Nationality — Public International Law Notes

Nationality

Friedrich Nottebohm was a German who lived in Guatemala for 34 years, then hastily obtained citizenship of tiny Liechtenstein just as the Second World War began, hoping to escape treatment as an enemy alien. When Liechtenstein tried to protect him against Guatemala, the ICJ (1955) refused: nationality must reflect a “genuine link” between the individual and the State, not a flag of convenience. Nottebohm had no real bond with Liechtenstein, so it could not espouse his claim. That “genuine link” is the phrase to reproduce.

What nationality is, and why it matters

Nationality is the legal bond between an individual and a State, by which the individual belongs to that State, owes it allegiance, and is entitled to its protection. It is the link that makes a person more than a mere object of international law. Learn it in three parts: acquisition, loss, and importance.

A. Modes of acquisition

By birth — the commonest. Two competing rules: jus soli [right of the soil] — nationality of the place of birth; and jus sanguinis [right of blood] — nationality of the parents. Most States use a mix.
By naturalisation — grant of nationality to an adult foreigner after residence and application.
By marriage — a spouse acquiring the other’s nationality.
By legitimation / adoption — a child acquiring a parent’s nationality.
By registration or descent — as provided by a State’s nationality law.
By subjugation or cession — the inhabitants of transferred/conquered territory acquiring the new sovereign’s nationality.

B. Modes of loss

By renunciation — voluntarily giving up nationality (usually on acquiring another).
By deprivation — the State stripping nationality (e.g. for serving a foreign army, or fraud in naturalisation).
By long residence abroad — under some laws, prolonged absence.
By substitution — acquiring a new nationality that replaces the old.

C. International importance of nationality

Diplomatic protection — a State may protect (espouse the claim of) only its own nationals against another State. This is why nationality is central: no nationality, no protector.
The nationality of claims rule — a claim can be brought internationally only by the State of which the injured person is a national (and only if that link is genuine — Nottebohm, 1955). For a company, only the State of the company’s own nationality (incorporation/seat), not the shareholders’ States, may bring the claim (Barcelona Traction, 1970).
Duties and rights — nationality determines allegiance, the right to enter and reside, and (often) diplomatic protection abroad.

D. Double nationality and statelessness — the two problems

Double (dual) nationality — a person holding two nationalities (e.g. born jus soli in one State to parents whose State follows jus sanguinis). It creates conflicts of allegiance and of protection; the “genuine/effective link” test decides which State may protect him.
Statelessness — a person with no nationality (denationalised, or falling between two systems). A stateless person is legally vulnerable — no State to protect him. International law tries to reduce it (Convention on the Reduction of Statelessness, 1961).

ICJ, Nottebohm Case (Liechtenstein v. Guatemala, 1955): nationality is “a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties.”

In Simple Terms: Nationality is your legal membership of a State — it is what gives a State the right to stand up for you against other countries. But the bond must be real (Nottebohm’s “genuine link”), not a passport bought for convenience. Without any nationality you are stateless and no one is obliged to protect you.

🧩 WORKED EXAMPLE — whose company is it? (nationality of claims)

Facts. X Company is registered in India; all its shareholders are English nationals. X’s property in Japan is damaged by the negligence of Japanese police. England claims compensation for the company before the ICJ.

Rule. Nationality of claims: only the State of the company’s own nationality (place of incorporation/registered office) may espouse its claim, not the shareholders’ State (Barcelona Traction, 1970).

Apply. The decoy is the shareholders’ English nationality. But the company’s nationality is Indian (registered in India). So England — the shareholders’ State — has no standing; India, as the company’s State of nationality, is the proper claimant.

Conclusion. England’s claim fails for want of nationality of the claim; India could bring it.

flowchart TD
    A["Nationality (bond of individual & State)"]
    A --> B["Acquisition: birth (jus soli/sanguinis),<br/>naturalisation, marriage, registration, subjugation"]
    A --> C["Loss: renunciation, deprivation,<br/>long residence, substitution"]
    A --> D["Importance: diplomatic protection;<br/>nationality of claims (Nottebohm, Barcelona Traction)"]
    A --> E["Problems: double nationality; statelessness"]
    classDef box fill:#e8f0fe,stroke:#333,color:#111;
    class A,B,C,D,E box;

Case Laws

Nottebohm Case (Liechtenstein v. Guatemala, 1955, ICJ) — nationality for the purpose of diplomatic protection requires a genuine link; a nationality of convenience is not opposable to other States.
Barcelona Traction (Belgium v. Spain, 1970, ICJ) — only the State of a company’s own nationality, not the shareholders’ States, may espouse the company’s claim.

📄 Full notes + Question Bank (₹199) — every topic in depth, model answers to all past KSLU questions, in one printable PDF. Get the bundle · 10 Solved Problems · All Public International Law topics