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. 52

Select target paragraph3