concerned on the question of the nationality of persons concerned following the succession. Since such persons run the risk of being treated as stateless during this period, the Commission feels it important to state, as a presumption, the principle that, on the date of the succession of States, the successor State attributes its nationality to persons concerned who are habitual residents of the territory affected by such succession. The presumption stated in article 5 also underlies basic solutions envisaged in Part II [of the draft articles] for different types of succession of States. (2) This is, however, a rebuttable presumption […] […] (4) As regards the criterion on which this presumption relies, it derives from the application of the principle of effective nationality to the specific case of the succession of States. As Rezek has stressed, “the juridical relationship of nationality should not be based on formality or artifice, but on a real connection between the individual and the State”. Habitual residence is the test that has most often been used in practice for defining the basic body of nationals of the successor State, even if it was not the only one. This is explained by the fact that the population has a “territorial” or local status, and this is unaffected whether there is a universal or partial successor and whether there is a cession, i.e., a “transfer” of sovereignty, or a relinquishment by one State followed by a disposition by international authority. Also, in the view of experts of UNHCR, “there is substantial connection with the territory concerned through residence itself”.184 The different types of succession of States for which solutions are provided in the draft Articles are: (i) when part of the territory of a State is transferred by that State to another State; (ii) when two States unite; (iii) when a State dissolves and ceases to exist and the various parts of the territory of the predecessor State form two or more successor States. Specifically, the draft Articles provide: Article 20 Attribution of the nationality of the successor State and withdrawal of the nationality of the predecessor State When part of the territory of a State is transferred by that State to another State, the successor State shall attribute its nationality to the persons concerned who have their habitual residence in the transferred territory and the predecessor State shall withdraw its nationality from such persons, unless otherwise indicated by the exercise of the right of option which such persons shall be granted. The predecessor State shall not, however, withdraw its nationality before such persons acquire the nationality of the successor State. Article 21 Attribution of the nationality of the successor State Subject to the provisions of article 8,185 when two or more States unite and so form one successor State, irrespective of whether the successor State is a new State or whether its personality is identical to that of one of the States which have united, the successor State shall attribute its nationality to all persons who, on the date of the succession of States, had the nationality of a predecessor State. 184 185 International Law Commission, “Report of the International Law Commission on the work of its fifty-first session”, A/54/10, 1999, pp. 28 - 29. Article 8 provides: “1. A successor State does not have the obligation to attribute its nationality to persons concerned who have their habitual residence in another State and also have the nationality of that or any other State. 2. A successor State shall not attribute its nationality to persons concerned who have their habitual residence in another State against the will of the persons concerned unless they would otherwise become stateless.” 56