论国际最低待遇标准争议的实质

A Discussion on the Essence of the Controversies over the Minimum International Standard of Treatment

作为国际法规则的国际最低待遇标准从出现以来一直存在争议。争议主要表现在其与保护外国人安全、其与卡尔沃主义以及其与征收赔偿等方面。这些争议的实质是国际最低待遇标准与国民待遇的关系问题,即国际最低待遇标准能否对国民待遇进行限制的问题。该问题的解决可能最终取决于各国在国际法与国内法关系上所持立场和态度的协调和统一。

As a rule of international laws, the minimum international standard of treatment has been full of controversies from the beginning. The controversies have been focused on the relationship between the minimum standard and protection of foreigners' safety, the Calvo doctrine as well as levy of compensation. The essence of these controversies is the relationship between the minimum international standard of treatment and national treatment, which concerns whether the former can impose restrictions on the latter. The solution to this issue may depend on the coordination and unity of stance and attitudes over the relationship between international laws and domestic laws in individual countries.