Principle 2: Definitions 2.1 Nationality PRINCIPLE LEGAL STANDARD 2.1. 1930 Hague Convention, Art. 1: “It is for each State to determine under its own law who are its nationals. This law shall be recognised by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognised with regard to nationality. Nationality 2.1.1. Nationality refers to a legal status of an individual in relation to a State and embodies the legal bond between the individual and State for the purposes of international law. 2.1.2. It is for each State to determine who is considered a national according to its law, in compliance with international law standards. Nottebohm case (ICJ): “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. 2.1.3. For the scope of application and interpretation of the Principles, the terms “nationality” and “citizenship” are synonymous. 1. Nationality was defined in the Nottebohm case by the International Court of Justice ICJ as “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. 3 It may be defined as constituting 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. 2. A definition of nationality is also contained in Article 2 of the European Convention on Nationality, where the concept is held to mean “the legal bond between a person and a State. The Explanatory Report to the European Convention on Nationality offers a more detailed explanation, stating that the concept of nationality “refers to a specific legal relationship between an individual and a state which is recognized by that state .4 In the European Convention on Nationality, the terms nationality and citizenship are synonymous.5 3 ICJ, Nottebohm case (second phase) (1995), ICJ Reports 1955, p. 4, available at: https://www.icj-cij.org/en/case/18https://www.icjcij.org/en/case/18, p. 23. 4 Explanatory Report to the European Convention on Nationality (ECN), ETS No. 166 (6 November 1997), available at: https://rm.coe.int/16800ccde7https://rm.coe.int/16800ccde7, para. 23. 5 Explanatory Report to the ECN, para. 23. 20