International Law Keyed to Damrosche
Nottebohn Case (Liechtenstein v. Guatemala)
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Nottebohn (P), a German by birth, lived in Guatemala (D) for 34 years, retaining his German citizenship and family and business ties with it. He however applied for Liechtenstein (P) citizenship a month after the outbreak of World War II. Nottebohm (P) had no ties with Liechtenstein but intended to remain in Guatemala. The naturalization application was approved by Liechtenstein and impliedly waived its three-year. After this approval, Nottebohm (P) travelled to Liechtenstein and upon his return to Guatemala (D), he was refused entry because he was deemed to be a German citizen. His Liechtenstein citizenship was not honored. Liechtenstein (P) thereby filed a suit before the International Court to compel Guatemala (D) to recognize him as one of its national. Guatemala (D) challenged the validity of Nottebohm’s (P) citizenship, the right of Liechtenstein (P) to bring the action and alleged its belief that Nottebohm (P) remained a German national.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.