2019
Statelessness & Citizenship Review
1(1)
More specifically, there are two European instruments, which incorporate an
obligation for ratifying states to grant their nationality to persons who would
become stateless as a result of a state succession. 73 In general, the right to
nationality in those instruments functions more broadly as it not only applies to
children but to all persons that at the time of the succession had the nationality of
the predecessor state and where state succession would otherwise render them
stateless. 74 In 1999, the ILC adopted the Articles on Nationality of Natural
Persons in Relation to Succession of States (‘Articles on Nationality’), which also
set out rules for the attribution of nationality in the context of state succession. 75
However, those Articles on Nationality are not of a binding nature. 76 Also in the
case of state succession, scholar Francesco Costamagna writes that
the main concern of these documents is not to reassert the existence of a universal
right to have a nationality, but simply to avoid that individuals might end up losing
their nationality because of a change of sovereignty. 77
To conclude, a more in-depth analysis on a so-called human right to nationality
seems redundant since it is not considered to have acquired customary nature
(yet). 78
People without the nationality of any state in the world might enjoy protection
under the 1954 Convention and the 1961 Convention. Especially with regard to
disappearing island states, it is important to determine if displaced island
populations would fall under the protection regime of the Conventions on
Statelessness. The next Part will therefore analyse whether the population of
disappearing island states would be considered as stateless under art 1 of the 1954
Convention.
V
LOSS OF NATIONALITY ON THE EXAMPLE OF DISAPPEARING ISLAND STATES
In Part II, the possibility of losing citizenship through state action was already
touched upon. Such state action is usually called ‘denationalisation’ or
‘withdrawal of citizenship’. However, the threat of losing a once possessed
nationality does not solely lie in the sphere of a state, eg their nationality laws and
corresponding government measures. Thus, statelessness may not only occur
through arbitrary deprivation of nationality. 79 Looking ahead, it is already possible
to identify instances where a state would not deprive its citizens of citizenship
voluntarily. Scientific prognoses on climate change show that several low-lying
island states — such as the Maldives or the smaller Kiribati and Tuvalu islands —
73
74
75
76
77
78
79
ibid; Council of Europe Convention on the Avoidance of Statelessness in Relation to State
Succession, opened for signature 19 May 2006, ETS 200 (entered into force 1 May 2009)
(‘Convention on the Avoidance of Statelessness in Relation to State Succession’).
See, eg, Convention on the Avoidance of Statelessness in Relation to State Succession (n 73)
art 2. Note, however, that according to art 5, some connection to the territory of the new state
will be required to obtain citizenship.
International Law Commission, Report on its work of its fifty-first session, UN GAOR, 54th
sess, Supp No 10, UN Doc A/54/10 (3 September 1999).
Dörr (n 64) [9].
Francesco Costamagna, ‘Statelessness in the Context of State Succession — An Appraisal
under International Law’ in Serena Forlati and Alessandra Annoni (eds), The Changing Role
of Nationality in International Law (Routledge 2013) 37, 42.
Dörr (n 64) [9]; Edwards (n 16) 24. See also Blackman (n 66) 1176; McAdam, Climate
Change, Forced Migration (n 29) 139; Belton (n 36) 227.
Cf Foster and Lambert (n 22) 567.
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