Chapter 1. Introduction statelessness, which obliges states to “take all appropriate measures to prevent persons who, on the date of the succession of states, had the nationality of the predecessor state from becoming stateless as a result of such succession”. Also, relevant is that “states shall not deny persons concerned the right to retain or acquire a nationality or the right of option upon the succession of states by discriminating on any ground”.228 It has been held that these Draft Articles very much rely on the principle of “effective nationality”229 to determine obligations on states in nationality matters and “utilize a mix of criteria for states to use in determining effective nationality, emphasizing domicile as the predominant criterion (…)”.230 As such, they aim not only to ensure that every person who had a nationality before state succession has a nationality after occurrence of this event, but also has a nationality that corresponds with the factual ties between a person and a state. The Draft Articles are not legally binding on states, but with regard to state succession they “provide the most authoritative guidance on the accepted norms of international law in this area”.231 1.5.2. OTHER R EGIONAL INSTRUMENTS (1969–2018) A number of other regional cooperation mechanisms, similar to those in Europe that are considered in more depth in this study, have introduced legal norms on (the right to a) nationality and the reduction of statelessness. This paragraph looks at the norms that relate to the prevention of and solutions to statelessness of these regional organizations. Below, the legal instruments introduced on these matters in the African and American regions are considered in particular, due to their similarity to the European region in terms of (the status of) legal instruments and supervisory mechanisms. In the context of the Organization of American States (OAS), the American Convention of Human Rights (ACHR)232 was adopted in 1969. Unlike its European ‘sister’, the ACHR includes a right to a nationality in quite an extensive form. According to Article 20 of this treaty: (1) Every person has the right to a nationality. (2) Every person has the right to the nationality of 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 the right to change it. 228 229 230 231 232 Art 15 1999 ILC Draft Articles. Th is refers to the principle of effective nationality as enunciated in the Nottebohm case, in which the ICJ considered whether the legal status of national was in line with existing factual ties between an individual and the state. See also para 1.4.2 above. Jeff rey L Blackman, ‘State Succession and Statelessness: The Emerging Right to an Effective Nationality Under International Law’ (1998) 19 Michigan Journal of International Law 1141, 1170. Bronwen Manby, Citizenship in Africa. The Law of Belonging (Wolf Legal Publishers 2015) 38. American Convention on Human Rights – ‘Pact of San José’ (adopted 22 November 1969, entered into force 18 July 1978) OAS Treaty Series No 36 (ACHR). Intersentia 43