Individuals as Objects

Question 1

What is the different between subject and object?

Answer 1

Subject→ You can claim a right on your own behalf

Object→ state is the only one that could claim a right only our behalf

Question 2

What are the limitations of only having individuals as objects?

Answer 2

• Ind. May only be protected by their national states; national links may be elusive
• Confusing with corporations
• Leaves nationals open to abuse by their own states, since it is impractical to conceive of a state protecting its own nationals against itself in international law.

Question 3

Nottebohm

Answer 3

Facts: German man lives in Guatemala. Liechtenstein gives him citizenship even though he has no ties there. Gautemala refuses to recognize citizenship and won’t let him return.

• Citizenship is concern of granting nation, no one else has to recognize it unless it has acted in conformity w/ the general aim of forging a genuine bond.

Rule: no relationship exists between Liechtenstein and Nottebohm. There was never intent to reside in Liechtenstein, no business or family connections, no acceptance of traditions and the severing of old ties, etc. The change in nationality was a mere convenience/subterfuge mandated by the war.

Question 4

Barcelona Traction

Answer 4

Facts: Company in Spain that is registered in Canada. Belgium shareholders are trying to bring a claim against Spain for expropriation after company goes bankrupt because of Spain court.

Issue: Does the state of the shareholders of a company have a right of diplomatic protection if the state whose responsibility is invoked is not the national state of the company

Rule: NO. ONLY the state of incorporation can bring a claim, or where the registered office, this is Canada. (there was a violation but Belgium couldn’t bring it)

o You can’t do genuine connection with a corporation. There is genuine connections all over.

Question 5

What is effective nationality?

Answer 5

➢ Effective Nationality= there is the habitual residence of the individual concerned but also the centre of his interests, his family ties, his participation in public life, attachment shown by him for a given country and inculcated in his children”