Nationality in relation to the succession of States sion, when the predecessor State survives the change (transfer of part of the territory, separation of part(s) of the territory). In the latter case, it is possible to distinguish among at least two main groups of individuals having the nationality of the predecessor State: persons residing in the territory affected by the change of sovereignty on the date of succession of States (a category which comprises those born therein and those born elsewhere but having acquired the predecessor’s nationality at birth or by naturalization) and those born in the territory affected by the change or having another appropriate connection with such territory, but not residing therein on the date of the change. Within the last category, a distinction must be made between those individuals residing in the territory which remains part of the predecessor State and those individuals residing in a third State (see article 25). (9) The delimitation of the categories of persons susceptible of acquiring the nationality of the successor State is also multifaceted. In the event of total succession, such as the absorption of one State by another State or the unification of States (art. 21), when the predecessor State or States respectively cease to exist, all nationals of the predecessor State or States are candidates for the acquisition of the nationality of the successor State. In the case of the dissolution of a State, the situation becomes more complicated owing to the fact that two or more successor States appear and the range of individuals susceptible of acquiring the nationality of each particular successor State has to be defined separately. It is obvious that there will be overlaps between the categories of individuals susceptible of acquiring the nationality of the different successor States (art. 22). Similar difficulties will arise with the delimitation of the categories of individuals susceptible of acquiring the nationality of the successor State in the event of secession (art. 24) or transfer of a part or parts of territory (art. 20). This is a function of the complexity of the situations and the need to respect the will of persons concerned. (10) The definition in subparagraph (f) is restricted to the clearly circumscribed category of persons who had in fact the nationality of the predecessor State. Article 3. Cases of succession of States covered by the present draft articles The present draft articles apply only to the effects of a succession of States occurring in conformity with international law and, in particular, with the principles of international law embodied in the Charter of the United Nations. Commentary (1) As it already stated in paragraph (1) of the commentary to article 6 of the draft articles on succession of States in respect of treaties The Commission in preparing draft articles for the codification of the rules of international law relating to normal situations naturally assumes that those articles are to apply to facts occurring and situations established in conformity with international law. Accordingly, it does not as a rule state that their application is so limited. Only when matters not in conformity with international law call for specific treatment or 27 mention does it deal with facts or situations not in conformity with international law.32 Nevertheless, the 1978 and 1983 Vienna Conventions contain a provision limiting explicitly their scope of application to successions of States occurring in conformity with international law.33 (2) For purposes of consistency with the approach adopted in the 1978 and 1983 Vienna Conventions, the Commission decided to include in the present draft articles the provision in article 3 which is based on the relevant provisions of these instruments, although it is evident that the present draft articles address the question of the nationality of natural persons in relation to a succession of States which took place in conformity with international law. The Commission considered that it was not incumbent upon it to study questions of nationality which could arise in situations such as illegal annexation of territory. (3) The Commission stresses that article 3 is without prejudice to the right of everyone to a nationality in accordance with article 15 of the Universal Declaration of Human Rights.34 Article 4. Prevention of statelessness States concerned shall take all appropriate measures to prevent persons who, on the date of the succession of States, had the nationality of the predecessor State from becoming stateless as a result of such succession. Commentary (1) The obligation of the States involved in the succession to take all appropriate measures in order to prevent the occurrence of statelessness is a corollary of the right of the persons concerned to a nationality. As has been stated by experts of the Council of Europe, “there is an international obligation for the two States to avoid statelessness”;35 this was one of the main premises on which they based their examination of nationality laws in recent cases of succession of States in Europe. (2) The growing awareness among States of the compelling need to fight the plight of statelessness has led to the adoption, since 1930, of a number of multilateral treaties relating to this problem, such as the 1930 Hague Convention, its Protocol relating to a Certain Case of Statelessness and its Special Protocol concerning Statelessness, as well as the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness. It is true that only very few provisions of the above Conventions directly address the issue of 32 Yearbook . . . 1974, vol. II (Part One), p. 181, document A/9610/ Rev.1. 33 See article 6 of the 1978 Vienna Convention and article 3 of the 1983 Vienna Convention. 34 See footnote 25 above. 35 See Report of the experts of the Council of Europe on the citizenship laws of the Czech Republic and Slovakia and their implementation (Council of Europe (Strasbourg, 2 April 1996), document DIR/JUR(96)4), para. 54.

Select target paragraph3