Aguilar-Amory and Royal Bank of Canada Claims (Tinoco Arbitration), Great Britain v Costa Rica
1 RIAA 36919231 min read
The case in brief30-second read
- Facts
- Federico Tinoco seized power in Costa Rica in 1917 and ruled until 1919. The restored government annulled his acts, and Britain claimed for British companies that had dealt with his regime, though Britain had not recognised it.
- Issue
- Whether the Tinoco regime was a government whose acts bound Costa Rica, and whether Britain's non-recognition barred its claims.
- Held
- Taft held the Tinoco regime was the de facto government in effective control, so it could bind the state. Non-recognition is evidence but cannot outweigh effective control, and Britain was not estopped. The particular claims failed on their facts.
- Principle
- Effective control, not recognition or constitutional origin, determines whether a regime is a government in international law.
Facts
- Federico Tinoco seized power in Costa Rica in 1917 and ruled until 1919. The restored government annulled his acts, and Britain claimed for British companies that had dealt with his regime, though Britain had not recognised it.
Issue
- Whether the Tinoco regime was a government whose acts bound Costa Rica, and whether Britain's non-recognition barred its claims.
Held
- Taft held the Tinoco regime was the de facto government in effective control, so it could bind the state. Non-recognition is evidence but cannot outweigh effective control, and Britain was not estopped. The particular claims failed on their facts.
Cite this
Citation
Aguilar-Amory and Royal Bank of Canada Claims (Tinoco Arbitration), Great Britain v Costa Rica 1 RIAA 369Reported: https://legal.un.org/riaa/cases/vol_I/369-399.pdf (international award; not on IK or SCI). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.