FACTS

Nottebohm was born a German national in 1881. He received citizenship through naturalization from Liechtenstein
(plaintiff) in 1939. Prior to this date, in 1905, Nottebohm lived and performed substantial business dealings in
Guatemala (defendant), and returned frequently to Germany to visit family. Once Nottebohm received his citizenship
from Liechtenstein, he returned to Guatemala and Guatemalan authorities updated his nationality in the Register of
Aliens. On July 17, 1941, the United States blacklisted Nottebohm and froze all his assets which were located in the
United States. War broke out between the United States and Germany, and between Guatemala and Germany, on
December 11, 1941. Nottebohm was arrested in Guatemala in 1943 and deported to the United States, where he was
held until 1946 as an enemy alien. Once released, Nottebohm applied for readmission to Guatemala, but his
application was refused. Nottebohm moved his residence to Liechtenstein (where he was a citizen), but Guatemala had
already taken steps to confiscate Nottebohms property in Liechtenstein. Guatemala succeeded in 1949. Liechtenstein
instituted legal proceedings against Guatemala in the International Court of Justice (ICJ), requesting the court declare
Guatemala had violated international law in arresting, detaining, expelling and refusing to readmit Mr. Nottebohm and
in seizing and retaining his property. Additionally, Liechtenstein requested the ICJ to order Guatemala to pay
compensation as reparation. Guatemala defended by contesting Nottebohms Liechtenstein nationality.
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 plane where the question is of diplomatic protection. 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. However Nottebohm had forfeited his
German nationality and thus only had the nationality of Liechtenstein. The question arises, who then had
the power to grant Nottebohm diplomatic protection?

The Nottebohm Case (Liechtenstein v. Guatemala; ICJ 1955; p. 315)

Can Liechtenstein represent Nottebohm at the ICJ? No.

Two concepts:

State protectionstate of which person is a national can protect.

State responsibilitystate where alien resides (see p. 322, n. 1). This has now expanded to include:

Territorial integrity. (Rainbow Warrior Case p. 323)

Harm to Environment.

Breaching Treaty Obligations.

Responsible for violating rights of its own citizens. Problem: (1) What are considered human
rights? (2) How to enforce? Esp. when UN cant intervene in domestic relations. Query: Is this really domestic?

Attribution (n. 2, 323)who in facts binds the state? For what acts is a state responsible? What if it is the act
of a state/local agencycan whole nation/state be responsible? Esp w/ (a) federal system and (b) private parties. (Intl
comm. has been working on thisbut very controversial)

Is Guatemala required to recognize Liechtenstein naturalization on intl level?

Limitations on naturalizationcant naturalize a member of foreign forces or someone who enjoys diplomatic
immunity.

Dualism: Liechtenstein can grant naturalization, but intl law does not require Guatemala to
recognize this naturalization.

Ct says that there must be a genuine link btwn a country and the person asking for protection for the ct to
require Guatemala to recognize.

This opinion is limited today b/c naturalization has become a matter of convenience. Genuine Link is
dead.

Ct goes into idea of when a state can bring an actionobjective theory/positivist theory (only states can).
N. 1, p. 322: Mavrommatis Palestine Concessions Case (PCIJ1924) Est the doctrine that actions against
individuals are actions against states. Denial of justice or exhaustion of remedies before it can go to the intl tribunal.
There is a gap in the systemwhat recourse do Nottebohm type people have?

N. 3, p. 318: Ct seems to focus on this extensive link w/ Guatemala (but implication that other states might be
expected to recognize him.)

Reparations: Wld they be given to Liechtenstein and Nottebohm? Stateless personsdo they have any rights?
World has over 20 million refugees. Nansen---alien travel documents issued on behalf of UN for people in trouble.
These dont require protection by issuing states.