Western Sahara Campaign UK v Secretary of State for International Trade & Anor.

Western Sahara Campaign UK v Secretary of State for International Trade & Anor.

The claim failed because the regulations mirrored the UK-Morocco Association Agreement and were within the statutory power; the court was not required to interpret or review the underlying treaty, and international law principles invoked by the claimant did not render the regulations ultra vires or unlawful. The challenge was also non-justiciable under the foreign act of state doctrine, and there was no breach of the duty to have regard to international arrangements under s.28 of the 2018 Act.

Parties
Claimant: Western Sahara Campaign UK; First Defendant: Secretary of State for International Trade; Second Defendant: Her Majesty’s Treasury; First Interested Party: Secretary of State for Foreign, Commonwealth and Development Affairs; Second Interested Party: Confédération Marocaine de l’Agriculture et du Développement Rural (COMADER)
Jurisdiction
England and Wales
Judgment Date
05 December 2022
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review of Regulations, Interpretation of Treaties, Customary International Law, Self Determination, Foreign Act of State Doctrine, State Immunity, Ultra Vires Challenge, Implementation of International Agreements
Public Law International Law Trade Law Judicial Review of Regulations Interpretation of Treaties Customary International Law Self Determination Foreign Act of State Doctrine +3 more

Case Brief

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Parties

Western Sahara Campaign UK

Claimant

Secretary of State for International Trade

First Defendant

Her Majesty’s Treasury

Second Defendant

Secretary of State for Foreign, Commonwealth and Development Affairs

First Interested Party

Confédération Marocaine de l’Agriculture et du Développement Rural (COMADER)

Second Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the UK Government acted ultra vires in making regulations extending preferential tariffs to goods from Western Sahara under the UK-Morocco Association Agreement
  2. 2 Whether the Government failed to comply with its duty to have regard to relevant international arrangements under s.28 of the Taxation (Cross-border Trade) Act 2018
  3. 3 Whether the challenge is justiciable in light of the foreign act of state doctrine and state immunity

Ratio Decidendi

The claim failed because the regulations mirrored the UK-Morocco Association Agreement and were within the statutory power; the court was not required to interpret or review the underlying treaty, and international law principles invoked by the claimant did not render the regulations ultra vires or unlawful. The challenge was also non-justiciable under the foreign act of state doctrine, and there was no breach of the duty to have regard to international arrangements under s.28 of the 2018 Act.

Court Disposition

Claim dismissed