Nottebohm (Liechtenstein v.

Guatemala)
April 6, 1955 International Court of Justice Gerard

where there is only one state claiming Nottebohm as its citizen because Nottebohm lost his German Citizenship). FACTS: 1. Friedrich Nottebohm was a natural-born German citizen who established residence in Guatemala. He started a business there with his brothers which eventually became very successful. 2. In 1939, he went to Liechtenstein. He was visiting his brother then in Vaduz, the capital of Liechtenstein. One month after Germany attacked Poland, or on October 9, 1939, he applied for Liechtenstein citizenship (one the requirements of which are 3-year stay [which had an exception under special circumstances], which was granted and finalized when he took the oath of allegiance a few weeks after. Thereafter he returned to Guatemala already carrying a Liechtenstein passport. 3. In 1943, Guatemala deported Nottebohm for being an enemy national and all his property was seized by the government. He was detained at a US Army base, and it was decided that he was to be returned to Liechtenstein. 4. Liechtenstein, acting in behalf of its citizen Nottebohm, filed this case to exercise protection over Nottebohm as its citizen, seeking special and ordinary damages for his deportation and seizure of his property. 5. Guatemala argued that Liechtenstein cannot bring the present action as it cannot compel Guatemala to recognize Nottebohm as a Liechtenstein citizen. (Some of the other arguments of Guatemala include the shady issuance of citizenship by Liechtenstein, i.e. not complying with the residence requirement and using the exception under special circumstances under Liechtenstein Law. The Court did not go into the merits of these defences). ISSUES: Whether Liechtensteins claim, in behalf of Nottebohm, against Guatemala, is admissible? According to the Court, the question of Nottebohms citizenship is a question of admissibility of Liechtensteins claim).

SUMMARY: Friedrich Nottebohm was a German national who took up residence in Guatemala in 1905, in which he settled for 39 years. During the interim he applied for citizenship in Lichtenstein, which he was able to secure and renounced his German citizenship. In 1943, Guatemala deported Nottebohm on the ground that he was an enemy national. Liectechstein subsequently seized the jurisdiction of the ICJ to exercise protection of Nottebohm as its citizen. Guatemala argued that Liechtensteins application is inadmissible as it is cannot be forced to recognize Liechtensteins unilateral act of granting citizenship to Nottebohm. The Court agreed with Guatemala and dismissed Liechtensteins application. It ruled that although every sovereign nation has the right to determine who its citizens are, third countries cannot be compelled to recognize unilateral acts granting citizenship where the manner of granting citizenship did not conform with the general aim of making the legal bond of nationality in accord with the individuals genuine connection with the state. DOCTRINE: Real and Effective Nationality that Nationality to which an individual has genuine connections, whether social, commercial, cultural, etc. In resolving conflict in dual citizenship, the tendency is to prefer the real and effective nationality. (Note that this is the critique of this decision, the Court, for the first time, uses real and effective nationality as a test

RULING: No. Nottebohm lacks genuine connections with Liechtenstein to compel Guatemala to recognize his Liechtenstein citizenship, and therefore, Liechtensteins claim is inadmissible. RATIO: Real and effective Nationality The problem with the fact the Sovereigns have the sole right to determine who their citizens are is the fact there can be more than one state claiming a person to be its national. The trend is to prefer the real and effective nationality of the person in question. In this case, the Court found that Nottebohm had no genuine connections in Liechtenstein. His family and relatives are in Guatemala, save for the one brother in Liechtenstein. During his stay in Guatemala, he did not have any significant contact in Liechtenstein, like he did in Germany and Guatemala where he maintained his business and residence. Guatemala cannot be compelled the Liechtenstein Naturalization of Nottebohm Under Art. 1 of the Hague Convention Relating to Conflict of Nationality Laws, the law enacted by a stated for determining who are its nationals shall be recognized by other states in so far as it is consistent with international custom, and the principles of law generally recognized with regard to nationality. According to practice of states and other authorities, nationality is a legal bond, an social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties. In order for a state to invoke the exercise of protection over an individual and institution of international judicial proceedings, the facts must show that the individual and the state have factual

connections which are sufficiently close, so preponderant in relation to any connection which may have existed between him and any other state, preceding, contemporaneous with and following the naturalization. (More succinctly, the Court said, Nottebohm has no genuine connection with Liechtenstein because he only applied citizenship there to rid him of being a citizen of a belligerent state).