Question

In which of the following cases the International Court of Justice laid down the principle of 'Genuine Link' and 'Effective Nationality'?

• A. Tunis and Morocco case (1923)
• B. Liechtenstein v. Guatemala (1955)
• C. Barcelona Traction case (1970)
• D. Panama Canal case (1958)

Hint:

The Nottebohm Case is the landmark judgment for the "genuine link" theory of nationality. A passport is not enough; there must be a real connection between the person and the state.

Answer 1

The Correct Option is B

The principle of "effective nationality" or the "genuine link" doctrine was laid down by the ICJ in the famous Nottebohm Case (Liechtenstein v.
Guatemala).
In this case, Mr.
Nottebohm, a German citizen living in Guatemala, obtained Liechtenstein nationality just before World War II.
After the war, Guatemala seized his property as an enemy alien.
Liechtenstein brought a case against Guatemala on his behalf.
The ICJ ruled that for a country to exercise diplomatic protection for a citizen, there must be a "genuine link" or "effective connection" between the individual and the state.
The Court found that Nottebohm's connection to Liechtenstein was not genuine, but merely a matter of convenience to change his status from a belligerent to a neutral national.
Thus, Liechtenstein could not exercise diplomatic protection for him.