Dr Javier García Olmedo, a Postdoctoral Researcher at the University of Luxembourg Department of Law, has recently published an article in the April 2024 edition of the Asian Journal of International Law (Cambridge University Press).
Entitled “In Fairness to Nottebohm: Nationality in an Age of Globalization,” Dr Olmedo explores the implications of the Nottebohm judgment from the International Court of Justice (ICJ) and its relevance to contemporary debates surrounding Citizenship by Investment (CBI) schemes.
In his article, Dr Olmedo challenges the prevailing consensus that Nottebohm represents “bad law.” Instead, he argues that the principles embedded in the judgment can offer valuable insights into addressing the challenges posed by the commodification of citizenship and the instrumentalization of nationality in today’s globalized world. Dr Olmedo also explores the potential applications of its “substance-over-form” approach in various contemporary contexts, including EU law, international investment law, and human rights protections.
As debates surrounding CBI schemes continue to evolve, Dr Olmedo offers a timely and insightful perspective that calls for a reevaluation of traditional legal principles in the face of evolving global dynamics and contemporary challenges.
Cambridge University Press