7
ETS 166 – European Convention on Nationality, 6.XI.1997
a
the rules of international law concerning diplomatic or consular protection by a State
Party in favour of one of its nationals who simultaneously possesses another nationality;
b
the application of the rules of private international law of each State Party in cases of
multiple nationality.
Chapter VI – State succession and nationality
Article 18 – Principles
1
In matters of nationality in cases of State succession, each State Party concerned shall respect
the principles of the rule of law, the rules concerning human rights and the principles
contained in Articles 4 and 5 of this Convention and in paragraph 2 of this article, in particular
in order to avoid statelessness.
2
In deciding on the granting or the retention of nationality in cases of State succession, each
State Party concerned shall take account in particular of:
3
a
the genuine and effective link of the person concerned with the State;
b
the habitual residence of the person concerned at the time of State succession;
c
the will of the person concerned;
d
the territorial origin of the person concerned.
Where the acquisition of nationality is subject to the loss of a foreign nationality, the provisions
of Article 16 of this Convention shall apply.
Article 19 – Settlement by international agreement
In cases of State succession, States Parties concerned shall endeavour to regulate matters
relating to nationality by agreement amongst themselves and, where applicable, in their
relationship with other States concerned. Such agreements shall respect the principles and
rules contained or referred to in this chapter.
Article 20 – Principles concerning non-nationals
1
2
Each State Party shall respect the following principles:
a
nationals of a predecessor State habitually resident in the territory over which
sovereignty is transferred to a successor State and who have not acquired its
nationality shall have the right to remain in that State;
b
persons referred to in sub-paragraph a shall enjoy equality of treatment with nationals of
the successor State in relation to social and economic rights.
Each State Party may exclude persons considered under paragraph 1 from employment in the
public service involving the exercise of sovereign powers.