Nationality in relation to the succession of States (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. 2. TEXT OF THE DRAFT ARTICLES WITH COMMENTARIES THERETO 48. The text of the draft articles, with commentaries thereto, adopted by the Commission on second reading at its fifty-first session are reproduced below: DRAFT ARTICLES ON NATIONALITY OF NATURAL PERSONS IN RELATION TO THE SUCCESSION OF STATES Commentary (1) The draft articles on nationality of natural persons in relation to the succession of States have been prepared on the basis of a request addressed to the Commission by the General Assembly in paragraph 8 of its resolution 51/160. As the title indicates, the scope of application of the present draft articles is limited, ratione personae, to the nationality of individuals. It does not extend to the nationality of legal persons. Ratione materiae the draft articles encompass the loss and acquisition of nationality, as well as the right of option, as far as they relate to situations of succession of States. (2) The draft articles are divided into two parts. While the provisions of Part I are general, in the sense that they apply to all categories of succession of States, Part II contains specific provisions on attribution and withdrawal of nationality and on the right of option applicable in different categories of succession of States. (3) The provisions in Part II are grouped into four sections, each dealing with a specific type of succession of States. This typology follows, in principle, that of the Vienna Convention on the Succession of States in respect of State Property, Archives and Debts (hereinafter “the 1983 Vienna Convention”). Notwithstanding the fact that the Commission has duly taken into account the practice of States during the process of decolonization for the purpose of the elaboration of the provisions in Part I, it decided to limit the specific categories of succession dealt with in Part II to the following: transfer of part of the territory, unification of States, dissolution of a State and separation of part of the territory. It did not include in this Part a separate section on “Newly independent States”, as it believed that one of the above four sections would be applicable, mutatis mutandis, in any remaining case of decolonization in the future. 23 PREAMBLE The General Assembly, Considering that problems of nationality arising from succession of States concern the international community, Emphasizing that nationality is essentially governed by internal law within the limits set by international law, Recognizing that in matters concerning nationality, due account should be taken both of the legitimate interests of States and those of individuals, Recalling that the Universal Declaration of Human Rights of 1948 proclaimed the right of every person to a nationality, Recalling also that the International Covenant on Civil and Political Rights of 1966 and the Convention on the Rights of the Child of 1989 recognize the right of every child to acquire a nationality, Emphasizing that the human rights and fundamental freedoms of persons whose nationality may be affected by a succession of States must be fully respected, Bearing in mind the provisions of the Convention on the Reduction of Statelessness of 1961, the Vienna Convention on Succession of States in Respect of Treaties of 1978 and the Vienna Convention on Succession of States in Respect of State Property, Archives and Debts of 1983, Convinced of the need for the codification and progressive development of the rules of international law concerning nationality in relation to the succession of States as a means for ensuring greater juridical security for States and for individuals, Declares the following: Commentary (1) In the past, the Commission generally presented to the General Assembly sets of draft articles without a draft preamble, leaving its elaboration to States. In this instance, however, the Commission decides to follow the precedent of the Draft Convention on the Elimination of Future Statelessness and draft Convention on the Reduction of Future Statelessness, which were both submitted with a preamble.15 (2) The first paragraph of the preamble indicates the raison d’être of the present draft articles: the concern of the international community as to the resolution of nationality problems in the case of a succession of States. Such concerns have re-emerged in connection with recent 15 Yearbook . . . 1954, vol. II, p. 143, document A/2693. The draft Declaration on Rights and Duties of States also included a preamble (Yearbook . . . 1949, p. 287).