the State in whose territory he was born if he does not have the right to any other nationality. 3. No one shall be arbitrarily deprived of his nationality or of the right to change it.” The notable feature of this provision is that it refers to the obligation of the country of a person’s birth to grant nationality. In Europe, the European Convention on Nationality was adopted in 1997 and the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession was adopted in 2006.67 The 1997 Convention incorporates the basic right of nationality for all and prohibits arbitrary deprivation of nationality and change of marital status automatically affecting the nationality of either spouse (Article 4). It provides that states shall grant foundlings discovered on their territory the nationality of the state if they would otherwise become stateless and children shall acquire the nationality of the state of birth if s/he would otherwise become stateless (Article 6). It also has a provision to prevent statelessness when one loses nationality (Article 7). The 2006 Convention deals with nationality in state succession. It provides for facilitation of nationality procedures for those rendered stateless as a result of state succession, and obligatory granting of nationality based on jus soli to prevent statelessness at birth.68 Nationality as a human right (acquisition and maintenance) is the basic principle for preventing statelessness.69 On the other hand, improving the legal status of de facto stateless persons who often lack legal resident status is an urgent need. De jure stateless persons are in the same situation if they lack legal resident status. What is of importance here is the principle of non-discrimination, which constructs the main pillar of 67 Yasuhiro Okuda and Shoko Iida, “Yoroppa kokuseki joyaku (European Nationality Conventions) “in Okuda ed., Kokusaishihou Kokusekihou Kazokuhou Shiryousyu-gaikoku no rippo to joyaku (International Private Law, Nationality Act and Family Law: Collected Materials on Foreign Legislations and Treaties)(1997), pp.92-124; Mari Kawamura, Nanmin no Kokusaiteki Hogo (International Protection of Refugees) 2003 pp.177-201; Kozue Niwa and Iku Kobata trans.,”Kokkashoukei ni kanrennsuru mukokuseki no boushi ni kansuru yoroppahyougikaijouyaku oyobi setsumeihoukokusho (Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession and its Explanatory Report)”, Housei Ronsyuu (Nagaya University Law Journal), No.218 (2007), pp.267-83. 68 The ILC had attempted to codify the principles regarding the impact of state succession on nationality issues as a response to the spate of state successions in Eastern Europe. Based on recommendations from the ILC, the General Assembly adopted the 2000 Resolution on Nationality of Natural Persons in Relation to the Succession of States. UN Doc.A/Res/55/153, 30 January 2001. This declaration addresses the prevention of legal statelessness among nationals and habitual residents of predecessor states and children born after the succession. 69 As ILC Special Rapporteur Hudson pointed out more than half a century ago, merely assigning a nationality will not solve problems. “Purely formal solutions…. might reduce the number of stateless persons but not the number of unprotected persons. They might lead to a shifting from statelessness de jure to statelessness de facto.” Hudson, supra note 9, p.20. Attribution of an effective nationality, which ensures protection by a state, is essential. ・ ( ・ ) 29

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