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
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