9.

Nottebohm case

Facts.

Nottebohm, a German by birth, lived in Guatemala for 34 years, retaining his German
citizenship and family and business ties with it. However he applied for Liechtenstein (P)
citizenship a month after the outbreak of World War II. Nottebohm had no ties with Liechtenstein
but intended to remain in Guatemala. The naturalization application was approved by
Liechtenstein and impliedly waived its three-year. After this approval, Nottebohm travelled to
Liechtenstein and upon his return to Guatemala, he was refused entry because he was deemed
to be a German citizen. His Liechtenstein citizenship was not honored. Liechtenstein thereby
filed a suit before the International Court to compel Guatemala to recognize him as one of its
national. Guatemala challenged the validity of Nottebohm’s citizenship, the right of Liechtenstein
to bring the action and alleged its belief that Nottebohm remained a German national.

Issue.

Whether or not nationality may be disregarded by other states.

Ruling.

NO. The general rule is that issues relating to citizenship are solely the concern of the granting
nation, it is the sovereign right of all states to determine its own citizens and criteria for
becoming one in municipal law, nonetheless it does not mean that other states will automatically
accept the conferring state’s designation unless it has acted in conformity with the general aim
of forging a genuine bond between it and its national aim. The Court upheld the principle
of effective nationality (the Nottebohm principle), where the national must prove a meaningful
connection to the state in question. This principle was previously applied only in cases of dual
nationality to determine which nationality should be used in a given case. In the case at bar, Mr.
Nottebohm’s nationality was not based on any genuine prior link with Liechtenstein, and the sole
object of his naturalization was to enable him to acquire the status of a neutral national in time
of war, the Court held that Liechtenstein was not entitled to take up his case and put forward an
international claim on his behalf against Guatemala