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.”79 In the event of State succession, States may safeguard the nationality of affected people either through legislation, or though treaties with other relevant States.80 As a precautionary measure to prevent temporary loss of nationality in the period before legislation or treaties conferring nationality come into effect, States should presume that “persons concerned having their habitual residence in the territory affected by the succession of States acquire the nationality of the successor State on the date of such succession.”81 Underlying the requirement that States act to ensure that individuals retain nationality is the right of every individual who had the nationality of a predecessor State to a nationality of at least one of the States concerned. 82 The ILC lists the following criteria as relevant for the purpose of attributing nationality: habitual residence, appropriate legal connection with one of the constituent units of the predecessor State, or birth in the territory. It also includes a broad criterion of ‘any other appropriate connection to the territory’.83 The ILC intended the terminology of ‘appropriate connection’ to be wider than ‘genuine link’ in order to prevent statelessness in the event of State succession.84 The Draft Articles also provide that an individual’s wish plays a role where there at least two States to which the individual might be linked.85 The right of option for nationality of the predecessor of successor State is further extended to those who would not be encompassed by the ‘appropriate connection’ criteria, to opt for nationality, thereby reducing the risk that an individual would remain without a nationality. Applications In the political restructuring that can follow state succession, it is often the case that many people are at risk of losing their nationality, as they may be subject to different jurisdictions and administrative procedures.86 On such occasions, the inclusion of provisions in nationality legislation whereby the preference of individual is taken into consideration is useful to protect the right of nationality. One example of State succession where the ‘right of option’ was included in the legislation of the successor State was in the case of the dissolution of Czechoslovakia. The Czech Republic, at the time of dissolution, enacted legislation by which they granted nationality to all individuals 35

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