granting of nationality. Japan cannot neglect taking measures within Japan in the expectation that other States would revise their laws.119 From the perspective of preventing statelessness, for example, it might be possible to introduce a new provision as Article 2(iv) of the Nationality Act: “a person born in Japan who does not acquire the nationality 120 of his or her father or mother’s country of nationality.”121 (2) Protection Under the current framework, there is no system for the protection of the rights of stateless persons. Therefore, from the perspective of protection of stateless persons, a system for statelessness determinations and protection should be introduced; and if an individual is recognized as a stateless person after an appropriate assessment in accordance with the definition in the 1954 Convention, he or she should be granted a residential status and a travel certificate. In each case above, the child was able to obtain a stable residential status thanks to the existence of a natural or adoptive parent. However, had the special adoption with a Japanese national not taken place in Case 2, the child might have become an irregular resident without any legal status. Upon recognition as a refugee, he or she is granted the status of “long-term resident”. Similarly, it would be desirable to have a system under which a stateless person is granted the status of “long-term resident” upon recognition as such. As an interim measure until a system is in place for statelessness determinations and protection, “He or she is without nationality”, for example, should be included under ICRRA Article 50(1) as a ground for granting special permission to stay,122 or at the least, “being 119 The number of signatories to the 1961 Convention, which requires States Parties to prevent statelessness, has also sharply increased in recent years, reaching 70 as of 21 September 2017. See https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=V-4&chapter=5&clang=_en. Also, the European Convention on Nationality, which was adopted by the Council of Europe in 1997, calls on States Parties to provide internal law for nationality under the principle that statelessness shall be avoided (Article 4b); however, states are allowed to choose how to grant nationality in its law (Article 6(2)a,b), and the legal obligation only applies to States Parties. Yasuhiro Okuda and Akiko Tateda, “The 1997 European Convention on Nationality”, Hokudai Hougakuronshuu [Hokkaido University Legal Studies Journal], 50(5), pp. 93-131, at http://eprints.lib.hokudai.ac.jp/dspace/bitstream/2115/14986/1/50(5)_p93-131.pdf. Moreover, the number of States Parties to the 1961 Convention requiring prevention of statelessness remains at 70 as of 21 September 2017. See https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=V-4&chapter=5&clang=_en. 120 This is meant to include cases where the child cannot acquire nationality nor confirm his or her nationality under the letter or implementation of the provisions of the nationality law, even though the parents do possess nationality. 121 In France, Italy, and Spain, “cases where the child does not acquire nationality according to the nationality act of the country of nationality of the parents are listed as cases where the child acquires nationality by complementary jus solis.” Okuda, supra note 33, p.136. 122 Article 50(1) of ICRRA provides that, even in case an individual is subject to deportation, the Minister of Justice “may grant… special permission to stay in Japan” if the Minister finds grounds to grant permission to stay; and 53

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