Nationality in relation to the succession of States successor State.150 The withdrawal of the nationality of the predecessor State is subject to two conditions. First, that persons qualified to acquire the nationality of the successor State did not opt for the retention of the nationality of the predecessor State. This condition is spelled out in the chapeau of article 24 to which article 25, paragraph 1, refers. Second, that such withdrawal shall not occur prior to the effective acquisition of the successor State’s nationality. The purpose of this condition is to avoid statelessness, even if only temporary, which could result from a premature withdrawal of nationality.151 (10) Paragraph 2 of article 25 lists the categories of persons concerned who are qualified to acquire the nationality of the successor State but from whom the predecessor State shall not withdraw its nationality, unless they opt for the nationality of the successor State. The criteria used for the determination of these categories of persons are the same as those in article 24. (11) Article 26 deals with the right of option. There are numerous cases in State practice where a right of option was granted in case of separation of part or parts of the territory.152 150 For examples of State practice, see paragraphs (1) to (8) of the commentary to draft article 24 proposed by the Special Rapporteur in his third report (footnote 10 above). As regards the doctrine, see footnote 115 above. 151 See also provision 12 of the Venice Declaration (footnote 116 above) which prohibits the predecessor State from withdrawing its nationality from its own nationals who have been unable to acquire the nationality of a successor State. 152 See paragraphs (1) to (5) of the commentary to draft article 25 proposed by the Special Rapporteur in his third report (footnote 10 above). 47 (12) Article 26 covers both the option between the nationalities of the predecessor State and a successor State as well as the option between the nationalities of two or more successor States. Contrary to what is provided in article 20 with respect to a transfer of territory, in the case of separation of part or parts of the territory, the right of option for the retention of the nationality of the predecessor State is not envisaged for all persons concerned qualified to acquire the nationality of the successor State. This right is limited to those persons who, at the same time, fulfil one of the criteria in article 24 and one of those in article 25, paragraph 2. This would be, for instance, the case of a person concerned habitually resident in a third State who was born in the territory of what became a successor State but before leaving for abroad had his or her last habitual residence in the territory that has remained part of the predecessor State. (13) Similarly, the right of option between the nationalities of two or more successor States has to be granted only to persons concerned who, by virtue of the criteria in article 24, are qualified to acquire the nationality of more than one successor State. Leaving aside the case where the criterion referred to in subparagraph (b) (i) would be applicable, the right of option is only envisaged for some persons concerned who are habitually resident in a third State. (14) As in the case of article 23, article 26 is not meant to limit the freedom of the States concerned to grant the right of option to additional categories of persons concerned.

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