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  • Nottebohm (Liechtenstein v. Guatemala)

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    Grace Addai
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    Liechtenstein filed a suit against Guatemala to compel it to recognize a German citizen, Nottebohm, as a citizen of Liechtenstein after he obtained citizenship there a month after World War II began. Guatemala refused Nottebohm entry because it considered him a German citizen still. The issue was whether Guatemala had to recognize Nottebohm's Liechtenstein citizenship. The International Court of Justice ruled that while nationality issues are generally up to the granting state, other states do not have to automatically accept the designation if there is no genuine bond between the individual and the state. Since Nottebohm had no prior connection to Liechtenstein and obtained citizenship only to avoid being a German

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    Liechtenstein filed a suit against Guatemala to compel it to recognize a German citizen, Nottebohm, as a citizen of Liechtenstein after he obtained citizenship there a month after World War II began. Guatemala refused Nottebohm entry because it considered him a German citizen still. The issue was whether Guatemala had to recognize Nottebohm's Liechtenstein citizenship. The International Court of Justice ruled that while nationality issues are generally up to the granting state, other states do not have to automatically accept the designation if there is no genuine bond between the individual and the state. Since Nottebohm had no prior connection to Liechtenstein and obtained citizenship only to avoid being a German

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    © All Rights Reserved
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    15 views1 page

    Nottebohm (Liechtenstein v. Guatemala)

    Uploaded by

    Grace Addai
    Liechtenstein filed a suit against Guatemala to compel it to recognize a German citizen, Nottebohm, as a citizen of Liechtenstein after he obtained citizenship there a month after World War II began. Guatemala refused Nottebohm entry because it considered him a German citizen still. The issue was whether Guatemala had to recognize Nottebohm's Liechtenstein citizenship. The International Court of Justice ruled that while nationality issues are generally up to the granting state, other states do not have to automatically accept the designation if there is no genuine bond between the individual and the state. Since Nottebohm had no prior connection to Liechtenstein and obtained citizenship only to avoid being a German

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    © All Rights Reserved
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    of 1

    INDEX: LAW2022/02/0292

    NOTTEBOHM (Liechtenstein v. Guatemala)

    FACTS

     Nottebohm (P), a German by birth, lived in Guatemala (D) for 34 years, retaining his German
    citizenship and family and business ties with it. He however applied for Liechtenstein (P) citizenship a
    month after the outbreak of World War II. Nottebohm (P) 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 (P) traveled to Liechtenstein and
    upon his return to Guatemala (D), he was refused entry because he was deemed to be a German
    citizen. His Liechtenstein citizenship was not honored.  Liechtenstein (P) thereby filed a suit before
    the International Court to compel Guatemala (D) to recognize him as one of its nationals. Guatemala
    (D) challenged the validity of Nottebohm’s (P) citizenship, the right of Liechtenstein (P) to bring the
    action, and alleged its belief that Nottebohm (P) remained a German national.

    ISSUES

    Whether or not nationality be disregarded by other states where it is clear that it was a mere device
    since the nationality conferred on a party is normally the concern of that nation?

    DECISIONS

    NO. issues relating to citizenship are solely the concern of the granting nation. This is the general
    rule. But 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. In this case, there was no relationship between Liechtenstein (P) and
    Nottebohm (P). the change of nationality was merely a subterfuge mandated by the war. Under this
    circumstance, Guatemala (D) was not forced to recognize it. Dismissed.

    CONCLUSION

    A state putting forth a claim must establish a locus stand for that purpose. Without interruption and
    continuously from the time of the injury to the making of an award be a national of the state making
    the claim and must not have been a national of the state against whom the claim has been filed.
    International law 347 (8th Ed. 1955) Vol.1.

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