SAVICKIS AND OTHERS v. LATVIA JUDGMENT
II. INTERNATIONAL LAW AND PRACTICE
A. Nationality
1. The case-law of the International Court of Justice
70. In the Nottebohm Case (Liechtenstein v. Guatemala, judgment of
6 April 1955, ICJ Reports 1955), the International Court of Justice (ICJ)
concluded as follows.
“It is for Liechtenstein, as it is for every sovereign State, to settle by its own legislation
the rules relating to the acquisition of its nationality, and to confer that nationality by
naturalization granted by its own organs in accordance with that legislation. It is not
necessary to determine whether international law imposes any limitations on its
freedom of decision in this domain. Furthermore, nationality has its most immediate,
its most far-reaching and, for most people, its only effects within the legal system of
the State conferring it. Nationality serves above all to determine that the person upon
whom it is conferred enjoys the rights and is bound by the obligations which the law of
the State in question grants to or imposes on its nationals. This is implied in the wider
concept that nationality is within the domestic jurisdiction of the State.
...
According to the practice of States, to arbitral and judicial decisions and to the
opinions of writers, 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. It may be said to constitute the juridical
expression of the fact that the individual upon whom it is conferred, either directly by
the law or as the result of an act of the authorities, is in fact more closely connected
with the population of the State conferring nationality than with that of any other State.
Conferred by a State, it only entitles that State to exercise protection vis-à-vis another
State, if it constitutes a translation into juridical terms of the individual’s connection
with the State which has made him its national.
...
Naturalisation is not a matter to be taken lightly. To seek and to obtain it is not
something that happens frequently in the life of a human being. It involves his breaking
of a bond of allegiance and his establishment of a new bond of allegiance. It may have
far-reaching consequences and involve profound changes in the destiny of the
individual who obtains it. It concerns him personally, and to consider it only from the
point of view of its repercussions with regard to his property would be to misunderstand
its profound significance. In order to appraise its international effect, it is impossible to
disregard the circumstances in which it was conferred, the serious character which
attached to it, the real and effective, and not merely the verbal preference of the
individual seeking it for the country which grants it to him.”
2. The European Convention on Nationality
71. The principal Council of Europe document concerning nationality is
the European Convention on Nationality (ETS No. 166), which was adopted
on 6 November 1997 and came into force on 1 March 2000. It has been
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