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Tinoco Claims Arbitration (Great Britain v. Costa Rica)

William H. Taft, Sole Arbitrator

1 U.N. Rep. Int'l Arb. Awards 369 (1923)

Relevant factsFree

The 'Tinoco regime' seized power in Costa Rica through a 1917 coup and held it for two years, during which it entered contracts with the British government, including an oil concession, despite lacking formal recognition as a legitimate government from major powers including Great Britain (plaintiff); after the regime fell in 1919, Great Britain sued Costa Rica (defendant) to enforce those contracts, and Costa Rica argued the Tinoco regime lacked authority to bind the state, especially since Great Britain itself had never recognized it as a legitimate government. The matter was submitted to arbitration before U.S. Chief Justice William H. Taft.

IssueFree

Whether a de facto government may enter into legally binding obligations on behalf of a State that must be borne by the legitimate government.

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