is necessary to research firstly the provisions of the laws of the relevant State, secondly to
research the practice of how these laws are operated, and then to clarify whether such
persons possess the nationality of the new State and the former State before
independence.134
• Eastern European countries (gaining independence from the former Soviet Union)
• Georgia (gaining independence from the former Soviet Union)
• East Timor (gaining independence from the Republic of Indonesia)
• Serbia (gaining independence from the Federal Republic of Yugoslavia)
• Montenegro (gaining independence from Serbia)
• Republic of Kosovo (gaining independence from Serbia)
• Republic of South Sudan (gaining independence from Republic of the Sudan)
(2) Possible size of Category B
With the recent destabilization of international affairs, one cannot deny the possibility
that there may be a new collapse of States in the future; in such a case, there will be even
more relevant countries and regions included in this category.
There are 460 “total number of foreign residents” in Japan with the nationality of the six
States starting with Georgia in the list above. In addition, there are 448 foreign residents
with the nationalities of Eastern European States that became independent from the
former Soviet Union (Lithuania, Latvia, Estonia, Ukraine, Azerbaijan, Armenia, Kazakhstan,
Belarus, and Moldova).135
5. Solutions for Category B
(1) Prevention
In order to prevent statelessness arising from division or collapse of a State, one must be
able to either maintain the nationality of the predecessor State or to newly acquire the
nationality of the successor State. However, there has not been global agreement with
regard to the prevention of statelessness arising from State succession, and it is probably
not possible to completely prevent statelessness accompanying State succession.136
134
By July 2016, Japan has recognized as States all the countries listed here which have become
independent since around 1990.
135
Total number of foreign national residents in “Statistics on Foreign National Residents” (December
2016), supra note 42.
136
In 2006, the “Council of Europe Convention on the Avoidance of Statelessness in relation to State
Succession” was adopted with a provision for prevention of statelessness. It provides that the State
concerned shall take all appropriate measures to prevent persons, who at the time of the State
succession had the nationality of the predecessor State, from becoming stateless as a result of the
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