NATIONALITY AND STATELESSNESS – NATIONALITY – NATIONALITY PRINCIPLE

Facts. Nottebohn, a German by birth, lived in Guatemala for 34 years, retaining his German
citizenship and family and business ties with it. He however applied for Liechtenstein 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 residency requirement. 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. The naturalization of Nottelbohm was an act performed by Liechtenstein in the exercise of

its domestic jurisdiction. The question to be decided is whether that act has the international
effect here under consideration.

Held:
No. The nationality principle provides that it is for each state to establish its own standards for
conferring nationality. The ICJ held that Liechtenstein is the sole judge of whether Nottebohm is
a citizen of the state for domestic law purposes, but other nations are not obligated to recognize
Liechtenstein citizenship absent a “genuine link” between Nottebohm and that state. That is, the
international law question is not wholly within the competence of Liechtenstein. Generally,
individuals obtain nationality by “jus soli” and/or by jus sanguinis or by naturalization.
Guatemala is under no obligation to recognize a nationality granted in such circumstances.
Liechtenstein consequently is not entitled to extend its protection to Nottebohm vis-à -vis
Guatemala and its claim must, for this reason, be held to be inadmissible.

NATIONALITY AND STATELESSNESS – NATIONALITY – MULTIPLE NATIONALITY

3. Re solu ti on of Confli cts i n Mul ti ple Nationa li ty ca ses. The 193 0 Hague
Convention on the Conflict of Nationality Laws provides the following solutions to
multiple nationality cases:

a. A person having two or more nati onaliti es may be regarded as its national by
each of the States whose nationality he possesses, a n d a S t a t e m a y n o t g i v e
d i p l o m a ti c p r o t e c ti o n t o o n e o f i t s nati onals against a State whose
nati onality that person possesses. (Nottebohm case, 1955, ICJ Rep 4)

b. If a person has more than one nationality, he shall be treated, within a third state, as if
he had only one; the Third State shall recognize exclusively either the nationality of the
State in which he is habitually and principally resident, or the nationality of the State
with which he appears in fact to be most closely connected. This is known as the
principle of effective nationality or genuine link theory. (Ntottebohm case, 1955, ICJ Rep
4)
NATIONALITY AND STATELESSNESS – NATIONALITY – DIPLOMATIC PROTECTION
Conditions for the Exercise of Diplomatic Protection:

1.The defendant State has broken an obligation towards the national State in respect of its own
nationals
2. Only the party to whom an international obligation is owed can bring a claim regarding breach
of that obligation. (Nottebohm's Case, Leichtenstein versus Guatemala, 1955, I.C.J., 4 [April 6])