Preamble
The member States of the Council of Europe and the other States signatory to this
Convention,
Considering that the avoidance of statelessness is one of the main concerns of the
international community in the field of nationality;
Noting that State succession remains a major source of cases of statelessness;
Recognising that the European Convention on Nationality (ETS No. 166), opened for signature in Strasbourg on 6 November 1997, contains only
general principles and not specific rules on nationality in case of State succession;
Bearing in mind that, with regard to statelessness in relation to State succession,
other international instruments either do not have a binding character or do not address
some important issues;
Convinced that for the reasons above there is a need for a comprehensive international
instrument on State succession and the avoidance of statelessness which should be
interpreted and applied, bearing in mind the principles of the European Convention on Nationality;
Taking into account Recommendation No. R (99) 18 of the Committee of Ministers on
the Avoidance and Reduction of Statelessness, as well as the practical experience
gained in recent years with regard to State succession and statelessness;
Having regard to other binding international instruments, namely the United Nations
Conventions relating to the Status of Stateless Persons and on the Reduction of Statelessness,
and the Vienna Conventions on Succession of States in respect of Treaties and on Succession of States in respect of State Property, Archives and Debts;
Having also regard to the draft articles on nationality of natural persons in relation
to the succession of States, prepared by the United Nations International Law Commission,
contained in the Annex to the United Nations General Assembly Resolution 55/153 of
2001 as well as the Declaration of the European Commission for Democracy through Law
(Venice Commission) on the Consequences of State Succession for the Nationality of
Natural Persons;
Building upon, but without prejudice to, the general principles established in the
international instruments and documents mentioned above, by adding specific rules
applicable to the particular situation of statelessness in relation to State succession;
In order to give effect to the principles established in the European Convention on Nationality that everyone has the right to a nationality and that the rule of law and human rights,
including the prohibition of arbitrary deprivation of nationality and the principle
of non-discrimination, must be respected in order to avoid statelessness,