Nationality in relation to the succession of States
the nationality of two, or, in certain cases, even more than
two, successor States. Such “double qualification” may
occur, for instance, when a person concerned habitually
resident in one successor State had, prior to the dissolution, the “citizenship” of a constituent unit of the predecessor State which became part of another successor
State. There are several recent examples of State practice
in which a right of option was granted in such circumstances.135 This may also occur when a person concerned
habitually resident in a third State was born in the territory
which became part of one successor State but also has an
appropriate connection, such as family ties, with another
successor State. Article 23, paragraph 1, is not meant to
limit the freedom of the successor States to grant the right
of option to additional categories of persons concerned.
(14) Paragraph 2 deals with persons concerned who
have their habitual residence in a third State and who are
not covered by the provisions of article 22, subparagraph (b), such as those who acquired the nationality of
the predecessor State by filiation or naturalization and
were never residents thereof. Unless they have the nationality of a third State, these persons would become stateless. The purpose of the option envisaged under paragraph 2, however, is not limited to the avoidance of
statelessness, a problem which might be resolved on the
basis of article 11, paragraph 2. Its purpose is, furthermore, to enable such persons to acquire the nationality of
at least one successor State, thus giving effect to the right
to a nationality as embodied in article 1.
SECTION 4.
SEPARATION OF PART
OR PARTS OF THE TERRITORY
Article 24. Attribution of the nationality
of the successor State
When part or parts of the territory of a State separate from that State and form one or more successor
States while the predecessor State continues to exist, a
successor State shall, unless otherwise indicated by the
exercise of a right of option, attribute its nationality to:
(a) Persons concerned having their habitual residence in its territory; and
135
Section 3, paragraph 1, of the Law on State Citizenship in the Slovak Republic, of 19 January 1993 (No. 40/1993), provided that every
individual who was on 31 December 1992 a citizen of the Czech and
Slovak Federal Republic and did not acquire the citizenship of Slovakia
ipso facto, had the right to opt for the citizenship of Slovakia. It was
mainly addressed to those persons who, by virtue of the Czech law,
became ex lege Czech nationals but were habitual residents of Slovakia
(see footnote 67 above). Similarly, article 18 of Law No. 40/1993 of
29 December 1992 on acquisition and loss of citizenship of the Czech
Republic set out the conditions for the optional acquisition of Czech
nationality by persons habitually resident in the Czech Republic who
acquired ex lege the Slovak nationality (see Report of the experts of the
Council of Europe . . . (footnote 35 above), appendix IV). Another
example is the Yugoslav Citizenship Law (No. 33/96). In addition to
basic provisions concerning the ex lege acquisition of nationality, article 47 stipulated that
“Yugoslav citizenship may be acquired by any citizen of the Socialist
Federal Republic of Yugoslavia who was a citizen of another . . .
republic [of the Federation] . . . whose residence was in the territory
of Yugoslavia on the date of the proclamation of the Constitution”
(see footnote 39 above).
45
(b) Subject to the provisions of article 8:
(b) i(i) Persons concerned not covered by subparagraph (a) having an appropriate legal connection with a constituent unit of the predecessor State that has become part of that
successor State;
(b) (ii) Persons concerned not entitled to a nationality of any State concerned under subparagraphs (a) and (b) (i) having their
habitual residence in a third State, who
were born in or, before leaving the predecessor State, had their last habitual residence in what has become the territory of
that successor State or having any other
appropriate connection with that successor
State.
Article 25. Withdrawal of the nationality
of the predecessor State
1. The predecessor State shall withdraw its
nationality from persons concerned qualified to
acquire the nationality of the successor State in
accordance with article 24. It shall not, however, withdraw its nationality before such persons acquire the
nationality of the successor State.
2. Unless otherwise indicated by the exercise of a
right of option, the predecessor State shall not, however, withdraw its nationality from persons referred to
in paragraph 1 who:
(a) Have their habitual residence in its territory;
(b) Are not covered by subparagraph (a) and have
an appropriate legal connection with a constituent
unit of the predecessor State that has remained part of
the predecessor State;
(c) Have their habitual residence in a third State,
and were born in or, before leaving the predecessor
State, had their last habitual residence in what has
remained part of the territory of the predecessor State
or have any other appropriate connection with that
State.
Article 26.
Granting of the right of option by the predecessor and the successor States
Predecessor and successor States shall grant a right
of option to all persons concerned covered by the provisions of articles 24 and 25, paragraph 2, who are
qualified to have the nationality of both the predecessor and successor States or of two or more successor
States.
Commentary
(1) Section 4 consists of three articles, 24, 25 and 26,
and applies to the case of separation of part or parts of the
territory. The distinction between this situation and the
case of the dissolution of a State has been explained in the