stateless or her country of nationality adopts a strict jus soli principle). However, these
statistics indeed give some indications.
4. Solutions for Category E
(1) Prevention
From a prevention point of view, it is necessary to have changes in legislation and
implementation of the current law which take into account, as a priority, the principles to
avoid statelessness and to ensure legal certainty with regard to nationality, which are
fundamental values unique to nationality law.184 Article 5(1) of the 1961 Convention on
the Reduction of Statelessness provides that loss of nationality as a consequence of any
change in the personal status of a person, such as marriage, termination of marriage,
legitimation, recognition, or adoption, shall be conditional upon the possession or
acquisition of another nationality. Such a “change in personal status” includes situations,
e.g., where the family relationship which constituted the basis of a child’s acquisition of
nationality was registered erroneously.185 Thus, a new legal provision should be created
or the current law should be implemented such that the change in a person’s legal descent
from a father or mother of Japanese nationality will not result in the him or her losing his
or her Japanese nationality if such a loss consequently leads to statelessness.
Furthermore, even if it does not lead to statelessness, the loss of nationality should be
subject to certain restrictions. While there may be room for discussions as to what should
be the point in time beyond which the loss is restricted, it is reasonable to prevent a loss
of nationality at the least after a person has reached the age of majority. (To make the
age of majority, 20 years of age, the time limit in legislation is consistent with the fact
that acquisition of Japanese nationality under Article 3 of the Nationality Act is limited
to persons less than 20 years of age. Restricting nationality “loss”186 for adults is also
consistent with laws of many other States.) 187 Alternatively, if the avoidance of a
184
See the Supreme Court judgment on 22 November 2002, supra note 168. (“The call for prevention
of uncertainty making it desirable for nationality acquisition to be decided as definitely as possible…”)
185
See Arakaki, supra note 2, p.58.
186 This kind of loss of nationality which is not specified by law is called “quasi-loss”, and it has been
discussed internationally in recent years. That it should not lead to statelessness goes without saying;
the retention of nationality should be continued in accordance with the principle of the prohibition of
arbitrary deprivations of nationality, legitimate expectations, and the principle of proportionality. At the
least, the loss should not be given a retroactive effect. Gerard-René de Groot and Patrick Wautelet,
Chapter 4, “Reflections on quasi-loss of nationality from comparative, international and European
perspectives”, in Sergio Carrera Nuñez and Gerard-René de Groot eds., European Citizenship at the
Crossroads: The Role of the European Union on Loss and Acquisition of Nationality (Wolf Legal Publishers,
2015).
187
According to the European Convention on Nationality Article 7(1)(f) as well, a person’s nationality is
not lost after reaching majority (18 years of age in many countries) even in cases where the
preconditions for the automatic acquisition of nationality are no longer fulfilled. This is reflected in the
internal law of many Contracting States. (Some countries designate a period even shorter than 18 years.)
87
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents