The Reminiscences of Zafrulla Khan — Page 205
189 REMINISCENCES OF SIR MUHAMMAD ZAFRULLA KHAN of years. He had carried on a very successful business there and had acquired a lot of property. After the war had broken out in Europe, but before America had entered the war, he had gone to Germany, and during the return journey had stopped in the Principality of Liechtenstein and had there complied with the various requirements laid down for obtaining Liechtenstein nationality, and had then returned to Guatemala. Then the United States and some of the Latin American states, including Guatemala, entered the war, and the Government of Guatemala took action against him and his property as an enemy alien, treating him as a German subject, disregarding his change of nationality. He was interned and his property was sequestered. After the war, when he regained his freedom, he represented to Liechtenstein that not only had he suffered loss and inconvenience but that the international rights of the Principality of Liechtenstein had been denied when his nationality was not recognized. Thus, the Principality instituted the case against Guatemala to have it declared that Mr. Nottebahm was a Liechtenstein national and should have been so recognized by Guatemala and that the latter should not have proceeded against him and that it should now restore his property to him, and should pay him compensation for the inconvenience he had suffered. That raised a very interesting question: When is a state under obligation to recognize the nationality conferred by another state upon a non-national? The Court declined to pronounce upon the question whether as between Liechtenstein and Mr. Nottebahm a bond of nationality and allegiance had or had not been established in consequence of the naturalization proceedings which Mr. Nottebahm had gone through. That was a matter wholly within the domestic jurisdiction of Liechtenstein. The Court found that though Mr. Nottebahm had visited the Principality of Liechtenstein and had stayed there for a period, while these proceedings were carried through, and had obtained a certificate of nationality, no bond or connection had been established between Nottebahm and the Principality of Liechtenstein. He did not take up residence there; he was not employed in any connection with any of the affairs of Liechtenstein; and after having gone through this procedure, he went back to Guatemala and never returned to Liechtenstein. Neither at the time of his visit nor later did he establish any bond or any liaison with the Principality. The Court