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

Abstract

580Relationship of international law and municipal law — Treaties — Effect of unincorporated treaty in English law — Treaty between France and the United Kingdom concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link, 1986 — Concession to construct and operate Tunnel — Channel Tunnel Act 1987 — Arbitration provisions in Treaty and Concession — Justiciability — Whether English court entitled to rule on interpretation of Treaty and Concession in proceedings by concessionaires — Whether interpretation reserved to arbitration tribunalTreaties — Interpretation — Principles — Good faith interpretation — Ordinary meaning of terms in their context and in light of the object and purpose of the treaty — Subsequent practice — Whether indicating agreement — Whether capable of prevailing over ordinary meaning of words used — Requirement that both governments consent — Whether failure to object amounting to consent — The law of England