Write short notes on (c) Non-refoulement

Meaning: the legal bond between an individual and a state — the status by which the individual is that state's national: owing allegiance, entitled to protection. The classic judicial statement — the Nottebohm case (ICJ, 1955): nationality is "a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments" — the genuine link doctrine (Nottebohm's Liechtenstein citizenship, granted to a German long resident in Guatemala, failed the test; Guatemala need not respect it). The Hague Convention (1930) frame: each state determines its nationals under its own law — subject to international limits. Importance: diplomatic protection's key (only nationals protected); personal jurisdiction's basis (Unit 6); the individual's package of rights (residence, suffrage, protection abroad); conflict-of-laws' personal statute; statelessness prevention — the right to have rights. Acquisition modes: by birth — jus soli (territory) vs. jus sanguinis (descent — Nepal's dominant principle); by naturalization (residence, conduct, language conditions); by marriage; by option/ election (succession, territorial transfer); by reintegration; by cession of territory; by legitimation; honorary conferment. Loss modes: renunciation/expatriation; deprivation/denationalization (fraud, disloyalty — increasingly restricted: the 1961 Statelessness Convention's rule — no deprivation rendering stateless); automatic substitution on naturalization elsewhere; succession. Double nationality and Nepal's NRN question (the syllabus's named issue): dual nationality arises from conflicting jus soli/jus sanguinis rules and marriages; the…