– all States concerned should take appropriate measures so that persons who, on the date of the succession of States, had the nationality of the predecessor state do not become stateless as a result of the succession; – a person whose habitual residence was located in the territory affected by the succession is presumed to acquire the nationality of the successor State on the date of the succession; – a successor State should not attribute its nationality to persons whose habitual residence was in another State against the will of the persons concerned unless they would otherwise become stateless; – States concerned should consider the will of persons concerned whenever those persons are qualified to acquire the nationality of two or more States. Each concerned State shall grant the right to opt for nationality of that State to persons who have appropriate connections with that State if those persons would otherwise become stateless; – States concerned shall not deny concerned persons the right to retain or acquire a nationality or the right of option to a nationality through discrimination on any ground. • The European Convention on Nationality and the Draft Protocol on the Avoidance of Statelessness in relation to State Succession incorporate the provisions found in the 1961 Convention and many of the principles contained in the ILC draft articles. The European Convention devotes a whole chapter to State Succession and Nationality, highlighting four main principles: – the genuine and effective link between the person concerned and the State; – the habitual residence of the person concerned at the time of succession; – the will of the person concerned; and – the territorial origin of the person concerned. In addition, the European Convention on Nationality stipulates that non-nationals of a predecessor State who are habitually resident in the territory over which sovereignty is transferred to a successor State, and who have not acquired the nationality of the successor State, should have the right to remain in that State and enjoy the same social and economic rights as nationals. • The Draft Protocol on the Avoidance of Statelessness in relation to State Succession developed specific rules of proof (Article 8) concerning nationality in cases of State succession: “A successor State shall not insist on its standard requirements of proof necessary for the granting of its nationality where it concerns persons who have or would become stateless as a result of State succession and where it is not reasonable for such persons to meet the standard requirements. A successor State shall not require proof of non-acquisition of another nationality before granting its nationality to persons who were habitually resident on its 35