Research On International Minimum Treatment Standards In The Field Of International Investment

The International Minimum Standard was designed to protect the personal and property safety of foreign natural persons.It can be traced back to the 14th century rules for the treatment of foreigners.At the end of the 20th century,due to a large number of abuses of Fair and Equitable Treatment Standard in international investment treaties,in order to prevent indiscriminate interpretations of Fair and Equitable Treatment Standard,the International Minimum Standard has begun to be used to limit the application of Fair and Equitable Treatment Standard in the international investment field.The subject of protection for the International Minimum Standard has also been gradually developed from protecting the rights of foreign natural persons in the host country to protecting foreign investors in the field of international investment.In this evolutionary process,due to factors such as the legal development of the international community,the International Minimum Standard has been changed from the original "Neil Case "standard.However,there are still many problems with the specific connotation and applicability of the International Minimum Standard in the field of international investment.This has led to the confusion between International Minimum Standard and treaty standards,such as Fair and Equitable Treatment Standard in the subsequent application process.In the field of international investment,the International Minimum Standard is a rule of customary international law.It mainly refers to the "bottom line" of treatment enjoyed by foreign investors in sovereign countries independently of the domestic laws of sovereign states.Sovereign countries must not treat foreigners in a manner that is lower than the "bottom line." The connotation of the International Minimum Standard in the international investment field mainly focuses on two aspects:one is the"minimum" standard for the protection of foreign investors' assets;the other one is the"lowest" standard for the protection of foreign investors in the administration of justice.In terms of application,the International Minimum Standard is independent of treaty standards,such as National Treatment Standard,Fair and Equitable Treatment Standard,and Protection and Safety standard.The International Minimum Standard can be used to limit the expanded interpretation of these treaty standards in order to achieve a balance between host countries and foreign investors' benefits.As far as China is concerned,China has begun to accept the practice of applying the International Minimum Standard in the field of international investment,and China has provisions in many International Bilateral Investment Treaties.In order to prevent future complaints that may be caused by the vagueness of the International Minimum Standard,China can make some clear interpretations and definitions of the International Minimum Standard in the Bilateral Investment Treaties.