Individuals as objects of Int'l Law

Case: The Nottebohm Case (1955; ICJ)

Facts: Nottebohm was born in Germany, and was a German citizen, although he
lived in Guatemala since 1903, and conducted a prosperous business there, but
never became a citizen of Guatemala. In 1939, he applied to become a citizen of
Liechtenstein. The application was approved even though a requirement was that
he be in residence there for at least 3 years, but there was an exception and he
became a citizen of Liechtenstein. When he tried to re-enter Guatemala in 1943,
he was refused entry (probably because of his original German citizenship and
because of WWII). Liechtenstein offered Nottebohm protection against the
government of Guatemala and sued Guatemala in the International Court of Justice.
However, the government of Guatemala argued that Nottebohm did not gain
Liechtenstein citizenship for the purposes of international law.

Issue: Whether the conferment of the Lichtenstein citizenship is not contrary to

int'l law, and if Lichtenstein's claim on behalf of Nottebohm is admissible in
court. - No.

Holding: The court agreed with Guatemala and held that claims by Lichtenstein
were inadmissible .

Reasoning: Although the Court stated that it is the sovereign right of all states
to determine its own citizens and criteria for becoming one in municipal law, such
a process would have to be scrutinized on the international plain in questions of
diplomatic protection. The Court upheld the principle of effective nationality,
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. However, Nottebohm had
forfeited his German nationality and thus only had the nationality of
Liechtenstein.

Notes
• Here the individual cannot bring the claim himself (objective view)
• Lichtenstein trying to get damages on behalf of Nottebohm
○ Guatemala doesn’t recognize his citizenship
• Nottebohm was under Lichtenstein laws, a citizen. ICJ says ok it might be fine
under Lichtenstein's laws, but not ok under int'l law
• ICJ looking for real links in Lichtenstein. Must show there is a real connection
before Lichtenstein can act on your behalf.
• Pg. 343 - first full paragraph
• Reasoning:
○ What sources of law were looked at?
§ Arbitration and judicial decisions
§ Opinions of writers
○ Nationality is a legal bond having as its basis a social fact of
attachment, a genuine connection of existence, interests and sentiments, together
with the existence of reciprocal rights and duties (pg. 345)
• Problem: Which state will represent him? Guatemala won't. So now that's why
individuals are given the right for individuals to bring rights on their own.