Paper Category: 2019

Nottebohm and ‘Genuine Link’: Anatomy of a Jurisprudential Illusion – IMC-RP 2019/1

ABSTRACT The ICJ’s 1955 decision in the Nottebohm Case famously set forth an aspirational conception of nationality requiring a “genuine link” between an individual and a state for purposes of international law. The formulation was controversial from its inception as a departure from the prevailing rule that states enjoy sovereign discretion over nationality practices. At no time […]

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