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
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