LGST 219 - Class 8 Notes

LGST 219 - Class 8 Notes - Lecture 8 ICJ case on Peruvian...

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Lecture 8 ICJ case on Peruvian guy going to Italian court (Cannevaro) - Different standards to evaluate nationality in terms of jurisdiction - He should’ve gone to Peruvian courts, not Italian - Even though he has Italian ancestry, he has no other connection to Italy Only go to international system if the case is inherently international. For a dual citizen bringing case against home country (real, effective nationality) in other country’s court, not allowed. The other nationality is only “technical” nationality. This is a domestic case . Situation reversed: State of real, effective nationality is suing state of technical nationality -Is this an international case? -Fundamentally different case than above -Now it is an international case in essence even with the “technical” connection. He lacks any meaningful link to Italy. Nottebohm case 1881: born in Germany 1905-1943: domiciled in Guatemala (treated it as his permanent home) Oct-Dec 1939 gets expedited citizenship in Liechtenstein and expatriates himself from Germany (some countries do not allow you to expatriate yourself) 1943-1946 interned as enemy alien in Guatemala. Guatemala confiscates his property (context of WWII. Treated as a German even though he expatriated himself) 1946 onward, he lives in Liechtenstein 1951 He persuades Liechtenstein to sue Guatemala in ICJ - Liechtenstein was neutral in WWII, so he says cannot be treated as an enemy alien - Nottebohm did not want Guatemalan citizenship because it was unstable, risky - Will the ICJ think that Liechtenstein should be able to represent him? o YES He has a legitimate citizenship there He doesn't have any other possibility of citizenship (either Liechtenstein or no where) o NO (ICJ’s decision) ICJ is careful to only look at true international cases ICJ does not want to set precedent and be flooded by more cases ICJ does not want to set a precedent where someone can shop around for nationality, and then get that country to represent him Honestly, he doesn't really have a meaningful tie to Liechtenstein – lacks a genuine link between state and person (3 month quickie naturalization process does not cut it) SO, they treat him as a stateless person
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This does not mean Liechtenstein cannot treat him as a national. ICJ only talking about nationality in international context (in this sense similar to Cannevaro dual citizenship case) Now, Caribbean islands (economies not doing that well), will give out citizenship for money (about 50k per citizenship) -Why is this problematic from the POV of the US? o Concerns about travelers hiding their background for purposes of terrorism/ organized crime and drug smuggling Dorrance Case - Campbell soup family - Dorrance and his estate (what is received by others when he dies) - Dorrance family lived in the HQ of Campbell soup - Dorrance went to his lawyer. o
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LGST 219 - Class 8 Notes - Lecture 8 ICJ case on Peruvian...

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