the nottebohm case

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Nationality and StatelessnessTHE NOTTEBOHM CASE (LIECHTENSTEIN v. GUATEMALA)ICJ, April 6, 1955FACTSNottebohm was born at Hamburg on September 16th, 1881. He was German by birth, and still possessed German nationality when, in October 1939, he applied for naturalization in Liechtenstein. In 1905 he went to Guatemala. He took up residence there and made that country the headquarters of his business activities, which increased and prospered; these activities developed in the field of commerce, banking and plantations. After the outbreak of World War II, Nottebohm applied for Naturalization with Liechtenstein. His naturalization was granted, with the relaxation of the laws of Liechtenstein. Upon his return to Guatemala, his Liechtenstein citizenship was refused to be recognized and he was refused entry into the country because he was still recognized as a German citizen. Liechtenstein seeks to compel Guatemala to recognized Nottebohms citizenship.ISSUEWhether or not Guatemala may be compelled to recognize Nottebhoms citizenship

HELDNaturalization is a matter that is purely domestic. The State that grants a person naturalization is within the sole discretion of the state granting the same. A state is not compelled to recognize the citizenship of a person if the facts surrounding the naturalization does not support his citizenship. In this case the naturalization of Nottebohm by Liechtenstein was sought by the former as a form of protection from the effects of World War II. Guatemala relies on the fact that Nottebohm remained to be a German National throughout his 34 year stay at Guatemala and only sought for naturalization with Liechtenstein after the outbreak of World War II as a mode of subterfuge. In the absence of any evidence that Guatemala has recognized Nottebhoms citizenship as a national of Liechtenstein, Guatemala may not be compelled to recognize the same now.