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Minquiers and Ecrehos (France V. U.K.), 1953 I.C.J.

The Minquiers and Ecrehos Case (France/United Kingdom) was an International Court of Justice case in which the UK and Francerequested that the ICJ determine which country held sovereignty over the islets and rocks in the Minquiers and Écréhous groups. France claimed sovereignty because it fished in the waters and because of its historic sovereignty over the area going back to the Duchy of Normandy in the eleventh century, whilst the UK claimed that Jersey had historically exercised legal and administrative jurisdiction over them.

Initially requested on 5 December 1951, the ICJ decided on 17 November 1953 that sovereignty over the islands belonged to the United Kingdom.

http://en.wikipedia.org/wiki/Minquiers_and_Ecrehos_Case_(France_v._United_Kingdom)

http://www.icj-cij.org/docket/index.php?sum=88&code=fuk&p1=3&p2=3&case=17&k=19&p3=5

Nottebohm (Liechtenstein V. Guatemala), Preliminary Objections, 1953 I.C.J.

Nottebohm, born September 16, 1881 in HamburgGermany, possessed Germancitizenship. Although he lived in Guatemala from 1905 until 1943 he never became a citizen of Guatemala. On October 9, 1939, Nottebohm applied to become a naturalized citizen of Liechtenstein. The application was approved under exceptional circumstances[clarification needed] and he became a citizen of Liechtenstein. He then returned to Guatemala on his Liechtenstein passport and informed the local government of his change of nationality. When he tried to return to Guatemala once again in 1943 he was refused entry as an enemy alien since the Guatemalan authorities did not recognise his naturalisation and regarded him as still German. It has been suggested that the timing of the event was due to the recent entry of the United States and Guatemala into the Second World War.

He was later extradited to the U.S., where he was held at an internment camp until the end of the war. All his possessions in Guatemala were confiscated. After his release, he lived out the rest of his life in Liechtenstein.

Implications for international law

Background of the ICJ case

The Government of Liechtenstein granted Nottebohm protection against unjust treatment by the government of Guatemala and petitioned the International Court of Justice. However, the government of Guatemala argued that Nottebohm did not gain Liechtenstein citizenship for the purposes of international law. The court agreed and thus stopped the case from continuing.

Decision

Although the Court stated that it is the sovereign right of all states to determine its own citizens and criteria for becoming one in municipal law, such a process would have to be scrutinized on the international plane where the question is of diplomatic protection. The Court upheld the principle of effective nationality, (the Nottebohm principle) where the national must prove a meaningful connection to the state in question. This principle was previously applied only in cases of dual nationality to determine which nationality should be used in a given case. However Nottebohm had forfeited his German nationality and thus only had the nationality of Liechtenstein. The question arises, who then had the power to grant Nottebohm diplomatic protection?

The Nottebohm case was subsequently cited in many definitions of nationality.

http://en.wikipedia.org/wiki/Nottebohm_(Liechtenstein_v._Guatemala)

http://www.icj-cij.org/docket/index.php?sum=215&code=lg&p1=3&p2=3&case=18&k=26&p3=5

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