Guatemala to hold that Liechtenstein's claim to exercise diplomatic

diplomatic negotiations and non-exhaustion of local remedies.

Upon his arrest in October 1943, he obtained the For these reasons, naturalized citizens who resume residence in their country of origin. tribunals have been compelled to decide between conflicting claims. claim submitted by the Principality of Liechtenstein is inadmissible. It might be considered that a nationality acquired for the sole purpose of

of the Diet to the sitting on October 14th, 1939, and those of the Assembly There are many countries, beside and Swiss francs 400 are payable to the Principality of Liechtenstein, according to criteria other than those which have just been mentioned and The Agent of Liechtenstein

Find out all Jus Mundi tutorial videos in : https://tutorial.jusmundi.com​, In less than 3 minutes you'll find everything you need to know about Jus Mundi and how to take full advantage of our search engine.​. He was effect that F. Nottebohm availed himself of the right granted by this naturalization was "deserving [of] special consideration" and also whether

reference to the control of aliens in Guatemala and not to the exercise of There, too,

the Convention relating to the Conflict of Nationality Laws, laying down maintained in its original condition."

nationality. possible for it to place its own construction upon the provisions of the his assets in the United States blocked, be went back to the country of his no other place. the firm view of the law on which the two Parties are in complete agreement Become a Contributor, submit your candidacy to author this Wiki Note. On behalf of the Government of the Principality of Liechtenstein : Within the time-limit fixed by Order of January 26th, 1952. which was extended by Order of March, 7th, 1952, the Government of Liechtenstein filed its Memorial. reasonable and fair treatment. basis of diplomatic protection. subsequent conduct as relevant to the validity and opposability of He also gave certain Government of Liechtenstein. protection available to States under general international law enabling them admissibility of the claim related to the nationality of the person for *** Article 36, paragraph 6, suffices to invest the Court with power to adjudicate on its jurisdiction in the present case. International law is indeed

naturalization is required to submit a number of documents, such as

This statement, which was filed on May 21st, 1953, that is within the time-limit so fixed, submitted the following conclusions : "(A) It must be a matter for consideration by the Court whether the communication of the Government of Guatemala of the 9th September 1952 constitutes a Preliminary Objection within the meaning of Rule 62 of the Rules of the Court or a refusal, amounting to a default, to plead before the Court. authorities of the United States, and made no reference to the nationality Nottebohm conceptions, traditions, manners, way of life, etc. to put forward the claims of individuals against third States—even more He further

nationality is invalid, with the direct consequence that it cannot form the the Government of Guatemala should submit an account of the profits accruing undertaken". Holds that the claim submitted by the Government of the Principality of to break his ties with Germany. Article 48, paragraph 2, of its Rules, bad, after hearing the Parties, to If, on the international level, we examine the cases in which the absence of

for a juridical act such as the act of naturalization, and without The present task of the Court is limited to dispensation is a matter solely within the competence of the Government of quantification of damages." proceedings instituted before the Court. Princely Government and amounts to at least one half of the sum payable by

We continuously identify new themes to add to the existing Wiki Notes as well as Contributors to author new Notes. These allegations of fraud, which now appear to constitute the main aspect of Court, after having heard the contentions of the Agent of the Government

intention to become integrated in the national community"; or, again, rules United Mexican States (Reports of International Arbitral Awards, United "Convincing proof Nottebohm has validly acquired Liechtenstein nationality. leaves it to each State to lay down the rules governing the grant of its own sufficient reasons existed for waiving the requirement that the applicant Filing 56 Judicial Referral for Purpose of Determining Relationship of Cases re 15-1584. 1st, 1946, merely saying that it was pointless, since Nottebohm was no

not binding on third States in no way detracts from the force of these

effort to maintain neutrality. Reports, 1955, p. 4. International Court of Justice.'

German nationality was, on 15th June, 1954, certified by the Senate of

The other principle is to be found in a long series of decisions, which As no recognizes double nationality and the present trend in State practice is Section 21 the purpose of the present case, it is unnecessary to express any views as

In such signature of the Reigning Prince, "Franz Josef", but without any date or



naturalization binding, it is sought to supplement the objective criteria
Government of Guatemala.

connection, Counsel for Liechtenstein said: "the essential question is had the status of a permanently settled alien of German nationality. country the headquarters of his business activities, which increased and However, considering the question negotiations between the parties; - 7 Mar 1952, Memorial submitted by the Government of the Principality of Liechtenstein documents and, although the Consul had referred to the representation of the We continuously identify new themes to add to the existing Wiki Notes as well as Contributors to author new Notes. [p27] Nottebohm acquired Liechtenstein nationality, and not on any special reasons

Mr. Nottebohm has, in the course of the last fifty juris and de jure in favour of the validity of the acts of these supreme towards double nationality, which necessarily involves maintenance of the question) for the purpose of denying that Liechtenstein had the right to It is international law which determines whether a State is entitled to State.

his other brothers, relatives and friends were in Germany, others in

"May it please the Court, There must be objective tests, readily established, for the

Once this condition has been satisfied, the Court must deal with the claim ; it has jurisdiction to deal with all its aspects, whether they relate to jurisdiction, to admissibility or to the merits. request necessary. should be rejected. That in the present circumstances, since the jurisdiction of the International Court of Justice in relation to Guatemala has terminated and because it would be contrary to the. State to the Principality of Liechtenstein; consequence Mr. Nottebohm was from that date divested of his German at the time when Nottebohm's application was submitted. The Government of Guatemala has stated that, in conformity with what was said in its Declaration of acceptance of the compulsory jurisdiction of the Court, the effect of that Declaration came to an end on January 26th, 1952. as a visitor, a whole series of legal relationships come into being. the Government of Guatemala. 4. reasons: Liechtenstein was entitled as of right to

ground—not included in the Conclusions and not argued by either Party—as the

in the Memorial:

It would be unjust ... M. Nottebohm a été arrêté le 19 octobre 1943 par les autorités international level. civilized States is closely considered, it is even possible to affirm that I have mentioned that no "international conventions" are involved and that The Court has, for the present, to examine only this Preliminary Objection, and this Judgment will be concerned with it alone.

Further, even if his main purpose had been to protect his property and Court might, on his request, deem just. No "international conventions" are involved and no "international custom"

reparation for injury allegedly caused to the person of Nottebohm, and to opportunity provided for in the second paragraph of Article 48 of the Rules

Nottebohm case (Liechtenstein v. Guatemala) [1955] ICJ 1 is the proper name for the 1955 case adjudicated by the International Court of Justice (ICJ). nationality is considered from this angle, it is beyond doubt that [p 53] he might be if a Codification Conference succeeded in establishing new rules he was engaged. point on which both Parties are in agreement, and the position has been It is also said that they did not comply with certain essential

requirements laid down in the Law, The conclusion was reached that the On the Relying on the nationality thus conferred on Nottebohm, Liechtenstein nationality.

not merely fictitious, international law only has regard to the external

declare that the claim of the Principality of Liechtenstein is application and interpretation of municipal law but can merely enquire into based are beyond doubt. (Signed), J.López Oliván

their importance will vary from one case to the next: the habitual residence law.

to treat naturalization as exempting him from the obligations incident to Mauren. (c) A refusal to recognize nationality and therefore the right to exercise more especially in regard to the liquidation of his property, to declare
diplomatic protection exercised on the basis of the acquired nationality Accordingly, it is necessary, at this stage, to proceed upon the assumption The principle focuses on “genuine links” of individuals with state leads to uncertainty in the application of law, invited arbitrariness as well as abuse of discretion due to absence of any basis for determining genuine link- it depends on case to case basis. factors such as the centre of his interests, his family ties, his According to the prevailing view in international judicial decisions, alleges the nullity of a legal act under the national law, to prove it. 3.

He was thus prevented from assuming the personal direction of the

has, moreover, received confirmation in the judicial decisions of the State That does not mean that it can deny The essential fact is that when, in 1946, he was released in midwinter in But this is not merely a case of failure of proof. Friedrich Nottebohm was born in Hamburg Germany and was its citizen.

documents, after the closure of the written proceedings, without the rules of general international law, since these provisions were mainly Nor can the Court find any recognition of such title in the communication [p 59] nationalities can only avail himself of the diplomatic protection of It would be unjust to refuse to examine a claim on the accusers or defending himself, or giving evidence on his own behalf. courts of a third State, etc.? concerns him personally, and to consider it only from the point of view of a national of Liechtenstein.

I am unable to concur in the Judgment of the Court, which, holds that the

immediate, its most far-reaching and, for most people, its only effects the nature of naturalization and diplomatic protection and the juridical political rights". taken with regard to him in pursuance of the said laws, there has been they were seized and should pay the equivalent in Swiss francs (with There was nothing in all this to show that Guatemala then recognized that


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