The Queen, on the Application of Channel Tunnel Group Ltd and France-Manche SA v. The Secretary of State for the Environment, Transport and the Regions

Abstract

Relationship of international law and municipal law — Treaties — Effect of unincorporated treaty in English law — Treaty concerning the Construction and Operation by Private Concessionaires of a channel Fixed Link, 1986, between France and the United Kingdom — Channel Tunnel Act 1987 — Powers given to minister — Minister required to act in conformity with treaty

Treaties — Interpretation — Power of domestic court to interpret treaty — Treaty concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link, 1986 — Provision for arbitration — Whether precluding English court from interpreting treaty — Requirement of joint action — Meaning — Failure by one government to object to action proposed by the other — Whether subsequent action a joint act

Jurisdiction — Channel Tunnel — Legal regime — Treaty concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link, 1986 — Concession Agreement, 1986 — United Kingdom legislation — Requirement of joint action by United Kingdom and France — The law of England