A/RES/55/153
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
(b) Subject to the provisions of article 8:
(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;
(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 article 24 and paragraph 2 of article 25 who
are qualified to have the nationality of both the predecessor and successor States or
of two or more successor States.
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