SAHNI ARTICLE 3.3.21 (WORD) (DO NOT DELETE) 116 Gonzaga Journal of International Law 5/6/2021 7:21 PM Vol. 24:2 to nationality or citizenship.35 Therefore, it should be clarified that these two concepts or rights are not necessarily identical nor inter-changeable. They are similar. In practice, the distinction is represented by the types of documentation a State awards to a person. Proof of nationality tends to be in the forms of birth certificates that name the State of nationality,36 passports, and nationality identification cards. The most valid and accepted proof of citizenship is a passport.37 A discussion of how international forums and States have tended to interpret the concepts of nationality and citizenship follows. 1. What is the Right to Nationality? The International Court of Justice (ICJ) attempted to define ‘nationality’ in 1955 in the Nottebohm Case.38 It acknowledged that nationality has a legal component.39 This significance was minimized, unfortunately, by the description of nationality as a “legal bond.” A legal bond is not a legal right. The Court enunciated the doctrine of real and effective nationality to classify nationality as a legal bond. “According to the practice of States, to arbitral and judicial decisions and to the opinion of writers, nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interest and sentiments, together with the existence of reciprocal rights and duties.”40 The ICJ observed that “[n]aturalization is not a matter to be taken lightly.”41 A person who changes his nationality breaks his bond of allegiance to the original State of nationality and makes a new bond of allegiance elsewhere.42 The ICJ found that Mr. Friedrich Nottebohm lacked a “link”43 or persuasive nexus with Liechtenstein, the country for which Nottebohm abandoned his German nationality.44 It reasoned that Mr. Nottebohm did not seem to have any long-standing connecting factors with Liechenstein since he was born and raised in Germany and then moved to Guatemala as an adult 35. As far as the author is aware, many domestic legal systems lack written definitions of the terms ‘nationality’ or ‘citizenship’. 36. For example, a person born in a State may not be entitled to receive nationality or citizenship of that State. The birth country will issue a birth certificate that identifies the place of birth and nationality. Therefore, birth country A will issue a birth certificate that declares that the place of birth is country A and the nationality is of another country (country B). 37. Adam I. Muchmore, Passports and Nationality in International Law, 10 U.C. DAVIS J. INT’L L. & POL’Y 301, 306, 320 (2004). 38. Nottebohm Affaire (Liech. v. Guat.), Judgment, 1955 I.C.J. 4 (Apr. 6). 39. See Situation of Human Rights in the Dominican Republic, Dec. 31, 2015, OEA/Ser.L/V/II. 40. Liech. v. Guat., 1955 I.C.J. 41. Id. at 24. 42. Id. at 26. 43. Id. at 21-22. 44. Id at 13.