試析國內與國際視域下的條約解釋協調規則

Analysis on the Rules to Harmonize Treaty Interpretation from the National and International Viewpoints

條約解釋協調規則旨在避免國內法院適用本國法的法律解釋與該國承擔義務（尤其是條約義務）的國際法相衝突，或者是國內法院與行政部門對涉案法律的解釋衝突。在國內與國際視域下考察此類規則，有助於全面客觀地認識其適用限制或現狀，防止生搬硬套。中國在加入世界貿易組織之後制定實施的條約解釋協調規則，有些存在適用上的困惑。對此，應在統籌推進國內法治和涉外法治思想的指導下，結合國內與國際視域，全面客觀地分析、評估源於美國判例法的條約解釋協調規則，從中國國情出發，打破通常涉外案件的界定，重新認識各級人民法院適用條約轉化的國內法時進行條約解釋的涉外性。

The rules to harmonize the treaty interpretation are intended to avoid possible conflicts between the domestic courts’construction of statutes and the international obligations under international laws in particular treaties, or the conflicts between the domestic courts and the executive branches on the construction of statutes, which may be related to treaty interpretation. It is helpful to understand these rules and their limitations or reality with a comprehensive and objective approach with the national and international viewpoints to prevent the mechanical application. China made the rules to harmonize the treaty interpretation after entry into the World Trade Organization, but something remains puzzling. This paper argues that it must be taken, under the guidance of the thought of coordinating the domestic rule of law and the foreign related rule of law, from the combination of the national and international viewpoints to have a comprehensive and objective analysis on the rules to harmonize treaty interpretation originated from the case laws in the United States; to redefine the nature of“foreign related”cases based on the Chinese situations, and a reconsideration on Chinese courts to interpret the treaties which have been transformed or incorporated into the domestic laws for the purpose of the best application of laws.