have or would become stateless as a result of State succession and where
it is not reasonable for such persons to meet the standard requirements.
A successor State shall not require proof of non-acquisition of another nationality
before granting its nationality to persons who were habitually resident on its
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents