and that therefore Guatemala was not bound to recognize the Liechtenstein
Paragraph 6 of Article 36 merely adopted, in respect of the Court, a rule consistently accepted by general international law in the matter of international arbitration.
***
to be found in descent, without the requirement of any other element
must proceed at this stage on the assumption that the naturalization was
in the Memorial:
this ground for holding that the grant of naturalization did not give rise
or invalid either under the national law of Liechtenstein or under
Public International Law Advanced (JUR-4PINLADV), Copyright © 2020 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Upgrade naar Premium om het volledige document te bekijken, Deel je documenten om gratis Premium toegang te krijgen, Samenvatting: colleges en boek "Strategic Human Resource Management", Paul Boselie, Summary Fundamentals of Corporate Finance complete, Samenvatting Inleiding in het Nederlandse Recht, Q&A PILA - College-aantekening Q&A en de laatste HC. 1938 (Document numbered XI);
protection to Mr.Nottebohm.
The present Judgment deals with one of the three pleas in bar which, in this
Liechtenstein, and of M. Pinto, M. Rolin and M. Molina, on behalf of the
As to the merits of its claim, the Government of Liechtenstein repeats the
In the present case, it must determine. But if a State has in principle
too much weight can be given to the statements made by his kinsfolk in
Is the
leaves it to each State to lay down the rules governing the grant of its own
own organs in accordance with that legislation. upon as against the respondent State, that is to say, whether it entitled
the naturalization in question was in fact granted by the authority to which
The Agent for the Government of Guatemala having filed a number of new
nationality in the field of diplomatic protection, any third State will be
legal system of Liechtenstein. right to determine under its own law that Mr. Nottebohm was its own
grant of nationality without withdrawal of nationality by the State to
interests or of any activities exercised or to be exercised in
exceptional cases in which they exempt the applicant for naturalization from
of the naturalization, might it be possible, if certain conditions were
Leaving this question open, it decides that the
He was turned over to the armed forces of the United States on
residence, are frequently more numerous than those which link him to the
the Principality if the acquisition thereof has come about in a fraudulent
entitled to put forward certain of his claims against Guatemala, and that
rejects the Preliminary Objection presented by the Government of the Republic of Guatemala ; and fixes the following time-limits for the rest of the procedure : for the filing of the Counter-Memorial of the Government of Guatemala, January 20th, 1954 ; for the filing of the Reply of the Government of Liechtenstein, February 25th, 1954 ; for the filing of the Rejoinder of the Government of Guatemala, April 10th, 1954. Signed by Judge Kandis A. Westmore on 04/09/2015.
circumstances, it is not open to me, nearly sixteen years after the event
concerning itself with the mental attitude of the legal person responsible
been adduced, I consider that the Court should have joined the objection to
bond between the naturalizing State and the naturalized individual.
International arbitrators have decided in the same way numerous cases of
7 concerning German interests in
from any person who may have acquired it if it appears that the requirements
- 15 Jan 1954, Counter-Memorial submitted by the Government of Guatemala prisoner in the United States of America for more than two years, where he
abrogated on 6th April, 1917 (see Hackworth, Digest of International Law,
At the end of their argument, the Agent said that he would maintain the conclusions contained in the statement of May 21st, 1953, and that an additional conclusion would be filed with the Registry in writing. there, and he now complains of Guatemala's refusal to admit him. based on fraud at this stage in the case. nationality, that which accorded with the facts, that based on stronger
of this case, affect the plea in bar concerning nationality as well as the
his habitual residence". tribunal should be confined exclusively to the question whether the
Principality of Liechtenstein is acting before the Court, has not properly
thirty-four years, but exercised neither civil nor political rights in that
to a representative of the defendant Government, the date when it is
legal relationships came into being between Guatemala and Germany. informed the Guatemalan Government and had himself registered as a citizen
enquiring into the circumstances of a naturalization is not therefore
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. of right and fraud. "Reserves to the Agent of the Government of Liechtenstein the right, if he
Guatemala. 1949, and in particular after the enactment of Legislative Decree No.
Nationality and diplomatic protection are closely inter-related.
dispute only occurred after 1949, three years after F. Nottebohm finally
The validity of the naturalization of Mr. Nottebohm is also contested on the
(Jugdments of the Swiss Federal Court, Vol. protection is inadmissible against Guatemala would lead to the consequence
open court. it.
presupposes, in my opinion, a consideration of the merits ; it depends, as I
Liechtenstein national with the object of evading the consequences of his
nationality to F. Nottebohm, has been given in these proceedings. [p 65]directed, on the ground that a legal act may be vitiated by fraud and
courts of a third State, etc.? adjudicating upon the admissibility of the claim of Liechtenstein in respect
this case of the principles adopted by arbitral tribunals in dealing with
Guatemala, addressed the Court on this question at the hearings on February
Nottebohm after 1946, especially the injury resulting from the measures
the absence of the effects of nationality on the international level. paragraph 18, and Annex 6, paragraph 20, of the Memorial, and paragraph 106
Convention, signed at Rio de Janeiro on August 13th, 1906, on the status of
The finding that the Application is not admissible on the grounds of
his permanent residence in the country of his allegiance altered the manner
***
generally recognized with regard to nationality".
that "there can be no doubt that its Article 1 represented the existing
connection which existed previously or came into existence thereafter.
I can see no reason why the pattern of the body politic of Liechtenstein
In this connexion, however, the Court must confine itself within certain
2, p. 12, and Series A/B, Nos.
Article 48, paragraph 2, of its Rules, bad, after hearing the Parties, to
This decision was notified to the two Governments.
than a month, and there is nothing to indicate that the application for
When expropriation measures were
the deterioration of that property.
1. diplomatic protection and is not in any sense relevant to the problem under
protection vis-à-vis another State, if it constitutes a translation into
In addition to the question whether Liechtenstein nationality was validly
lastly, that a certificate to the same effect was issued to him by the Civil
connection, Counsel for Liechtenstein said: "the essential question is
V. That the attitude of Guatemala is not one of default or of voluntary absence, but, on the contrary, is based on great respect for the domestic laws in force in our country and the need for enforcing them, and for the terms of the Statute of the Court and of the Guatemalan declaration of January 27th, 1947, formulated in accordance with the said Statute. Judgment - Preliminary Objection (including the text of the declaration of Judge Klaestad)
protection, in the case under consideration.
stated shortly: that naturalization was not granted to Mr. Nottebohm in
effective, as the exact juridical expression of a social fact of a
accordance with the municipal law of Liechtenstein in such a manner that the
effort to maintain neutrality.
absence of any bond of attachment between Liechtenstein and F. Nottebohm
of Mr. Frederic Nottebohm. It is not surprising
inadmissible
The following term must not appear in document. It has been complained that the purpose of the naturalization was to avoid
the case of dual nationality, where two or several States claim a right to
President.
exercise diplomatic protection as regards the injury suffered by F.
naturalization. request to Liechten[p25]stein to produce further documents. difficult then it already is. enemy property were
(i) by reason of the absence of any prior diplomatic negotiations;
Guatemala, in concert with the other Pan-American States, was making every
effects as against Guatemala, even if it is considered that factual ties
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