Every individual who, on the date of the succession of States, had the nationality of the predecessor State, irrespective of the mode of acquisition of that nationality, has the right to the nationality of at least one of the States concerned. Subject to the provisions of the present draft articles, persons concerned having their habitual residence in the territory affected by the succession of States are presumed to acquire the nationality of the successor State on the date of such succession. (Article 5) Further articles provide that states must take “all appropriate measures” to prevent statelessness arising from state succession (Article 4), and that persons shall not be denied the right to retain or acquire a nationality through discrimination “on any ground” (Article 15). The assumption outlined by the ILC Draft Articles is that the nationality of a successor state will be attributed to persons on the basis of habitual residence in that state. But in addition, states “shall give consideration to the will of persons concerned whenever those persons are qualified to acquire the nationality of two or more States concerned.” In particular, a state shall grant a right to opt for its nationality to persons who have an “appropriate connection” with that state—especially, but not only, if they would otherwise be stateless (Articles 23 and 26). An “appropriate connection” can mean habitual residence, a legal connection with one of the constituent units of the predecessor state (this refers primarily to membership of one of the units of a former federal state that is being split up), or birth in the territory of a state concerned .341 State succession has been provided for with more binding force within the Council of Europe system. The 1997 European Convention on nationality provides that: 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: 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.342 In 2006, the Council of Europe supplemented this provision with a specific Convention on the Avoidance of Statelessness in Relation to State Succession that elaborates on these rules, again based on the principle that everyone who had the nationality of the predecessor state should have the right to nationality of one or another of the successor states if they would otherwise become stateless.343 It creates specific obligations for predecessor and successor states, prohibiting the predecessor state from withdrawing nationality if the person would become stateless, and requiring that: A successor State shall grant its nationality to persons who, at the time of the State succession, had the nationality of the predecessor State, and who have or would become stateless as a result of the State succession if at that time: (a) they were habitually resident in the territory which has become territory of the successor State, or (b) they were not habitually resident in any State concerned but had an appropriate connection with the successor State. “Appropriate connection” is then defined, broadly following the ILC Articles, to include: (a) a legal bond to a territorial unit of a predecessor State which has become territory of the successor State; (b) birth on the territory which has become territory of the successor State; (c) last habitual residence on the territory of the predecessor State which has become territory of the successor State.344 The Protocol to the African Charter on Human and Peoples’ Rights on the Right to a nationality adopted in 2024 includes an article on state succession that broadly follows these principles. Many of the cases referenced in this Guide have concerned the attribution of nationality on state succession, and the 341 Ibid. Paragraph 10 of the Commentary on Article 11. 342 European Convention on Nationality, 1997, art. 18. Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession, art. 2—Right to a Nationality. “Everyone who, at the time of the State succession, had the nationality of the predecessor State and who has or would become stateless as a result of the State succession has the right to the nationality of a State concerned in accordance with the [provisions of the treaty].” See also the Declaration on the Consequences of State Succession for the Nationality of Natural Persons (the Venice Declaration), adopted in 1980. 343 344 Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession, art. 18. U N H C R | L I T I G AT I N G T H E R I G H T T O A N AT I O N A L I T Y: A G U I D E F O R P R AC T I T I O N E R S 79