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CETS 200 – Avoidance of statelessness in relation to State succession, 19.V.2006
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Article 1 – Definitions
For the purposes of this Convention:
a
“State succession” means the replacement of one State by another in the responsibility for the
international relations of territory;
b
“State concerned” means the predecessor State or the successor State, as the case may be;
c
“Statelessness” means the situation where a person is not considered as a national by any
State under the operation of its internal law;
d
“Habitual residence” means a stable factual residence;
e
“Person concerned” means every individual who, at the time of the State succession, had the
nationality of the predecessor State and who has or would become stateless as a result of the
State succession.
Article 2 – Right to a nationality
Everyone who, at the time of the State succession, had the nationality of the predecessor State and
who has or would become stateless as a result of the State succession has the right to the
nationality of a State concerned, in accordance with the following articles.
Article 3 – Prevention of statelessness
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 succession.
Article 4 – Non‐discrimination
When applying this Convention, States concerned shall not discriminate against any person
concerned on any ground such as sex, race, colour, language, religion, political or other opinion,
national or social origin, association with a national minority, property, birth or other status.
Article 5 – Responsibility of the successor State
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A successor State shall grant its nationality to persons who, at the time of the State succession, had
the nationality of the predecessor State, and who have or would become stateless as a result of the
State succession if at that time:
a
they were habitually resident in the territory which has become territory of the successor
State, or
b
they were not habitually resident in any State concerned but had an appropriate connection
with the successor State.