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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

England Court of Appeal (Civil Division)..  23 July 2001 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship 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 tribunal

Treaties — 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

Type
Case Report
Copyright
© Cambridge University Press 2004

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