Nationality — Acquisition and Loss — KSLU Pil Notes

Nationality — Acquisition and Loss

flowchart TD
    N[Nationality] --> ACQ[Acquisition]
    N --> LOSE[Loss]
    ACQ --> JUS[Jus Soli - Born on State soil - USA, India]
    ACQ --> SANG[Jus Sanguinis - Born of citizen parents - Germany, Japan]
    ACQ --> NAT[Naturalisation - Long residence plus application]
    ACQ --> MARRY[Marriage - Derivative nationality]
    ACQ --> APPOINT[Appointment to State service]
    LOSE --> RENUN[Voluntary renunciation]
    LOSE --> DEPRIVE[Deprivation by State - treason]
    LOSE --> ACQUIRE[Automatic loss on acquiring another nationality]
    LOSE --> STATELESS[Risk of statelessness]

Nottebohm Case — Effective Nationality (ICJ, 1955)

Facts: Nottebohm was German, long resident in Guatemala. He obtained Liechtenstein nationality in 1939 (just before WWII) to avoid being classified as an enemy alien. Guatemala seized his property. Liechtenstein espoused his claim.

ICJ Held: Liechtenstein’s claim was inadmissible. Nationality must reflect a genuine connection (effective nationality) — habitual residence, family ties, participation in public life. Nottebohm had no genuine link to Liechtenstein.

Rule: Only genuine nationality is opposable to other States in diplomatic protection.