The fact that the EUSFTA does not explicitly allow for cross-suspension (for instance, suspending the reduced tariff rates for certain categories
of imported goods in the event
of a
breach of one
of the environmental provisions), did not deter the Court from
finding that a
breach of Chapter 13 could constitute a material
breach of the Treaty and therefore authorising the Parties to suspend the agreement under
international treaty
law.
In R (on the application
of the Campaign for Nuclear Disarmament) v Prime Minister [2002] EWHC 2777 (Admin), [2002] All ER (D) 245 (Dec) the Divisional Court held that it had no jurisdiction to interpret an
international instrument that had not been incorporated into domestic
law even though the claim was
founded on an alleged
breach of customary
international law.