Nottebohm Case (Liechtenstein v Guatemala)

Facts

• Friedrich Nottebohm was born a German national in 1881
• He lived in Guatemala from 1905 onwards, conducting business there for over 30 years
• In October 1939, shortly after the outbreak of World War II, he applied for and obtained Liechtenstein nationality
• He had no prior connection to Liechtenstein beyond a brother residing there
• Guatemala treated him as an enemy alien, expelled him, and confiscated his property
• Liechtenstein brought proceedings before the ICJ seeking diplomatic protection

Issue

1. Whether Liechtenstein could exercise diplomatic protection for Nottebohm against Guatemala, given that his nationality was acquired on the eve of war without genuine connection to Liechtenstein.

Held

• The ICJ declared Liechtenstein's claim inadmissible
• Nationality must reflect a genuine connection between the individual and the state
• Relevant factors include habitual residence, centre of interests, family ties, and participation in public life
• A nationality of convenience, acquired without genuine social ties, cannot be asserted against third states for purposes of diplomatic protection
• Guatemala was not bound to recognise Liechtenstein's grant of nationality

Ratio Decidendi

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. A state cannot claim that the rules it has laid down for grant of nationality are entitled to recognition by another state unless they represent a real and effective connection. For purposes of diplomatic protection, nationality must correspond to the factual situation.